BMWFS car rejection

scape02

Hi All,

Purchased a brand new car over 60k from local BMW dealership in September 21. 
Vehicle was in for a minor repair within first 30 days loved the car so benefit of the doubt accepted repair and didn't reject.
Vehicle was back in 2nd month  (same again)  so I applied to Financial services for a rejection and then car went in Novemeber where they kept the car in dealership for 9 weeks. 
Within  that 9 weeks BMWFs said they couldn't help and for me to go to FOS. Whilst my claim was with the FOS Vehicle came back from dealership with same faults and I did not have full use of the vehicle.
FFW to now my claim went to Ombudsman and  the final decision was the FOS have upheld the complaint but are saying I have a right to reject and have to pay a percentage for the time I've had the vehicle (as I had a cc whilst it was in repair) however there is no mention of mileage. (I had to do extra mileage in the car due to the fault).

Can BMWFS still charge for the mileage??

How long do they have to refund deposit and part of the monthly payments etc? 

 Once they have collected the vehicle do I cancel the dd? Or let them stop it.

 As I really don't want this affecting my credit file. It has been a long stressful journey with BMWFS and I just want to put this matter to bed. 

Has anyone had any vehicle rejection experience with  BMWFS??

Thanks if you got this far & sorry for the long post.

[Deleted User]

They can consider mileage, but you can argue that some of it was due to the faults.

scape02

[Deleted User] said:

They can consider mileage, but you can argue that some of it was due to the faults.

Thanks for your reply. Can they still  charge Even though the ombudsman has not mentioned in final decision. Is this not legally binding on bmwfs? And I am being charged for use of a faulty vehicle. So would it not be one or the other as opposed to vehicle usage and mileage charge? 

Jenni_D

It's the Consumer Rights Act 2015 (I think) which allows them to deduct a reasonable amount for the loss of value caused by the mileage added. (Normally a refund would be in full, but there's an exception for vehicles). As that is statute law then the FOS can't go against it, so probably felt no need to mention it.

What was the excess mileage charge (p per mile) in the BMWFS finance agreement? That's a reasonable starting point. Then you deduct the additional mileage caused by the defects/rectification from the overall mileage added and the balance (charged at the p per mile noted before) is the reduction in refund from whatever you've paid to date.

scape02

Hi Jenni, thanks for your reply the excess mileage charge is 14.81ppm.
The cra states a rejection within 6 months is where you will be entitled to a refund of what you paid for the car minus a deduction for any usage you’ve had. This is usually calculated by looking at how many miles you’ve added to the vehicle, and charging a certain amount of pence for each mile driven.
However they are only refunding 25% of the monthly payments for usage so surely can't deduct mileage on top of that as if they was to deduct the mileage it would be less than the monthly payments deduction they are taking and I end up paying double for mileage and usage iyswim. 

Sorry this is so confusing. 

Jenni_D

Hang on - why are they only refunding 25% of the payments? How long did you "own" the vehicle? How much of that time were you able to use the vehicle? For how much of the non-usage time did you have a courtesy car?

Just trying to get clarity on the situation. A rejection within 6 months should result in a full refund (less mileage charges per the CRA). For the refund to be reduced further then there would need to be extenuating circumstances.

Do you have legal protection/advice cover with your motor or home insurance, or via a union? Might be worth getting an informed legal opinion.

scape02

Thankyou so so much for your reply.

 It was a straightforward matter which BMWFS prolonged and FOS have made the decision in my favour but with a cost to me.
So I Purchased car in September, it was in the dealership for a day in September and then 3 days  in October. I applied for rejection in Novemeber and during the whole of Novemeber, December and 1 week of Jan it was in the dealership for  repairs. (I had a smaller CC for this duration). 

Yes thats exactly what I thought but with FOS it went to final decision and this is what they offered 25% of monthly repayments to be refunded and deposit with 8% interest etc.  
So technically I have "owned" the car since Septemeber and it was in the dealership for 9 weeks and returned. 
I have had to use the car as I'm paying a large amount pcm and can't afford another car alongside this one. However, when the vehicle came back from.the dealership in Jan I have not had full use of the vehicle due to the faults hence resulting in slightly extra mileage.
 For the duration of 9 weeks when I did have the cc they supplied it was a totally different smaller model then the car I was paying for and was resulting in me having to do double trips on family outings and school runs etc. 

FOS have advised if I reject the decision they will not look at my case again and to take legal action could take years & ££££. 

I just want out with BMWFS with the least financial penalty possible. Its ridiculous how these massive companies can put their consumers in these positions. 

shiraz99

Jenni_D said:

It's the Consumer Rights Act 2015 (I think) which allows them to deduct a reasonable amount for the loss of value caused by the mileage added. (Normally a refund would be in full, but there's an exception for vehicles). As that is statute law then the FOS can't go against it, so probably felt no need to mention it.

What was the excess mileage charge (p per mile) in the BMWFS finance agreement? That's a reasonable starting point. Then you deduct the additional mileage caused by the defects/rectification from the overall mileage added and the balance (charged at the p per mile noted before) is the reduction in refund from whatever you've paid to date.

Only outside of the 30 day window and even though the OP states that he's now outside this window I'd argue that his short term right to reject (for a full refund) still exists as the original fault was raised within this period and hasn't been fixed, therefore the STRR has effectively been paused.

Jenni_D

shiraz99 said:

Jenni_D said:

It's the Consumer Rights Act 2015 (I think) which allows them to deduct a reasonable amount for the loss of value caused by the mileage added. (Normally a refund would be in full, but there's an exception for vehicles). As that is statute law then the FOS can't go against it, so probably felt no need to mention it.

What was the excess mileage charge (p per mile) in the BMWFS finance agreement? That's a reasonable starting point. Then you deduct the additional mileage caused by the defects/rectification from the overall mileage added and the balance (charged at the p per mile noted before) is the reduction in refund from whatever you've paid to date.

Only outside of the 30 day window and even though the OP states that he's now outside this window I'd argue that his short term right to reject (for a full refund) still exists as the original fault was raised within this period and hasn't been fixed, therefore the STRR has effectively been paused.

I considered that, but my understanding is that once the consumer accepts a repair attempt then the STRR becomes voided and then the Final Right to Reject comes into play.

shiraz99

Jenni_D said:

shiraz99 said:

Jenni_D said:

It's the Consumer Rights Act 2015 (I think) which allows them to deduct a reasonable amount for the loss of value caused by the mileage added. (Normally a refund would be in full, but there's an exception for vehicles). As that is statute law then the FOS can't go against it, so probably felt no need to mention it.

What was the excess mileage charge (p per mile) in the BMWFS finance agreement? That's a reasonable starting point. Then you deduct the additional mileage caused by the defects/rectification from the overall mileage added and the balance (charged at the p per mile noted before) is the reduction in refund from whatever you've paid to date.

Only outside of the 30 day window and even though the OP states that he's now outside this window I'd argue that his short term right to reject (for a full refund) still exists as the original fault was raised within this period and hasn't been fixed, therefore the STRR has effectively been paused.

I considered that, but my understanding is that once the consumer accepts a repair attempt then the STRR becomes voided and then the Final Right to Reject comes into play.

No, the STRR doesn't come voided by the request of repair, the 30 day period stops running until the goods have been returned and accepted by the buyer. The buyer will then get at least a further 7 days or the remainder of the STRR period (whichever is longer) to reject the goods for a refund if they still don't conform to contract.

So it will all come down to the exact timings of when the car was first in for repair, how long it was away for and when exactly it had to go back again.

Jenni_D

You are correct ... section 22(6) refers.

https://www.legislation.gov.uk/ukpga/2015/15/section/22/enacted