FAULTY CAR FROM BIG MOTORING WORLD KENT - LESS THAN 3 MONTHS AFTER PURCHASE

newlife2016

Please could some wise forum user offer me some advice? 

I purchased my car from Big Motoring World, Kent on 25/06/2023.  Last Wednesday, 20/09/2023 my car broke down.  The car came with one years breakdown and I also paid for a one year warranty on car which I have now found out to be Warranty 2000, also known as Warranty Direct.  

I called the recovery agents, who assessed the car and concluded it had a leaking radiator which could not be fixed by the recovery agent.  I then called Big Assist who are the recovery agents for Big Motoring World.  I informed them of the case, they then gave me two telephone numbers of BMW specialist garages in my local area.  The first garage agreed to receive my car for a diagnostic check and to prepare an estimated bill.  I then called Big Assist back and advised that the garage had agreed to take me car and Big Assist arranged for my car to be picked up and delivered to the garage.  

The next day the mechanic wrote his report:

£95 for diagnostics, coolant pressure test and check for leakages.  

Found radiator leaking, change radiator, put anti freeze and bleed coolant system. 
£285 for three hours labour

1x bmw radiator £407.16

2 x anti freeze £28.50 

sub Total £815.66 
VAT £163.73

Total Due: £978.79

The mechanic called me on Friday to advise that Big Assist would only be paying for part of the costs, like £450 and that I was expected to pay the remaining.  I called Big Assist and obviously explained that the car was purchased less than three months ago and I had an extended warranty.  They said this was all they were authorised to pay.  They stated that they were not obliged to put in BMW parts, and that the parts could be reconditioned second hand parts.  And also, even though the mechanic charged £95 per hour, they capped the labour costs at £75 per hour.  Big Assist directed me to back to Big Motoring World and said if they authorised a bigger pay out they could do so otherwise I would be liable for the cost.  

I called Big Motoring World in Kent, explained the situation and was advised to forward by email the mechanics report which would then be forwarded to a senior manager.  I sent that off at 2pm and called them back at $pm to ensure they had received it and actioned.  They had not checked the emails, they did so when I was on the call and forwarded it on to a manager.  

I called Monday, Tuesday and today time a day to ask for an update, nothing until 4:30 today.  Bear in mind they stated no right to a courtesy car unless the repair would take longer than 8 hours.  

Today, they have advised that they are authorising a payment of £586, which comprises of:

3 x £75 labour
£285.01 generic radiator 
£4.77 anti-freeze
£60 plus VAT towards diagnostics

 This is clearly £392.79 short of the bill the mechanic has put forward.  I called the mechanic and advised him of the progress so far.  He states he has contacted Euro Car Parts who the warranty people price check against and they have advised there are no compatible radiators for my car in that price bracket.  

I have advised Big Motoring World that this is not a satisfactory resolution to the case, and the operator advised she has made notes and she will refer again to her senior manager tomorrow morning as the call had gone past 5pm when they close.  

I have advised them that if the warranty only covers £75 per hour why did they send me car to a garage which charges £95 per hour?!  I was not consulted nor did i agree to pay this.  

My main gripe is that this fault occured in less than the first three months of purchasing the car, surely it is their responsibility to pay for the parts and labour?  What are my legal rights?  Should I email the CEO to escalate the matter as they don't look like they are going to cover the full costs?

please please help me with advice and or email templates i could use?

cymruchris

Who authorised/agreed to the fitment of a genuine BMW radiator rather than an aftermarket one?

Aylesbury_Duck

My first thought was that it's possible the leak was caused by a stone thrown up into the car, which wouldn't be covered at all, but since they're offering to cover most of the cost, presumably they've acknowledged it's an inherent problem.

As for the rest, you'll need to read the warranty terms to see if they're acting in accordance with them, I.e. that they'll only pay for a generic or reconditioned replacement and the labour charge is capped.  

To be clear, work hasn't started yet?  That's what I infer from the way you've written it.  If that's the case and what they're proposing is in accordance with their terms, continuing to argue is just delaying the use of your car.  Take it to another approved garage that can source a cheaper radiator and does charge labour rates within the cap.  If you can.  Otherwise you'll have to pay the excess.

Obviously we can't see the terms of your warranty so I might be mistaken.

newlife2016

Aylesbury_Duck said:

My first thought was that it's possible the leak was caused by a stone thrown up into the car, which wouldn't be covered at all, but since they're offering to cover most of the cost, presumably they've acknowledged it's an inherent problem.

As for the rest, you'll need to read the warranty terms to see if they're acting in accordance with them, I.e. that they'll only pay for a generic or reconditioned replacement and the labour charge is capped.  

To be clear, work hasn't started yet?  That's what I infer from the way you've written it.  If that's the case and what they're proposing is in accordance with their terms, continuing to argue is just delaying the use of your car.  Take it to another approved garage that can source a cheaper radiator and does charge labour rates within the cap.  If you can.  Otherwise you'll have to pay the excess.

Obviously we can't see the terms of your warranty so I might be mistaken.

Yes, the mechanic has not started the repairs yet as the cost was not approved.  

cymruchris

newlife2016 said:

Aylesbury_Duck said:

My first thought was that it's possible the leak was caused by a stone thrown up into the car, which wouldn't be covered at all, but since they're offering to cover most of the cost, presumably they've acknowledged it's an inherent problem.

As for the rest, you'll need to read the warranty terms to see if they're acting in accordance with them, I.e. that they'll only pay for a generic or reconditioned replacement and the labour charge is capped.  

To be clear, work hasn't started yet?  That's what I infer from the way you've written it.  If that's the case and what they're proposing is in accordance with their terms, continuing to argue is just delaying the use of your car.  Take it to another approved garage that can source a cheaper radiator and does charge labour rates within the cap.  If you can.  Otherwise you'll have to pay the excess.

Obviously we can't see the terms of your warranty so I might be mistaken.

Yes, the mechanic has not started the repairs yet as the cost was not approved.  

Sorry I read it as the work was complete.

Can the mechanic source an aftermarket radiator? Or repair the existing one? It does seem a fairly high cost for a rad. Warranties will only cover so much, so you'll need to dig out the t's and c's in reference the one you bought to see what cover it should be giving you. Some items wouldn't be covered - so you might be getting a fairly decent offer from them.

Okell

What BMW is it?

How old is it?

What mileage?

What did you pay for it?

How did you pay?

newlife2016

Okell said:

What BMW is it?

How old is it?

What mileage?

What did you pay for it?

How did you pay?

BMW 2 series Grand Tourer
2019 reg
60,000 mileage 
paid by cash debit card

Okell

Thanks

How much did you pay?

(The reason I'm asking these questions is that you bought it less than 6 months ago and factors like its age, price, condition etc will be relevant in assessing whether you have a legal remedy under the Consumer Rights Act 2015 (legislation.gov.uk) in that the car is not of "satisfactory quality")

If you want to rely on the warranty rather than the legislation, what you are entitled to depends on the Ts & Cs of the waaranty itself.  No-one here knows what they are...

km1500

how much did you pay eg £2000 or £20000

If you rely on the warranty then you get whatever the warranty says

Alternatively you could not use warranty but rely on fact car not of satisfactory quality.

LightFlare

I would say that it depends on the actual reason for the fault.

was it a mechanical failure of a part or "wear and tear" i.e. a hole cause by a stone

The car ran fine for 3 months, so very likely to be wear and tear

born_again

Aylesbury_Duck said:

My first thought was that it's possible the leak was caused by a stone thrown up into the car, which wouldn't be covered at all, but since they're offering to cover most of the cost, presumably they've acknowledged it's an inherent problem.

As for the rest, you'll need to read the warranty terms to see if they're acting in accordance with them, I.e. that they'll only pay for a generic or reconditioned replacement and the labour charge is capped.  

To be clear, work hasn't started yet?  That's what I infer from the way you've written it.  If that's the case and what they're proposing is in accordance with their terms, continuing to argue is just delaying the use of your car.  Take it to another approved garage that can source a cheaper radiator and does charge labour rates within the cap.  If you can.  Otherwise you'll have to pay the excess.

Obviously we can't see the terms of your warranty so I might be mistaken.

OP will still have to pay BMW for the work done
£95 for diagnostics, coolant pressure test and check for leakages.  
Will also need to get it transported to another garage. Best guess is breakdown cover will not apply here, as that is where it was taken in 1st place.

So it is possible that OP would end up with a bigger bill than the excess at the moment.