Bmw Recalled for 5 weeks - What are my rights?
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BadBMWservice
Posts: 14 Forumite
Hi,
First time posting so go gentle!
My BMW 640d has been Recalled by BMW over safety concerns with the EGR cooler, which basically means that it could set itself on fire.
With the recall, my car has been taken off me and I have been put into a non BMW hire car of far lower spec, told to pay a £50 deposit and made liable for a £1000 excess. The car initially was a Mitsubishi Eclipse Cross and I'm now in a KIA Optima. Enterprise themselves say that the category of car BMW have arranged is below that of a BMW, Mercedes or Audi, which I feel is a deliberate move for cost and also avoiding us driving the competition.
I have now been left without my car for over weeks with no word on parts availability, and BMW have said that they will not release the car back to me without me taking liability for any consequential damage that would result from me driving the car.
The vehicle is on a PCP contract through BMW Financial services, purchased as a Manufacturer Approved Used Vehicle through a main dealer, and was still under extended warranty about 10 months ago.
Financially, I believe that they should be liable to refund me my monthly payment and the equivalent amount of deposit (roughly the same as my monthly).
Now 5 weeks in, I would have paid the equivalent of £730 to drive around in a Kia - What are my legal rights and what if anything am I entitled to?
What I have done so far?
1. Complained to BMW FS - Passed me on to BMW UK
2. Complained to BMW UK - Said that they wouldn't be offering any refunds or compensation and that it was their final decision.
3. Contacted the Financial Ombudsman - Told I need the final decision in writing from BMW
4. Contacted BMW for the decision in writing, they are also going to confirm in writing that they have refused to hand the car back without liability and that the hire car provided is of a lower spec.
Thanks!
EDIT: There's a few trolls in the below thread for anyone searching for a resolution to a similar situation. Don't bother with their posts, none of what has been posted so far constitutes advice further than what I've already done as detailed above.
If you have anything to advise that I shoo uld be doing as next steps please offer your suggestions.
First time posting so go gentle!
My BMW 640d has been Recalled by BMW over safety concerns with the EGR cooler, which basically means that it could set itself on fire.
With the recall, my car has been taken off me and I have been put into a non BMW hire car of far lower spec, told to pay a £50 deposit and made liable for a £1000 excess. The car initially was a Mitsubishi Eclipse Cross and I'm now in a KIA Optima. Enterprise themselves say that the category of car BMW have arranged is below that of a BMW, Mercedes or Audi, which I feel is a deliberate move for cost and also avoiding us driving the competition.
I have now been left without my car for over weeks with no word on parts availability, and BMW have said that they will not release the car back to me without me taking liability for any consequential damage that would result from me driving the car.
The vehicle is on a PCP contract through BMW Financial services, purchased as a Manufacturer Approved Used Vehicle through a main dealer, and was still under extended warranty about 10 months ago.
Financially, I believe that they should be liable to refund me my monthly payment and the equivalent amount of deposit (roughly the same as my monthly).
Now 5 weeks in, I would have paid the equivalent of £730 to drive around in a Kia - What are my legal rights and what if anything am I entitled to?
What I have done so far?
1. Complained to BMW FS - Passed me on to BMW UK
2. Complained to BMW UK - Said that they wouldn't be offering any refunds or compensation and that it was their final decision.
3. Contacted the Financial Ombudsman - Told I need the final decision in writing from BMW
4. Contacted BMW for the decision in writing, they are also going to confirm in writing that they have refused to hand the car back without liability and that the hire car provided is of a lower spec.
Thanks!
EDIT: There's a few trolls in the below thread for anyone searching for a resolution to a similar situation. Don't bother with their posts, none of what has been posted so far constitutes advice further than what I've already done as detailed above.
If you have anything to advise that I shoo uld be doing as next steps please offer your suggestions.
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BadBMWservice wrote: »Hi,
First time posting so go gentle!
My BMW 640d has been Recalled by BMW over safety concerns with the EGR cooler, which basically means that it could set itself on fire.
With the recall, my car has been taken off me and I have been put into a non BMW hire car of far lower spec, told to pay a £50 deposit and made liable for a £1000 excess. The car initially was a Mitsubishi Eclipse Cross and I'm now in a KIA Optima. Enterprise themselves say that the category of car BMW have arranged is below that of a BMW, Mercedes or Audi, which I feel is a deliberate move for cost and also avoiding us driving the competition.
I have now been left without my car for over weeks with no word on parts availability, and BMW have said that they will not release the car back to me without me taking liability for any consequential damage that would result from me driving the car.
The vehicle is on a PCP contract through BMW Financial services, purchased as a Manufacturer Approved Used Vehicle through a main dealer, and was still under extended warranty about 10 months ago.
Financially, I believe that they should be liable to refund me my monthly payment and the equivalent amount of deposit (roughly the same as my monthly).
Now 5 weeks in, I would have paid the equivalent of £730 to drive around in a Kia - What are my legal rights and what if anything am I entitled to?
What I have done so far?
1. Complained to BMW FS - Passed me on to BMW UK
2. Complained to BMW UK - Said that they wouldn't be offering any refunds or compensation and that it was their final decision.
3. Contacted the Financial Ombudsman - Told I need the final decision in writing from BMW
4. Contacted BMW for the decision in writing, they are also going to confirm in writing that they have refused to hand the car back without liability and that the hire car provided is of a lower spec.
Thanks!
I think BMW owners in this position should get together and raise public awareness if they want to use leverage against BMW on this.
However, you have to be reasonable. You have been provided with a hire car. You cannot expect that to be free of charge as you would have had to make payments for it if you had the car and you cannot reasonably expect to have a car for nothing. You could find out how much the car you are driving would cost and try and claim the difference, but I think you would have more leverage if you were leasing rather than purchasing.
At a minimum they should extend your warranty by at least the period of time you are without the car.
You will be relying quite a lot on goodwill rather than legal rights since BMW have provided you with alternative transport.0 -
They will not pay any compensation as they will have to pay it to everyone.
They wont let you drive a fire trap so you will have to wait....maybe push for a nicer hire car or get some free servicing.
When did you buy it, can you reject it?0 -
BadBMWservice wrote: »Smae issue, however they've not particularly given much info and have baited the trolls.
None of the threads deal with it from a PCP contractual rights perspective - I'm wanting to know if I'm wasting my time with the Financial Ombudsman
The problem is that PCP is still a purchase instrument, even if a lot of people don't complete the purchase. I can't help feeling you would have a stronger case had you been leasing on a PCH. You would then not be getting what you are hiring which is a different proposition to a purchase. Why? Because your opportunity to own the product is not affected.0 -
Link Removed
Similar issue.
Same issue, however they've not asked for advice related to a refund on the finance and have baited the trolls.
None of the threads deal with it from a PCP contractual rights perspective - I'm wanting to know if I'm wasting my time with the Financial Ombudsman.
What are BMW FS obligated in their contract and how des that align with the requirement to 'treat customers fairly'?0 -
BadBMWservice wrote: »Same issue, however they've not asked for advice related to a refund on the finance and have baited the trolls.
None of the threads deal with it from a PCP contractual rights perspective - I'm wanting to know if I'm wasting my time with the Financial Ombudsman.
What are BMW FS obligated in their contract and how des that align with the requirement to 'treat customers fairly'?
Why did you not just edit the post rather than delete it and then repost? See my quote of your deleted post above.0 -
Mercdriver wrote: »The problem is that PCP is still a purchase instrument, even if a lot of people don't complete the purchase. I can't help feeling you would have a stronger case had you been leasing on a PCH. You would then not getting what you are hiring which is a different proposition to as purchase.
Sorry, new to the forums so I've had to move/delete/repost my replies to get it working.
I get what you mean about the difference between PCP and PCH, however the end result of the contract remains the same as does the responsibility to maintain the vehicle throughout the agreement, so in my mind they are treated the same.
BMW claim that they are keeping me mobile, clearly out of the belief that that is a legal requirement for them, however I'm sure there's a greater responsibility than that, especially when they accept that they are deliberately placing me into a far lower spec vehicle.
This isn't a case of them trying their best to keep me mobile - This is then fulfilling their duties to what they may see as the minimum requirement, but many owners feel is well below their obligations.0 -
Mercdriver wrote: »Why did you not just edit the post rather than delete it and then repost? See my quote of your deleted post above.
It wouldn't save any of my edits - sorry0 -
BadBMWservice wrote: »Sorry, new to the forums so I've had to move/delete/repost my replies to get it working.
I get what you mean about the difference between PCP and PCH, however the end result of the contract remains the same as does the responsibility to maintain the vehicle throughout the agreement, so in my mind they are treated the same.
BMW claim that they are keeping me mobile, clearly out of the belief that that is a legal requirement for them, however I'm sure there's a greater responsibility than that, especially when they accept that they are deliberately placing me into a far lower spec vehicle.
This isn't a case of them trying their best to keep me mobile - This is then fulfilling their duties to what they may see as the minimum requirement, but many owners feel is well below their obligations.
The difference between Hire and Purchase is important. Just because people treat them the same and think they are the same doesn't mean that they are. They are different products. If you hire one thing and don't get what you hired then they are in breach of contract (provided you haven't signed a contract that gives them the right to supply an inferior item). On the basis of purchase, you are contracting to buy something and they have already supplied you with the item. It's in the past tense rather than ongoing. Hiring is an ongoing service.
You need to read your own contract and see what that states regarding faults and the remedy.0 -
foxy-stoat wrote: »They will not pay any compensation as they will have to pay it to everyone.
They wont let you drive a fire trap so you will have to wait....maybe push for a nicer hire car or get some free servicing.
When did you buy it, can you reject it?
5 months left remaining on my agreement - I don't want to end early as dieselgate has destroyed its value, currently sitting lower valued than the balloon payment so I want to make the most of agreement as I put in £8k up front as deposit. I've lost that regardless, but would rather not lose several months of ownership also.0
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