Bmw Recalled for 5 weeks - What are my rights?
Comments
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Mercdriver wrote: »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.
I've purchased a product that they have said I can't use due to safety concerns. Regardless of leased or not, you would expect a refund if you are still paying the monthly payments for a item removed from your possession.
If you stop paying they are entitled to repossess the vehicle - If they repossess the vehicle due to safety concerns I should be entitled to stop paying for the duration.0 -
I’m no expert on this, so just an opinion.
Your beef is with bmw, the car manufacturer. You bought this car from them.
You chose to finance that car by borrowing money from a ‘third party’ so that third party has done no wrong...therefore not paying them or getting a refund is not their business is it?
Wouldn’t it still be the case you’d owe the finance company the same amount at the end?
Your claim surely is that bmw the manufacturer is depriving you of an asset for a period of time. Therefore it’s a civil between you and them?
From bmw’s Perspective, they have recallled a car (for your benefit) and will carry the cost of that (car hire) till they are satisfied....
So in answer to your question, what are you entitled to? Not sure, but isn’t the best outcome that you tell them the matter is put to bed when they provide you with a car if equal price?
Note: just because it’s a Kia does not mean it isn’t equal. You have said it was a used car, if a used bmw 640 is worth say, 20k??? (Dunno) you should be happy with a 20k alternative. I.e 6month old Vauxhall Astra. (Or whatever)0 -
BadBMWservice wrote: »I've purchased a product that they have said I can't use due to safety concerns. Regardless of leased or not, you would expect a refund if you are still paying the monthly payments for a item removed from your possession.
If you stop paying they are entitled to repossess the vehicle - If they repossess the vehicle due to safety concerns I should be entitled to stop paying for the duration.
No. Not as simple as that. You have contracted to buy the car with finance that defers part of the payment. Your payments are to finance the purchase not to use the car. This is where leasing is different. So therefore your rights under the finance agreement are not affected.
Although the car isn't the spec of the car you purchased, you are still being supplied with something. You cannot expect to get that free of charge and a court would find you being unreasonable to expect to not pay for a purchase especially when they have supplied with something of serviceable quality.
Had you been hiring a BMW and they gave you a Kia then you would have a stronger argument. Yes you purchased a BMW but that is what they supplied to you, but have it for repair and are supplying you with something of merchantable quality.
I'd not waste your time and energy on legal aspects which would drag on and concentrate on what you can do to get some leverage on BMW by getting together with other affected parties and taking it to a consumers show or paper.0 -
Find out whether you've paid 50% or more of the total amount payable, as specified in your agreement. If you are in this position then you can simply VT the contract and walk away.BadBMWservice wrote: »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 -
The finance company are equally liable if a breach of contract has occurred.Dean000000 wrote: »I’m no expert on this, so just an opinion.
Your beef is with bmw, the car manufacturer. You bought this car from them.
You chose to finance that car by borrowing money from a ‘third party’ so that third party has done no wrong...therefore not paying them or getting a refund is not their business is it?
Wouldn’t it still be the case you’d owe the finance company the same amount at the end?
Your claim surely is that bmw the manufacturer is depriving you of an asset for a period of time. Therefore it’s a civil between you and them?
From bmw’s Perspective, they have recallled a car (for your benefit) and will carry the cost of that (car hire) till they are satisfied....
So in answer to your question, what are you entitled to? Not sure, but isn’t the best outcome that you tell them the matter is put to bed when they provide you with a car if equal price?
Note: just because it’s a Kia does not mean it isn’t equal. You have said it was a used car, if a used bmw 640 is worth say, 20k??? (Dunno) you should be happy with a 20k alternative. I.e 6month old Vauxhall Astra. (Or whatever)0 -
Dean000000 wrote: »Not sure, but isn’t the best outcome that you tell them the matter is put to bed when they provide you with a car if equal price?
Note: just because it’s a Kia does not mean it isn’t equal. You have said it was a used car, if a used bmw 640 is worth say, 20k??? (Dunno) you should be happy with a 20k alternative. I.e 6month old Vauxhall Astra. (Or whatever)
It doesn't quite work like that - The car in terms of spec, comfort and performance, reflects the list price of the vehicle which was £75k.
Regardless of what the vehicle (14 plate) is worth, whether they've provided a fair courtesy car comes down to the features and performance, not market value.0 -
The finance company are equally liable if a breach of contract has occurred.
Thank you. Every day is a leaning day. (Genuinely no sarcasm)
Crux of my point was value of car is x, so replacement is x too.
X may equal 20k, 30k or 40k
X may therefore equal new Kia, 5yr old bmw or somewhere in between.
Because it is a Kia doesn’t mean it isn’t equal in value.0 -
BadBMWservice wrote: »It doesn't quite work like that - The car in terms of spec, comfort and performance, reflects the list price of the vehicle which was £75k.
Regardless of what the vehicle (14 plate) is worth, whether they've provided a fair courtesy car comes down to the features and performance, not market value.
Looks to be worth around 20k
And you want it replaced with what?0 -
Mercdriver wrote: »No. Not as simple as that. You have contracted to buy the car with finance that defers part of the payment. Your payments are to finance the purchase not to use the car. This is where leasing is different. So therefore your rights under the finance agreement are not affected.
Although the car isn't the spec of the car you purchased, you are still being supplied with something. You cannot expect to get that free of charge and a court would find you being unreasonable to expect to not pay for a purchase especially when they have supplied with something of serviceable quality.
Had you been hiring a BMW and they gave you a Kia then you would have a stronger argument. Yes you purchased a BMW but that is what they supplied to you, but have it for repair and are supplying you with something of merchantable quality.
I'd not waste your time and energy on legal aspects which would drag on and concentrate on what you can do to get some leverage on BMW by getting together with other affected parties and taking it to a consumers show or paper.
It's not as simple as you like to make it.
There's a two way agreement that involves me sticking to a mileage limit and servicing the car through approved garages - This isn't a simple loan split over 36 months on an asset, there's a greater requirement on both sides contractually.
They still have a duty contractually that excluding wear and tear and age, they are still liable to look after me as a customer throughout the agreement. I'm also required to comply with recalls which as a result of complying with the terms of their contract (to protect the value of the asset), means I'm left without the vehicle.0 -
You still don't get it. They are under no legal obligation to provide a like-for-like (or even "fair") vehicle, more so you are under a legal obligation to mitigate your losses. There's nothing wrong with the car you've been given.BadBMWservice wrote: »It doesn't quite work like that - The car in terms of spec, comfort and performance, reflects the list price of the vehicle which was £75k.
Regardless of what the vehicle (14 plate) is worth, whether they've provided a fair courtesy car comes down to the features and performance, not market value.0
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