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  • FIRST POST
    • Elle1980
    • By Elle1980 8th Mar 18, 9:57 PM
    • 2Posts
    • 0Thanks
    Elle1980
    Refund rights on a used car from a dealer
    • #1
    • 8th Mar 18, 9:57 PM
    Refund rights on a used car from a dealer 8th Mar 18 at 9:57 PM
    Evening all! Hoping someone will be able to help...

    I bought a car (BMW 1 Series Coupe, 2011-12, diesel) on the 13th January 2018 from a car dealer in Surrey. 21 days later, the car broke down on the motorway and I was told by Green Flag that the 'engine had gone'. In fact, he said that the 'turbo is leaking'. I then had a diagnostic test performed by my mechanic who also confirmed this and said it was a 'bad Turbo leak' and that the car was unsafe to drive.

    I contacted the car company the same day that I was being towed back to my address and from since then I have not found them to be very helpful. First they told me to take it to a VAT registered garage to have the diagnostic testing done (which was done) and now they are saying that I have to take it to a BMW dealer instead(?).

    I know under the Consumer Rights Act 2015, that as the fault developed within 30 days of purchase, I am either entitled to a full refund or the chance to have it repaired. I do not want a repair as my mechanic also pointed out that there are other faults with the car that will cause me issues in the future.

    I am trying to find out if anyone else has had a simialr experience. I paid 5k for a car that basically blew up in under 1 month. The most miles I had ever done in this car was approximately 300 miles,

    Hoping someone out there can help
Page 1
    • motorguy
    • By motorguy 9th Mar 18, 9:13 AM
    • 16,617 Posts
    • 9,804 Thanks
    motorguy
    • #2
    • 9th Mar 18, 9:13 AM
    • #2
    • 9th Mar 18, 9:13 AM
    Where has the car been since the start of February when this happened?
    "We have normality. I repeat, we have normality. Anything you still can't cope with is therefore your own problem."
    • neilmcl
    • By neilmcl 9th Mar 18, 9:46 AM
    • 10,961 Posts
    • 7,777 Thanks
    neilmcl
    • #3
    • 9th Mar 18, 9:46 AM
    • #3
    • 9th Mar 18, 9:46 AM
    Be aware it's not an automatic right of a refund. The law states that you do indeed have the short-term right to reject within 30 days however the onus is on you to prove the fault existed at the time of purchase. It's a 6/7 year old, diesel car with presumably a healthy number of miles under it's belt, things will inevitably fail due to age and wear.
    • Comms69
    • By Comms69 9th Mar 18, 11:45 AM
    • 2,970 Posts
    • 2,938 Thanks
    Comms69
    • #4
    • 9th Mar 18, 11:45 AM
    • #4
    • 9th Mar 18, 11:45 AM
    What you should've done is parted with possession. Had it returned to the dealer that day.
    • Tarambor
    • By Tarambor 9th Mar 18, 2:33 PM
    • 2,855 Posts
    • 2,064 Thanks
    Tarambor
    • #5
    • 9th Mar 18, 2:33 PM
    • #5
    • 9th Mar 18, 2:33 PM
    It's a 6/7 year old, diesel car with presumably a healthy number of miles under it's belt, things will inevitably fail due to age and wear.
    Originally posted by neilmcl
    But not a turbo.
    • Elle1980
    • By Elle1980 9th Mar 18, 5:42 PM
    • 2 Posts
    • 0 Thanks
    Elle1980
    • #6
    • 9th Mar 18, 5:42 PM
    • #6
    • 9th Mar 18, 5:42 PM
    @Tarabor I agree the things can go wrong with the car, i.e minor faults due to its age, etc but this is a major fault that occurred within 21 days - it just doesnt sound right to me?

    @Comms69 I would have taken it back same day but unfortuantely it was a Sunday and I brokedown on the motorway near Birmingham! By the time, I got back to London, the dealer was closed

    @motorguy The car has been sitting at my mechanics for the past 5 weeks.. will be taking it back to the dealer once the 2nd diagnostic test has been completed. My mechanic advised me today that the BMW diagonistic will no doubt show the exact same errors as he has found so I believe the dealers are now using delaying tactics
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