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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice
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I Purchased a vehicle from BMW dealer , 2010 plate ,on the

Customer Question

I Purchased a vehicle from BMW dealer , 2010 plate ,on the 15-10-2013 with a one year warrantee . 5 days later I started noticing a loud mechanical noise from the gear box when you change gears. I took it back and it has pretty much been with them since. We tested my car with another vehicle when I got to the dealership , same model but older 2008) and there was no noise at all. They replaced some rubbers , noise still there, put in a new gear box, and then a crank shaft but problem was still there. It was too much for me so I phoned and asked them for a replacement vehicle as clearly the car is not fit for purpose and then I had a phone call from the dealer today saying that BMW says the mechanical noise from the car is normal and there is nothing else they can do . I just don't know what step I should take next to get a replacement vehicle or my money back. Can you advise me on that please ?

Many Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

ARe they willing to offer a replacement? What are they offering please?
Customer: replied 3 years ago.

No they are not willing to offer a replacement. What they said to me today after going through all the trouble is that BMW says the noise is " normal" and there is nothing else they could do and can not give me a replacement vehicle or a refund

Expert:  Jo C. replied 3 years ago.
Thank you.

Whatever your warranty does or does not say you do still have rights under the sale of goods act from which they cannot escape.

To access those remedies though you do need to prove that the fault is significant. I note that they seem to be saying here that it is not as they say this is normal noise. That's not to say that you cannot succeed but just that it is something that needs to be overcome.

You do have rights to reject any vehicle with a fault that would offend if you have not already accepted it. I think given the recent purchase and complaints the they could not argue that you had accepted it but is they will be arguing that the fault does not amount to a fault under the sale of goods act.

Failing your rights to reject though you can also ask for an exchange or repair. You still need to get over the hurdle of proving that faults exists.

If they will not negotiate on this point though you are left with the option of suing. There is no other means of enforcing this unless you complain to trading standards and they can be a fairly toothless animal.

It is just that you have to to get any work done elsewhere then that is likely to be Small Claims Court sum and so it will be quick and cheap to issue against them and it's not really very likely that they would contest your claim because it is not worth the manpower.

It might be worth sending them a letter before action making clear that if they do not pay or resolve this otherwise within 28 days then you will sue. It only costs a stamp to do that and it is often very effective.

Can I clarify anything for you?

Customer: replied 3 years ago.

Thank you Jo,

How do I go about proving that the fault is significant ? First the noise is so loud I do not feel comfortable driving it thinking something my break on the way. Myself and one of the service managers tested my car against one they had for service . Also i was thinking they must have known it was faulty or at least a problem significant enough to order a new gear box, and then a new crank shaft for replacement. And because it is covered by warrantee the dealer ( sytner) had to demonstrate and prove to BMW that the gear box was faulty and actually needed replacement before they authorised it. That is what i was told by the service manager . Is this not proof enough or perhaps i should take the car to an independent service for their diagnostic.?


Another thing is that the car is still with them and i have told them i do not want that car as it is not fit for purpose . Would it not be silly on my part if i went in and picked it up ?



Expert:  Jo C. replied 3 years ago.
A diagnostic is ideal. The problem is that it racks up cost and you cannot reclaim it at the small claims court.

It is always difficult when they have a vehicle. You can always collect it under protest I suppose. Alternatively you could try negotiating now as they will not want it on their property either as it means they cannot take in others.
Jo C., Barrister
Category: Law
Satisfied Customers: 69367
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

I will negotiate again with on Monday and if that fails I will send them a letter with an intention to sue. Am not too sure to pick up my car or just leave with them until this is settled ?


I have copies of all the job raised on the vehicle since I purchased it plus a detailed diary of everything that has been happening including telephone conversations ( not recorded) and my visits to the dealership.


Am really saddened that I have to go through this with BMW and quite honestly the experience of driving that car has been washed away. Come to think of it I have only had the car for 5 days from the date of purchase and its has been with them trying to service the same problem ever since.


Thank you Jo and have a nice day

Expert:  Jo C. replied 3 years ago.
Talk to them first and see what can be agreed.

I think in the end though you will have to collect. Apart from anything else you can't do a diagnostic if they have the car.

It might well be that this all dissipates into a settlement. They are not going to want to contest this at court.

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