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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I bought a new BMW and shortly before its 3 year warranty ran

Resolved Question:

I bought a new BMW and shortly before its 3 year warranty ran out ( having done 5,600 miles) it developed a vibration, BMW decided after a month to replace the engine. I have the car back but the problem is still there. what are my rights please?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether you have had a second opinion on the car?
Customer:

No second opinion.

Alex Watts : Ok. Did they attempt a repair?
Customer:

they replaced the engine which only had 5,600 miles on!

Alex Watts :

And is this exactly the same problem?

Customer:

yes there is still a vibration on the car when driving and when the revs go down to 1500.They are now telling me it is a characteristic of these new engines.

Alex Watts :

Ok - what you need to go is get a second opinion of mechanic engineer to look at it for you. Ideally a Court approved one, in case this matter goes to Court.

Alex Watts :

Once you have the report you will know whether it is a fault or a design feature.

Alex Watts :

If it is a design feature, then sadly any claim would end.

Alex Watts :

If it is a fault then you can ask them to fix it.

Alex Watts :

If they dont you can get a quote for fixing it, which forms your loss

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.



Can I clarify anything for you about this today please?

Customer:

regarding "if it is a design feature". When I bought my car having ordered it to spec, it did not have this vibration. Then it developed it and BMW had seen this problem only once before but in my case it was worse. They had previously replaced the other cars engine so they decided to do the same with my car. However the problem is still there. NOW they are saying it is a characteristic of the engine. In which case why was it never there before the 5,600 miles driven and why did they replace the engine?

Alex Watts : Ok then this would seem to indicate there is a fault. So the engineer report should pick up on thai.
Alex Watts : this
Alex Watts : Does that help?
Customer:

if that is the case, what are my rights please? I do not feel that I should now have a car that is not as it was when I had it made to spec. The drive is different, not as smooth as it was?

Alex Watts : You can't it exhange or your money back, you accepted a repair and therefore in law sadly you are entitled only to a further repair.
Alex Watts : Does that help?
Customer:

prior to the new engine being fitted...would I then have been entitled to exchange it?

Alex Watts : More of a chance, but again you need to show that the car was about to fall apart. It needs to be that faulty it is not rowd worthy.
Alex Watts : Does that help?
Customer:

thanks.

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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