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No second opinion.
they replaced the engine which only had 5,600 miles on!
And is this exactly the same problem?
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.
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.
Once you have the report you will know whether it is a fault or a design feature.
If it is a design feature, then sadly any claim would end.
If it is a fault then you can ask them to fix it.
If they dont you can get a quote for fixing it, which forms your loss
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?
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?
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?
prior to the new engine being fitted...would I then have been entitled to exchange it?