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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear Sirs, I have a problem with a vehicle. I have asked the

Resolved Question:

Dear Sirs, I have a problem with a vehicle. I have asked the Main Dealer and then the OEM for help and have been refused/fobbed-off with a weak excuse. I have sought 'legal' advice from a law company online who advised that if I pursue any litigation I would have to pay costs but I would not be able to recover any costs if a court decides in my favour.
Can you please advise?
Kindest regards,
Graham
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Graham my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know the value of the claim?

Customer:

The vehicle cost £13500 new in Jan 2011 from BMW. This was discounted from £15000 as the model was upgraded the same year. So the bike is a higher than 'normal' value motorcycle.

Customer:

When I asked the 1st dealer for help the guy at the counter said BMW will not pay for a repair. As they replace the engine at about £5000+. It really only needs repainted but BMW probably pile the cost to warranty/breakdown insurance so don't see the cost of repair.

Customer:

I know the fault is due to a poor manufacturing process and not, as BMW say, 'due to me using the wrong cleaner'. The part affected is never washed as it is completely covered by fairings. I use the same cleaners on the other bike I own with no 'harm'. I wrote to the cleaner manufacturers (Turtle Wax, Autoglym and Muck-Off) who advised that their products will not harm paint as they are pH neutral. I have asked for help from another company who said I would have to pay my costs win or lose. I don't see the point of litigation then and if so BMW et al can sit firm on their bottoms and do nothing to sort their defective products. I can send all of this 'evidence' for your perusal if required.

Customer:

I don't want to pay £5000 for BMW to fix their faults.

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:

Thanks alex, I will write to BMW Finance (who I bought the bike through) and make a claim. I will then see what they propose to do about it. They keep sending me mailshots to buy another BMW bike from them. :)

Alex Watts :

Indeed. Can I clarify anything else for you today Graham?

Ash and other Law Specialists are ready to help you