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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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There, the timing chain on my BMW 1 series (out of warranty,

Customer Question

Hi there, the timing chain on my BMW 1 series (out of warranty, 4 years old) has gone. The car was bought second hand, from an auction house.
This is a well-known problem with the N47 engine - there was even a piece on BBC watchdog about it -
http://www.bbc.co.uk/programmes/articles/23p5j5wzPtYflS7kFvmKVZf/bmw-deny-engine-failures-are-due-to-manufacturing-fault
which is always failing regardless of driving type or habit; a US class action lawsuit resulted in BMW losing hundreds of thousands to complainants.
BMW initially told me it would cost £6,000. The car has been with a BMW dealership to do the diagnosis and they have been afforded every chance to fix the car to this point. They then reconsidered their decision when I threatened them with court, and agreed to pay 75% of the £6,000 out of 'goodwill', as the car had a full service history
I am of the opinion that the faulty engine is their fault, as it is a manufacturing flaw. It is however complicated by the fact that the car was bought from a retailer second hand.
They have offered to pay the 75% out of what they call 'goodwill', but to my mind they are 100% at fault as the engine is a result of their shoddy, not-fit-for-purpose manufacturing.
a) should I take this to court? or take the 75% offer?
b) would I win in court? if i went - should I take both the dealership and BMW to court, are they jointly and severally liable?
c)What legislation would I be relying on?
d) If i pay the 25% in order to get my car back on the road, can I then take BMW to court for the remaining monies?
e) is their offer to pay 75% tantamount to an admission on their part? would it be considered as such by a court?
f) If i were to win in court, could I claim for the hire car I've had to use for two weeks? I've incurred costs of £300.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
a) should I take this to court? or take the 75% offer?
The problem is you have brought a second hand car and have no contract direct with BMW. Its going to be hard to sue BMW when you have no contract with them. In that case I would accept the 75%.
b) would I win in court? if i went - should I take both the dealership and BMW to court, are they jointly and severally liable?
No., You have no contract with BMW, they are not liable to you in any way. You can only sue the place you purchased it from
c)What legislation would I be relying on?
Sale of Goods Act.
d) If i pay the 25% in order to get my car back on the road, can I then take BMW to court for the remaining monies?
You can but see above
e) is their offer to pay 75% tantamount to an admission on their part? would it be considered as such by a court?
No. You wont be able to use the 75% in Court.
f) If i were to win in court, could I claim for the hire car I've had to use for two weeks? I've incurred costs of £300.
Only if they knew about it at the point of which the point developed and you told them.
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.
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