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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a 2011 BMW 520d, which has had it's timing

Resolved Question:

Hello
I have a 2011 BMW 520d, which has had it's timing chain fail - this seems to be a not uncommon issue (https://www.facebook.com/BMW-Problem-Timing-Chain-293617047394760/). I spoke to BMW last week explaining the issue and they said there was nothing they could specifically do for me.
The facts are:
- Bought the car second hand from BMW dealer in 2013
- Car has done 87000 miles
- Has a full service history, with last service not being from BMW but a specialist in german cars
- Timing chains are supposed to be for the lifetime of the car
- Currently the car is being repaired via the specialist
Any advice?
Thanks
Andrew
-
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name s Alex and I will help you.
Is it under warranty please?
Customer: replied 1 year ago.
No it is out of warranty
Expert:  Ash replied 1 year ago.
Its bad news I am afraid. If the car was in warranty you would be ok. But you have no claim against the dealer as this is out of warranty. You have no direct claim against BMW because you dont have a contract with them.
However I can outline the process of bringing a Court action if that assists?
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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
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