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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46146
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Purchased a BMW X 5 under a conditional sales agreement.

Customer Question

purchased a BMW X 5 under a conditional sales agreement. Major faults with the car. purchased Feb 16, May 16 the front dif snapped in 2. Supply garage repaired after 6 weeks. Purchased 2nd hand parts to start with. which did not fit. My mechanic at local garage found a BWN diff which supply garage then purchased. Supply garage refused to pay full labour charge I contributed £200.00 to be able to get my car back. At the time I reported oil in the water. Supply garage informed me it was condensation! It was thick black oil. Consequently 3 weeks ago when driving the car engine coolant warning came on, less than 1 mile the car cut out over heated and had to be recovered. Supply garage instructed me to return the car to local mechanic. I told them it needs to go to BMW its a serious problem. They refuse to pay BMW costs now refuse to pay the repair bill of £436.55 as it has not resolved the oil in water problem (replaced oil cooler) and are now wanting to collect vehicle to return to there garage 70 miles away to repair. I have no faith they will repair properly and there is a major fault safety aspect with the car. I have notified the finance company.
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 6 months ago.

Is it possible to see details of the agreement please so that I can advise? Thank you

Customer: replied 6 months ago.
HiDetails of agreement attached.Thanks
Expert:  Ben Jones replied 6 months ago.

Thank you for the attachments; please leave it with me. I am in court today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 6 months ago.
Thank youSharon
Expert:  Ben Jones replied 6 months ago.

No problem at all

Expert:  Ben Jones replied 6 months ago.

Many thanks for your patience. When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Consumer Rights Act 2015. The law states that the goods must be:

· of satisfactory quality – they must not be faulty or damaged when you receive them;

· as described – they must match any description given to you at the time of purchase; and

· fit for purpose – they should be fit for the purpose they are supplied for,

If they do not match the above requirements, you will have certain legal remedies against the seller. If you bought the car on finance the technically the seller is the finance company and it is whom your rights will be against. Your rights will not be against the manufacturer as they will only be responsible if there was a manufacturer’s warranty or guarantee with the goods. Also note that there is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.

If the goods do not meet the criteria mentioned above, you will have the following rights:

1. Reject them and request a refund - this is only possible if the rejection occurs within 30 days of purchase.

2. Ask for a repair or replacement – if you are too late to reject the goods or do not wish to get a refund straight away, you can ask the seller for a repair or replacement. If a repair has been arranged but has failed, or if a repair or replacement are not possible, you are still entitled to ask for a refund, or a price reduction. Alternatively you could get a second repair or replacement at no extra cost to you. However, the retailer can refuse if they can show that your choice is disproportionately expensive compared to the alternative.

A useful rule is that if a fault appears within the first 6 months after purchase, the law assumes that they did not meet the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the fault occurs more than 6 months after purchase, it would be down to the consumer to prove that they did not meet the statutory requirements set out above at the time of sale.

As you are outside of the initial 30 days and are too late to reject them, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable rights you have under the Consumer Rights Act as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you wanted to take this matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46146
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 6 months ago.
HII have left 5 stars and a good review. Thank you .When I purchased the car I requested 6 months warranty and paid additional fee for this of £100.00.I drove the car home and took it to my local garage to give the vehicle a "once over". I have attached the bill for this so show what I paid for.In May driving the vehicle, I came to an abrupt stop. Called recovery. The front diff had snapped. I called the supply garage and told them my recovery would take vehicle to a local garage or my home. I had it took to local garage (happened at night when supply garage closed)The supply garage agreed to replace the diff. They purchased a front and rear diff from a BMW breakers yard. The rear diff did not fit (2" to short").My local garage rang BMW who had a diff for my car in stock being a manual BMW X 5, apparently rare. Quoted £1100.00 for the diff supply only. Local garage informed supply garage. Supply garage purchased BMW diff direct, drove from Derbyshire to collect the 2 incorrect diffs and deliver the new BMW diff to my local garage. Local garage invoice for fitting (also attached) was £570.12 of which the supply garage refused to pay all stating it had cost them over £2500.00 to date to supply diffs (not my fault they purchased the incorrect ones to start with) and insisted I pay £200.00 towards the labour bill.I was without a car for 6 weeks, borrowing vehicles to get my 6 year old to school and back and go to work. Desperate for my car back I paid £200.00 the supply garage paid £370.12.At the same time I told them (May) that there was black oil in the water. They told me it is condensation, car not overheating nothing to worry about. I raised concerns of the head gasket! Told not that I was over reacting.3 weeks ago, vehicle light came on to say check engine coolant. within less than 1 mile (on a duel carriage way looking to park safely) the car over heated, cut out, lost power steering, breaks etc. Managed to get to a safe place. Rang supply garage as I can not put water in the coolant system with 4" of oil in it. Water ran straight through. They instructed me to take car (recovered again on lorry) to local garage to look at it. 2 garages looked at it said it needs to go to BMW for diagnostics at £90.00 + VAT. Informed supply garage and they refuse to allow the car to go to BMW due to their labour costs being around £135.00 + VAT per hour!.Local BWm garage not available until 24th September to look at car.Rang supply garage as local garage can not repair the car. Local garage have replaced coolant hose and clip and replaced engine cooling system (where oil and water travel through) trying to eliminate the cause. Cleared oil out of engine coolant system, re filled with ant freeze, within 10 minutes 4" black oil in water again. Rang me unable to repair.Called supply garage. They now refuse to pay the local garage £436.5 stating they instructed to take car there to look at not to fix it and that local garage does not know what he is doing. He is not a BMW specialist which I stated to supply garage all along.Supply garage now want my address to arrange collection of the car and bring me a courtesy car. My concern being they are not going to solve the vehicle problem and return the car with faults outside my 6 months warranty!.I preferred solution having lost all faith in the supply garage and the car having a 6 year old child I feel the car is unsafe and the garage are "fobbing" me off.Do I allow them to take the car to fix it. Having been 6 weeks already with no car and now 3 weeks again with a further wait for further repairs?Where do I standAttached
Bill from 26 - 06 - 16 Diff repair works
Bill from 19-02-16 - Check on car when first purchased
Bill from 08-09-16 Bill from recent oil in water problem.
Bill for the purchase of the car Feb 16Please advise if I need to pay further money to you for further assistance.(Bill files will not attach to this message?)Kind regards
Sharon
Expert:  Ben Jones replied 6 months ago.

Thank you. If you can allow them to try and repair and get a courtesy car in the meantime it may be the best option. Ultimately you would be looking at compensation for any further repairs or diminution in the value of the car.

If you have to take this further, when a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

Customer: replied 6 months ago.
Thank you for your advice.They are looking to drive to me and deliver me a courtesy car and take my car away.I did ring the finance company as in my mind until I have paid for the monthly fees in full, the car is theirs. They are opening a complaint on the car and looking into it.I rang citizens advice, they said the supply garage has a right to repair the vehicle or replace it with one of a similar type / value.I will wait for the garage to collect it, repair it and go from there and probably look to settle the finance in full and trade it in for a another car.Kind regards
Sharon
Expert:  Ben Jones replied 6 months ago.

Sounds like a sensible plan. You should give them the chance to try and repair it but after two repairs I would say that ou should consider pushing for a replacement instead. And remember that the seller is the finance company so officially it is them you have to pursue, not the dealer.

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