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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1244
Experience:  Solicitor
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I had recently collected a new car from BMW dealership after

Customer Question

Hi I had recently collected a new car from BMW dealership after them building it to specifications.
They missed an important specification off the list which was noticed within hours of collecting despite the sales agent saying it was on and emails back and forth requesting this option which was a vital reason of needing the car without it , the car is of no use for work related commuting. The response from the sales agent was he assumed a code on the order form referenced that said option my response was I don't work there so if he doesn't know what the codes mean how am I supposed to know if he didn't call to clarify anything and proved difficult to get a hold of. It was the second time he messed up the order the first being a complete diffeeent model to what requested via emails and in store and when I say I am bringing it back in to be rectified due to it being their error their response via email is I can bring back only once the finance is paid off.
Am I entitled to return this car if it isn't right within 30 days ? It has now only been 3 and they won't return my calls or emails. Which is a Appauling for such a big company. I contacted a manager forwarded him the emails of me requesting what I needed and the emails from the sales agent confirming it was added on to them emailing me blaming it as my error for failing to notice it on the order form.
My response to that was I assumed it was under the code generated for extendable storage , his response he assumed that also. If he thought that code meant the option I had requested and never made any effort to double check within his own company or even call me to clarify how can they blame me for not knowing Conpany generated codes within their own business.
Basically the option was fold down rear seats which is vital for bag storage for long commutes with work. Without that the car is nothing but an expensive ornament. And was the main thing I requested over and over within emails to them.
Can somebody please advice where I stand with handing this car back to them despite their blunt response if I cannot.
Many thanks
Submitted: 7 days ago.
Category: Law
Expert:  Jamie-Law replied 7 days ago.

Hello my name is ***** ***** I will help you.

What is it you want to achieve please? To hand it back?

Customer: replied 7 days ago.
Hi yes basically to hand it back and to still purchase the car I had asked for.
They are ignoring me because they know it would require a whole new re build of a new car as it cannot be retro fit.
does my consumer rights that was updated with car purchases cover for such a purchase to hand it back, I'm not even asking them for my deposit back I just wish for them to go away and give me a car I asked for.
Expert:  Jamie-Law replied 7 days ago.

You need to write and set out your losses and request a refund or the correct car within 14 days or say 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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?

Customer: replied 7 days ago.
Hi I have tried that via emails
And calls , thy don't return calls neither respond back to my emails.
Should I just take the car In and
Demand my deposit back instead ?
Thanks
Expert:  Jamie-Law replied 7 days ago.

Yes you can try that, does that clarify?

Customer: replied 7 days ago.
I was more hoping to clarify the consumer rights act please , I read that it entitles you to 30 days to return your vehicle , but says a lot Regarding faults , is building it incorrectly to my request classed as a fault ?
If so then I should be covered under the consumer rights act which would be a more valid reason to proceed to a court if needed to do so which I'm really hoping now.
Expert:  Jamie-Law replied 7 days ago.

Under the consumer rights act goods must be fit for purpose, as described and of suitable quality.

Clearly the build is wrong here and you can reject it. Technically this should be within 30 days but you have six years to bring a claim under the limitation act 1980

Does that clarify?

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