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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My Girl friend purchased a 2006 BMW 318i M SPORT estate Oct

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My Girl friend purchased a 2006 BMW 318i M SPORT estate Oct 2015. she paid a dealer£6300 for the car, Reliability being very important to her as she was single, with two children, had Just lost her husband and her son was diagnosed last November with Autism. this was a high price, so she believed she was getting quality.
The day she pick the car up she was told an oil leak had been fix. A couple of days past and Leah could smell burning and had smoke from the exhaust occasionally, she was told by the sale man it was the oil burning off from the leak.
The smell and smoke continued and the garage had the car back on the 3 month warranty and had a 2nd garage repair an oil leak from the rocker cover, a few days after having the car back Leah saw smoke and again smelt burning (these symptoms were not constantly present). again she was told oil was burning off and it would be fine, however it was not and Leah took the car back.
This time the salesman said that the mechanic had not used a BMW part and seemed to have messed up the repair, they took the car in and said the repair would now be done with BMW parts. Leah had the car back but it continued with the same symptoms ... this time the garage decided to change the clutch? At no point has the "smoke from the exhaust been addressed, oil leaks would not cause exhaust fumes and nor would the clutch.
After being replaced, Leah found the same symptoms and contacted the garage again, she was told the clutch was bedding in, with the 3 month warranty nearly up, Leah asked if she was being fobbed off till then, the salesman aggressively defended the garage as reputable. However, I have had a number of new clutches and never had smells or smoke as a result!
Leah at this point had issues with her son, she had the diagnosis of autism, the school her 9 year son was at got in touch and said he had expressed a wish to kidnap the American president (I promise I am not making this up) the School reported to the police and an investigation as to whether he was being prepared for terrorism was instigated, Also Leah had to find her son a new school, all now done and settled but did involve police and psychiatric Consultant interviews
The car however continued with the same symptoms and finally broke down and I suggested Leah spoke to the hotline on her bank account for advice, she did and we took the car to BMW who have stated the rocker cover repair left bolts stript of thier thread, oil was still leaking on to the catalytic converter (highly dangerous) and that the engine is not viable for repair but needs replacement.
I think the garage failed to show the level of diagnostic skill Leah should have expected
I think Leah only had to give one opportunity to repair the oil leak, they had 2 and still failed.
I think the symptom of smoke from the exhaust was deliberately ignored
I think the car fail to be of reasonable quality, It failed in under 12 months and about 7000 miles.
I know normally as we are now at the 12 month period, proof of the fault being there at the point Leah purchased the car is something she has to do, (I believe it unlikely a mechanic from BMW is likely to categorically make that statement to a court??).
Have the garage by action or omission behaved in a way that Leah can get them to repair/replace/reimburse for her car?
We are asking BMW to strip the engine to find the actual cause of the engine failure, if only one fault is found, is that proof that it was there when the car was purchased? (that is, that no other reason for smoke from the exhaust is found).
Kind regards Brian ***@******.***
Submitted: 10 days ago.
Category: Law
Expert:  Ben Jones replied 10 days ago.

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

Customer: replied 10 days ago.
Hello Ben
Expert:  Ben Jones replied 10 days ago.

Based on the experience you have described, following Leah's purchase of this vehicle, what are you ideally hoping for in the event that the BMW confirm that which you feel the garage are responsible for?

Customer: replied 10 days ago.
Leah wants a reliable car, she would accept a reconditioned engine in the car or money back,
Expert:  Ben Jones replied 10 days ago.

OK, thank you for your response. I will review the relevant information and laws and will 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. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 10 days ago.

As she bought the car after 1 October 2015 her rights would be 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. 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 she is too late to reject the goods she 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, she is still entitled to ask for a refund, or a price reduction. Alternatively she could get a second repair or replacement at no extra cost to her. However, the retailer can refuse if they can show that her 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. So if this was to go to court she would have to prove now that these issues were there at time of sale.

As she is outside of the initial 30 days and is too late to reject them, she can still try and resolve this by contacting the seller and asking them for a repair or replacement. She can quote the applicable rights she has 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.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the steps you can follow if you are to take this further formally. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Expert:  Ben Jones replied 9 days ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 8 days ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Customer: replied 7 days ago.
Hi Ben, I have been working away. I have had a quick read and will write to the garage.I think there is something in the consumer rights legislation about the standard of workmanship and competency, would this be applicable in this case?Regards Brian
Expert:  Ben Jones replied 7 days ago.

Hello, when you have entered into a contract for work and materials, where the main focus is labour and skill, the Consumer Rights Act 2015 says that the work must be:

· Carried out with reasonable care and skill (to the same standard as any reasonably competent person in that trade or profession);

· Finished within a reasonable time (unless a specific time has been agreed); and

· Provided at a reasonable price (unless a specific price has been agreed).

In addition, any information said or written is binding where the consumer relies on it. This will include quotations and any promises about timescales or about the results to be achieved.

So yes there is an expectation that work will be completed using reasonable care and skill. Hope this clarifies?

Expert:  Ben Jones replied 6 days ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Customer: replied 5 days ago.
Hello, we are just waiting a reply from BMW..... hopefully we have what we need.
I shall ask if more info is required
Regards Brian
Expert:  Ben Jones replied 5 days ago.

ok thank you, ***** ***** remember to leave your rating in the meantime as I do not credited for any of the time spent assisting you otherwise - you are free to ask follow up questions after tat if necessary. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44932
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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