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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought a Mini One BMW date registered 04/06/2008 second hand

Customer Question

I bought a Mini One BMW date registered 04/06/2008 second hand from Canterbury Motoring World on 07/07/2012. Mileage 40,160.Reg No HN08MFE. The car came with a 3/12 warranty. Price £6,994.00.

Vehicle booked in for 01/09/2012 due to noise from engine with Canter bury Motoring World who reported from Mini that this was a Characteristic of the vehicle and all Minis between 09/06 to 09/10 will make this noise.

Warning light appeared on dashboard showing yellow which indicated full engine power is no longer available. l booked the car into Vines of Redhill BMW Mini Service for a service due to warning light on the 30/01/2013. Cost £319.92.

Light came back on just before MOT service so booked into Vines Garage again on 22/06/2012 and was advice to take out a TLCXL PACK COST £275.00 covers 80,000 miles or anther 3yrs whichever comes 1st.

Warning light came back on 09/09/2013 so phoned Vines Garage unable to book car in that week so took to another garage Medvale garage who stated that they were not prepared to correct fault as out of their remit as showing engine problems which indicated may need a new engine.
Suggested l took it back to Vines Garage or to another garage that may be able to assess and diagnose the problem with the cars engine.
Phoned this garage AVC and they confirmed they would be able to diagnose problem for £60.00 + VAT.

l phoned Vines BMW Mini Service to ask how much would it cost to diagnose the problem again who stated they could do it for £90.00 including VAT although this may cost more than what he just quoated if my car turned out to be an extreme case in which case he could not confirm how much more stating "How long is a piece of string".

l have arranged for the AVC garage to diagnose the problem with my car.

My question is this car has only done 47,000 miles and has always had regular services with a TLCXL service pack and serviced with BMW mini services, should this need a new engine costing in the range of £5,000 can l hold BMW responsible for putting in what must be a dodgy faulty engine.
Many regards Brenda.
Submitted: 4 years ago.
Category: Law
Ash
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : Just to confirm the car is now out of warranty please?
JACUSTOMER-kj1xif3k- :

Yeas it is now out of warranty

Alex Watts : Have you spoke with BMW yet about this directly?
JACUSTOMER-kj1xif3k- :

No, l wanted some advice before talking to them

Alex Watts : Ok. It's bad news from my front I am sorry to say. If your car is used then your rights are somewhat limited, rather than if it had been new, as such you can only rely on any warranty that you have. As your warranty has now expired you would not have a y claim against the dealer, because of the above. Saying that I would speak with BMW, they are quite customer service focused and you can explain it had always been serviced by them. They may offer you a contribution towards the cost but if I am being honest you can not seek to rely on that and it is a commercial decision for them.
Alex Watts : I am sorry that this may not be the answer you want and certainly not the one I want to give you but I have a duty to be honest.
Alex Watts : Given that it is second hand and out of warranty any rights you have are more limited than if it was new.
Alex Watts : Can I clarify anything about this for you today please? Alex
JACUSTOMER-kj1xif3k- :

So what about fair trading standards

Alex Watts : You can contact them but I fear they will will tell you same sadly.
JACUSTOMER-kj1xif3k- :

Do you have their number

Alex Watts : 08454 04 05 06
Alex Watts : Its consumer direct now, d
Alex Watts : all centralised.
Alex Watts : Unless I can assist further please be kind enough to rate my service which I hope has been excellent. If you need more help please click reply. Remember it's my service you are rating not whether or not it is the answer you want.
JACUSTOMER-kj1xif3k- :

l appreciate your honesty, don't worry.

Alex Watts : All the best Brenda I am hopeful BMW may assist.
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Expert:  Ash replied 4 years ago.
If this answers your question, please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex
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