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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 71421
Experience:  Qualified Solicitor
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Have a dispute with a BMW franchise dealer who carried out

Customer Question

Hi have a dispute with a BMW franchise dealer who carried out some warranty work last January 2020. The car has been in 18 times in the last 9 months where they have had 3 attempts to rectify the situation. The first attempt failed after 7 days.
JA: Because consumer protection law varies from place to place, can you tell me where this is?
Customer: Each time the car has gone in, it has been retruned with more damage, so much so it has had to have the roof painted
JA: What steps have you taken so far?
Customer: now none of the interior trim fit correctly and in many cases the clips that hold the trim in place have not been used to replace the trim, further more there is fresh damage to the leather seats, the car is a 3 year old BMW X5
JA: Anything else you want the Lawyer to know before I connect you?
Customer: they have offered the following options to remedy the situation.
Submitted: 22 days ago.
Category: Law
Expert:  Ben Jones replied 22 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 22 days ago.

Hi there. I am sorry to learn of the situation you are in. When did you buy the car? and how long after this did it first present you with an issue? Also, what are you ideally hoping for, given the circumstances, so that I can best advise?

Customer: replied 22 days ago.
Car purchased from Lloyd BMW Blackpool Nov 2017 for £52000.Fault occurred with Sat Nav January 2020.Since then the following has happened in trying to resolve the matter.1. 16.1.2020 – First report of sat nav issue – told it needed a new part on order from Germany ..lead time 10 days.
2. 6.2.2020 - Call from Williams BMW to arrange fitment of part.
3. 17.2.2020 – Brought car in for part to be fitted … car needed for 2 days. Could not use courtesy car for business so had to cancel and rearrange.
4. 3.3.2020 – Car taken in ...Germany require more pictures to support warranty claim…why?...thought you already had the part in and it just needed fitting as per above.
5. 4.3.2020 – Germany not happy with the pictures submitted so need more better quality ones.
6. 7.3.2020 – was give X5 back as I needed it to attend a family funeral in Devon.
7. 19.3.2020 – Car taken back into Williams for a couple of days….COVID struck and car was delivered back to me.
8. 10.6.2020 – X5 taken back in for a couple of days.
9. 16.6.2020 – Told X5 is ready for collection with part fitted.
10. 6.7.2020 – Part Failed - SOS error warning investigation at Williams BMW Bolton
11. 13.7.2020 – TGB port gone again – water damage from previous installation….new part ordered again.
12. 23.7.2020 – Call from Williams to advise that new part is in.
13. 3.8.2020 – X5 taken to in to have new part fitted. (Courtesy car interior used face mask found in passenger door sill and set of door keys in rear footwell….car was taken back and valeted)
14. 12.8.2020 – X5 ready for collection – rejected very poor repair to fin – now needs the roof painting to correct
15. 18.9.2020 – Car rejected poor trim refit.
16. 21.9.2020 – Got car back
17. 6.10.2020 – Add blu issue and fuel range indicator investigated – Poor trim fit and damage reported above
18. 15.10.2020 - Due in
Expert:  Ben Jones replied 22 days ago.

Thank you, ***** ***** are you ideally hoping for so that I can best advise?

Expert:  Ben Jones replied 22 days ago.

Hello, I was wondering if you have had a chance to consider my query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.

Expert:  Ben Jones replied 22 days ago.

Without the requested information, I can only provide you with the following general response, which will hopefully still answer your query. First of all, I am sorry to hear about the issues you have experienced in your situation.

When a consumer enters into a contract for services, the Consumer Rights Act 2015 says that such services 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 frame has been agreed)

In addition, any information exchanged in communications between the parties, whether written or verbal, is binding if the consumer relies on it to proceed with the services in question. If there are problems and the trader cannot satisfy the above criteria, which are legally expected of them, the consumer will have certain rights

In the event of substandard work, the trader should either redo the parts of the work which are inadequate or perform the whole service again at no extra cost to the customer. This must be done within a reasonable time and without causing significant inconvenience. If this is not possible, the consumer can claim a price reduction, based on the severity of the issues. That is something which should be negotiated between the two parties. However, if the trader refuses to resolve the issues, the consumer can consider getting someone else to do this and either deduct these costs from the balance that is still owed to the original trader, or pursue them for any extra costs that have been incurred as a result.

In order to resolve any problems that have arisen, it is generally recommended that the following steps are followed:

1. Collect all documents relating to the work (e.g. quote, contract, correspondence, etc.).

2. Contact the trader and explain your problem. Ask them to resolve any issues and set a reasonable time limit for them to respond (7 days is acceptable).

3. If the matter is still not resolved, write to the trader repeating your complaint and how you would like them to resolve the issues. Say you are giving them a final time limit of 7 days to resolve the problem or you will have to consider taking legal proceedings to recover your losses and any additional costs. This is also known as a ‘letter before action’ and there are plenty of templates if you do an online search for one.

4. If the trader fails to respond or refuses to resolve the problem, you could consider taking legal action by seeking compensation. Remember that court is a last resort, however threatening it can be a good negotiating tool because it shows you are serious about resolving this and may prompt the trader to reconsider their position.

5. Finally, make sure that you keep copies of all correspondence, in case it is needed in the claims process.

If you wish to take the matter further and issue legal proceedings, assuming you will just be claiming financial compensation, you may pursue your claim via the County Court’s online portal at https://www.moneyclaim.gov.uk/web/mcol/welcome

You may also wish to consider reporting them to Trading Standards, which you can do via the following link: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Expert:  Ben Jones replied 22 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.