BMW dealer re­fuses re­jec­tion of faulty car

What Car? - - Advice -

I bought a 2018 BMW 1 Se­ries with 2200 miles on the clock for £22,000 on 31 Au­gust.this was the third car I’d pur­chased from BMW dealer Mar­shall of Bournemouth; in­deed, I’ve spent more than £80,000 there in the past ve years.

To my hor­ror, after just ve days and 93 miles, my new car broke down. It shud­dered, mis red and then lost all power.the oil warn­ing light came on and the on­board com­puter stated there was a prob­lem with the driv­e­train.the car broke down in a dan­ger­ous place, but I man­aged to limp it to a safer po­si­tion be­fore mak­ing a long walk back to a friend’s house.

The fol­low­ing day, I had to col­lect my sis­ter from the rail­way sta­tion 15 miles from my home. It took many hours on the phone and some ex­pense to ar­range a hire car for this pur­pose.

On 6 Septem­ber, my car was re­cov­ered to Mar­shall’s ser­vice and re­pair shop.the fol­low­ing day, a ser­vice agent called to say they had driven it for 60 miles but couldn’t nd any faults, so I could col­lect the car. Since then, the car has con­tin­ued to have spo­radic elec­tri­cal prob­lems, caus­ing me to lose all con dence in it.

Re­li­a­bil­ity and safety are of para­mount im­por­tance to me.this is why I buy new or al­most new ve­hi­cles. I am alone in my car on most jour­neys, so I want to feel safe.

I be­lieve I have the right to re­ject the car in the rst 30 days and get a full re­fund, so I in­formed Mar­shall of this de­ci­sion in writ­ing. How­ever, I was told I couldn’t have a re­fund be­cause noth­ing was wrong with the car – an as­ser­ta­tion that I be­lieve is wrong.

As a ges­ture of good­will, the deal­er­ship has of­fered to ex­change my 1 Se­ries for an­other car. How­ever, it only has one car in stock and ac­cept­ing this would would mean a nan­cial loss for me, be­cause the deal­er­ship has re­fused to re­fund me the price dif­fer­ence.

I be­lieve I have been treated in an ap­palling man­ner by Mar­shall and would be grate­ful for your as­sis­tance in the mat­ter. Julie Clif­ford

WHAT CAR? SAYS…

We told Julie that she was cor­rect about her right to re­ject a car within the first 30 days if it’s faulty or not fit for pur­pose and re­ceive a full re­fund. This is set out in the Con­sumer Rights Act 2015.

The fact that her 1 Se­ries suf­fered a prob­lem that has not been reme­died makes it of un­sat­is­fac­tory qual­ity, and the fact that it ap­pears likely to break down again, pos­si­bly leav­ing Julie stranded on the road alone at night, makes it un­fit for pur­pose.

We ad­vised her to go back to the deal­er­ship and re­it­er­ate this, which she did. How­ever, she con­tacted us later the same day to say that Mar­shall had main­tained that she was wrong about her con­sumer rights and could not re­ject the car.

We then con­tacted BMW’S UK head of­fice to ask it to in­ter­vene, which it duly did. The fol­low­ing day, Julie re­ceived a call from Mar­shall to say it would fully re­im­burse her for the car.

‘The dealer wouldn’t re­fund me, be­cause it said noth­ing was wrong with the car’

1 Se­ries’ driv­e­train went wrong after just 2293 miles

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