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11 Days in Workshop - I want a refund
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03-30-2006, 03:44 AM | #1 |
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11 Days in Workshop - I want a refund
:mad:
I have posted previous threads about the problems I have been having with my 330 before, so I wont go over the sorry saga again. However, back in the workshop for the 10th occaision since I bought the car (1 year ago) this time my car has been in for 11 days and counting. Apparently they are replacing; Radio Fibre Optic links CD Changer (this will be the 3rd time) Gearbox Torque Converter Power Steering Pump I have just come off the phone and been told that the Radio is on back order (AUGUST!) and also the Power Steering Pump is on back order, no-one knows when So can anyone on the forum advise me as to how I might get my money back or get a car that works properly? I am certain that I have been more than patient with BMW, giving them a year to fix my car but now my patience has well and truly ran out. I am fed up of going back to the dealer every month, I have only covered 33,000 miles in a year, something which this car should be more than capable of - thats why I bought a BMW in the first place. Perhaps I should contact the various International Automotive magazines, particularly since the E90 has just been awarded car of the year - Well guys, come and talk to me about my year with the car, that will give you something to write about. BMW UK have said my contract is with the dealer?? I must admit I dont understand that given BMW built the crappy thing, anyway I guess that very reluctantly, I will have to take some legal advice as well. Unless someone from BMW Corporate can help me get back on track here and restore my faith, I will be a lost customer for ever.............. |
03-30-2006, 05:01 AM | #2 |
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Sorry to read about all the problems with your car, sounds like you've got a right lemon.
My feeling is that you are unlikely to get a replacement vehicle. The period to reject a vehicle doesn't last long and as you say you've had it a year and covered 33K miles. That to me says you have accepted the vehicle. All your problems should be covered by the warranty but as you say, this doesn't really make up for the the time without your vehicle etc. Auto Express magazine has been quite good over the years in helping individuals come to some agreement with the dealer/manufacturer. It might be worth contacting them. |
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03-30-2006, 05:09 AM | #3 |
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RSS - A lemon indeed and a Friday afternoon build I guess.
Thanks for your comments, I will contact Auto Express and see if they can help. In terms of accepting the vehicle, the problems I have today are the very same I had, and reported to BMW since day 1, so I guess I could argue that it has never been right since I picked the car up last March. To be honest though, I just want my car fixed and I could do without all the hassle associated with legal action etc. But, if publicity helps my cause - I'll take it. |
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03-30-2006, 05:15 AM | #4 |
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I do remember some cases a few years back where like you, owners of a vehicle had problems from day one. Because they didn't reject the car immediately and let the dealer 'fix' the problems this is what prevented them from doing so later on. I'm not an expert in law but it might be worth checking with a solicitor to see if anything has changed.
My gut feel is you might get some free servicing or something out of the dealer but I would be very surprised to see you get a new car - sorry! |
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03-30-2006, 05:20 AM | #5 |
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sorry to hear mate
i hope everything is resolved soon so you can enjoy your car again
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03-30-2006, 05:33 AM | #6 |
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Wow, sorry to hear about all your problems! They're saying August for the radio?? Correct me if I'm wrong, but aren't they putting them in every day at the factory? You should escallate your grievences - I don't what advocates are available to you in England, but BMW should be doing more to satisfy you.
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03-30-2006, 01:18 PM | #8 |
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Hi Spooner, sorry to hear of your probs. I have generally found BM dealers to be ok, but i also have a BMW bike which had a few probs. My local dealer would not sort it so i gave the BMW technical rep a real earbashing in public at the bike show in november & guess what - it was fixed in a week.
Good luck, Beemer |
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03-30-2006, 01:37 PM | #9 |
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Im guessing it is different in england... over hear we have lemon laws and the dealer gets a certain number of strikes and time than its money back time. I would look into similar laws that protect the consumer in the UK. Your problems are unacceptable and you should take action
http://www.bbc.co.uk/bob/buyingacar/ may be Ivan can help Good Luck!
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08-07-2006, 04:51 AM | #10 |
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Back in the Dealership Again
Thought I would update you on the ongoing saga........... My car came back fixed, the delearship (following letters to the MD) were really good in terms of communication etc, gave me an ipod (integrated) to make up for my CD and refunded the CD changer option cost, gearbox seemed fixed and off I went a happy chappy...........for a while. It is now back in, this time for another week. Problems include, Ipod integration not working, the radio now turns to white noise whilst braking, the black plastic coating on the steering wheel has started to flake away and the good old gearbox problem is now back with avengence. The dealership are again being really helpful, the MD even let me have his M5 for the day - nice, but the underlying issue (the b*****d gearbox) just doesnt seem to go away. As I have previously mentioned, I really do love the car but the quality issues I am having really are unacceptable, Any adivce again greatly appreciated. |
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08-07-2006, 08:09 AM | #12 | |
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Sorry to hear of your continuing problems - hope they get sorted.
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08-07-2006, 09:55 AM | #13 | |
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08-07-2006, 12:54 PM | #14 |
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I've owned a number of BMW's from various dealers. I always felt it depended on what dealership you purchased your car from as to the standard of service you got. In the past I've had soom major issues with new cars but it has normally been within the first few months so I was protected under consumer law. The sale of goods ACT is always a good starting point for any car issue. Also, if you financed the car you also have even more rights. Have you thought about PX'ing the car from another one? the supplying dealership who are aware of your issues may do you a deal you can not refuse! I had problems with my partners Mini Cooper Convertible. I did my home work on the sale of goods ACT went back to the dealer and ended up with a 325CI M Sport Convertible! I had to pay extra, but I got my money back for the Mini and a huge discount off the convertible. I was that impressed with the dealership I just purchased my latest car from them. Do a "Google" search on the Sales of goods ACT, it's very interesting reading.
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08-07-2006, 01:00 PM | #15 |
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My advice would be to try and get the dealership to trade it in at a VERY good price on a new one. I know of someone locally who did just that. His car would occasionally not start at all and the dealership could not find the problem.
If that doesn't work, try testing the airbags (write it off!!) and let the insurance take it from there. Only kidding!!!, but it's an option. Hope things work out OK. I feel your pain. I also owned an E46 318i lemon. I sold it after 9 months at a huge loss. Only reason why I waited 9 months: It took 4 months to get my new car! |
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08-07-2006, 01:03 PM | #16 |
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http://www.adviceguide.org.uk/index/...with_goods.htm
If there is something wrong with your goods and you aren't entitled to, or don't want to get a full refund, you can ask the trader to either repair or replace them for free instead. You might not be able to get a full refund if, perhaps, you had the goods for too long before realising there was a problem, or before the problem became obvious. If you take the goods back within six months of buying them, the trader must accept that they were faulty at the time of sale and offer to repair or replace them. If the trader doesn't accept that the goods were faulty, they will have to prove this. If you have had your goods for more than six months when they go wrong, you can still ask the trader to repair or replace them, but you may have to prove that they were faulty when you bought them if the trader doesn't agree. You can ask for a repair or replacement at any time up to six years after you bought the goods (five years in Scotland), as long as it is reasonable for them to have lasted this long. If the goods go wrong after six years (or five in Scotland), you no longer have the right to ask for a repair or replacement. If the trader agrees to carry out a repair or provide a replacement, they must do this within a reasonable period of time, and without causing you any significant inconvenience. If you ask the trader for a repair but this turns out to be impractical or to be too expensive, the trader doesn't have to repair your goods, but you can choose to have a replacement instead. In the same way, if you have asked the trader to replace your goods and this turns out to be impractical or too expensive, the trader doesn't have to replace them, but you can choose to have a repair instead. If neither repair or replacement is practical, you can ask to get some or all of your money back. You can also ask to get some or all of your money back if: replacing or repairing the goods would cost more than giving you some or all of your money back, or the trader did not replace or repair the goods within a reasonable period of time, or the trader was not able to repair or replace the goods without causing you significant inconvenience. How much money you can get back will depend on how much use you have had out of the goods. You will probably only be able to get some of your money back if:- the goods had worked for some time before they went wrong, or they still work but their appearance has got worse, or only one of their functions has failed. However, if you have been able to get no, or little use out of the goods, and/or repairs have been unsuccessful, then you will probably be able to give back the goods and get all of your money back.
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08-07-2006, 02:43 PM | #17 |
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tell them to make this months payment.
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08-09-2006, 04:05 AM | #18 |
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Thanks Guys
Thanks for the advice - Particularly interested in the Sale of Goods act.
Its been in since Friday and still no news from the dealership............ I'll let you know how I get on. Cheers Spoons |
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