Dealer replacing my car....

[CoupeChief]

when is the dealer replacing it?

That's a good question. I was told within 3 months a month ago (to give them time to find one coming off contract hire apparently) and it would be at no cost to myself.
I've found a couple of AUC examples and suggested them but dealer would lose out even more if they have to buy from another dealer so a non-starter.
I'm not convinced it's actually going to happen so considering handing car back and getting money back. An //M is on my mind.....

 

[CoupeChief]

As expected, dealer has reneged on promise to replace my car "at no cost to myself". They are now offering a £500 top up on any trade-in value I negotiate on the car.

I'm raging. They've gone from admitting they mis-advertised it to now saying they did nothing wrong - it was autotrader that got it wrong. Turns out the car is an '06 build but first registered march '07 so no isofix/airbag deactivation as standard.
They previously said autotrader advert was automatically populated by BMW info so would've been same as internal BMW advert but are now saying that's not the case. The only reason I considered the car was because spec sheet inside the car at dealer said isofix etc. as at the time my daughter was very young and needed a rear facing seat and subsequently we bought an isofix child seat (our other car also has isofix) which i now cannot use in my car. Somebody somewhere is lying.

How can they go from verbally admitting something was wrong with the advert to now forcing me into trading the car in at their dealership (assuming no one else can better the trade in by £500) and losing out on the extra i'd have to pay to get an equivalent from them when I shouldn't even need to change the car at all? And even then, they only get a car similar to mine in once in a blue moon so chances of actually getting a car I want is zilcho.

Anyone any ideas how to progress this? It's already with BMW UK in writing but feel that'll go nowhere based on my disussion with dealer today. 

 

[playalistic]

Was it a "promise" verbally or in writing?

 

[CoupeChief]

Was it a "promise" verbally or in writing?

Verbal promise with an email saying they would "endeavour" to replace it. I only got the email after weeks of badgering them for some sort of written confirmation backing up the fact that they said they would replace it. It was their idea to replace the car in the first place! As soon as i saw the word "endeavor" I knew it was going nowhere but kept persuing it nonetheless.

I cannot even begin to explain how angry I am. Salesman I've been dealing with has just fed me BS the whole time.

 

[mmm-five]

I'd have put the car back on their parking lot and handed the keys back with a formal, written rejection, and followed it up with a solicitor's letter giving them 28 days to refund, retrofit the parts, or replace the car.

As it is, you've got no proof of any agreement other than them endeavouring to replace it, but this endeavour to replace it must entail some attempt on their part to do so, otherwise they've broken that agreement too - and you have that in writing. I'd ask them to show you proof that they've tried their best to get you a replacement, if they can't then they obviously haven't tried at all.

The problem I see here is that you've lived with the car for 4 months, and all the while the dealer was hoping you'd get used to it and just forget about it - which of course you haven't.

 

[IK.]

Can you not live without it, and perhaps take some form of compensation? Maybe your next 2 services free? When I had some problems with my Astra VXR and I got 2 services free. I also had some problems with my Z4 and they gave me 1 service free (Inspection 1).

 

[CoupeChief]

Mmmm-five,

I wish I had. When it first became apparent I just thought they'd retrofit and that'd be it. But time dragged on and then it got past the 28 day point but they'd by then said they'd replace it. It was all very matter of fact, won't be an issue, will be done ASAP. I had no reason to worry. Or so I thought....

 

[mmm-five]

Mmmm-five,

I wish I had. When it first became apparent I just thought they'd retrofit and that'd be it. But time dragged on and then it got past the 28 day point but they'd by then said they'd replace it. It was all very matter of fact, won't be an issue, will be done ASAP. I had no reason to worry. Or so I thought....

I've been through similar disagreements with BMW in the past, and don't trust them as far as I can throw them, and recent events have shown a huge disparity in the dealership network (and within specific franchise networks).

That's why my first line of resolution tends to be the straight-to-the-top ultimatum type, followed by the legal route as soon as the deadline has passed. Don't threaten something you're not prepared to carry out.

Sometimes it can come over a bit heavy-handed, but I explain why I'm wary of BMW dealers, and that I'm only asking for these concerns to be addressed due to an error on the dealer's part in the first place. I also put the points to them as succinctly as possible (in writing to the DP and service manager) rather than ranting and raving on the phone, with the summary detailing the actions I expect and what steps I'll be taking if those actions are not taken.

 

[Taz]

well i'm sorry to say, my first thoughts have come true, i would have been very suprised if they replaced it

 

[wheelie]

I would advise a quick chat with a solicitor as you "may" have grounds for forcing their hand, unlikely but possible. It may fall into the sale of good act 1979 as the goods must match all 3 of below:

1: merchantable quality
2: fit for the purpose
3: as described

It appears you may have recourse on point 3 but a solicitor may be able to advise and add a little "weight" to the proceedings.

Hope it helps mate

Pete

 

[mmm-five]

I would advise a quick chat with a solicitor as you "may" have grounds for forcing their hand, unlikely but possible. It may fall into the sale of good act 1979 as the goods must match all 3 of below:

1: merchantable quality
2: fit for the purpose
3: as described

It appears you may have recourse on point 3 but a solicitor may be able to advise and add a little "weight" to the proceedings.

There's no harm in trying a solicitor's letter.

Unfortunately there's a hefty 'escape clause' for #3 if the buyer had the opportunity to check the spec before accepting the item. If it didn't match the description at collection/payment then the car should have been rejected there & then. For example a car advertised with 20,000 miles when it has 21,000 wouldn't be a reason for returning it after collection but you could refuse to accept it and ask for a refund/discount.

 

[wheelie]

This is true mmm-five however the dealer backed this up with the action that they are now going to renage on.
It's a tough situation and one that will more thank likely call for a little "brinkmanship" hence the solicitors letter.

Plus the solicitor will be able to determine if indeed the car can be returned and any recompense owed.

Pete

 

[CoupeChief]

My parents-in-law are best friends with a QC so I'll be having a chat with him when I'm at their place next week.

I think deep down I'm most angry at myself for not getting to the point early doors but I'll chalk this one down to experience an hopefully will get it sorted.

 

[wheelie]

My parents-in-law are best friends with a QC so I'll be having a chat with him when I'm at their place next week.

I think deep down I'm most angry at myself for not getting to the point early doors but I'll chalk this one down to experience an hopefully will get it sorted.

Keep us informed if you don't mind mate? I'd be interested to see how this pans out.

Pete

 

[DanEvs]

Now I'm no legal eagle but I'd say it's your own fault for not checking the car over before completing the deal. If isofix was such a massive concern (it appears it is.) then you should've flagged it before the handover.

Just get a forward facing seat and enjoy your car...

 

[CoupeChief]

Now I'm no legal eagle but I'd say it's your own fault for not checking the car over before completing the deal. If isofix was such a massive concern (it appears it is.) then you should've flagged it before the handover.

Just get a forward facing seat and enjoy your car...

Thanks for the support! That's the main reason I'm so angry - because I know I should've checked. HOWEVER, I'm not going to lie down and take a dealer telling me BS.

 

[jonnyfive]

Its a hard pill to swallow but i think you have your work cut out to get any joy from those robbing bast****s.
But dont let them off to easy seek legal advise and push as hard as you can . Make there life hell as long as you can. better still go down to your dealership talk to the sh*t who gave you all the promises then get his boss out ,in front of them both start asking all those awkward questions,and see if hes prepared to lie in front of his boss ,also helps if you ask if there mind if you record the conversation on your phone ( just for the record ) people are very cautious what there say then .Its very easy to blag someone off on the phone very different when face to face.
failing that put dog sh*t through his letter box

 

[mlester187]

Something similar happened to me two years ago. I bought a nearly new 320i coupe from a main dealer for the mrs. The week after that a family friend came to stay with us. I showed him my car and he said that he recognised the number plate. Turns out that it used to be his car?!?! Now his 320i was crashed badly, not written off, but badly crashed. Needless to say I was furious. I went to the dealer to give them a piece of my mind. I walked out less than an hour alter with their 335i demonstrator! No catch, I ran it for 12 months and sold it on!

 

[AJZ4London]

When I was training as a solicitor I issued a small claims court claim on behalf of a friend who bought a second hand 5 series which he was told had A/C. In fact it had climate control which did not incorporate A/C. We issued a claim in respect of the cost of retro-fitting and the guy paid up. Cost of issuing claim was something like £120 I think...

I think a letter along the lines of:

1. Saw car advertised as having this feature.
2. Relied on said advert and bought car.
3. Realised as soon as purchased (cite dates where possible) that was not as described.
4. Informed dealer (name and date) and was told would be replaced, reasonably relied on that representation (plus others) and so did not return car.
5. Now suffered to detriment - cost of new car/cost of retro fitting (set out costs).
6. If they are asking you to (only) pay £500 top-up, I would sign off the letter with something like, you wish to resolve ASAP, safety concerns with baby (poor you) but suggest that them agreeing to pay free of charge would be less costly and time consuming to them than defending a small claims action which costs you virtually nothing to make.

See if the QC agrees!

 

[Taz]

Now I'm no legal eagle but I'd say it's your own fault for not checking the car over before completing the deal. If isofix was such a massive concern (it appears it is.) then you should've flagged it before the handover.

Just get a forward facing seat and enjoy your car...

Thanks for the support! That's the main reason I'm so angry - because I know I should've checked. HOWEVER, I'm not going to lie down and take a dealer telling me BS.

yes you should have checked, but you obviously trusted the dealers, easy mistake, not your fault at all - on hindsight yes you should of checked, sure we all suffer from hindsight