Issue with Brakes on an 'Approved Used' 318d

G

gallaghb

Member
 Essex/London border
Wondering if anyone has got any advice? I am having a nightmare at the moment trying to get Cooper to cover costs for new brake discs and pads. I had had the car 2.5 months when it developed the issue and after only 2,000 of my miles. The car is a 61 plate and has done about 44k miles.

Cooper are saying that the brake discs were 23.17mm thick. The minimum requirement is 20.4mm. When brand new they are 24mm. Sytner where my car is now have reported the front discs are 19.7mm - also said they are corroded, heavily lipped on the reverse and very uneven. They are fooked basically.

I went back with that to Cooper who are still refusing any sort of responsibility and just saying that they were 23.17mm and thats way above the minimum so thats that. My argument then was well if that is the case then I've used 3.47mm of brake disc thickness in 2k miles which is ridiculous as they agreed with me that a set of discs should last for 40k miles.

When I bought it they didn't look too bad, bit orange on surface which I mentioned but it had been sitting for a month the sales guy said... Next time I'll be taking my micrometer!

I've left it with them now to see if they can get them warranty replaced as in effect the parts are faulty.

I've been reading up on sales of goods act and looks like I may have a claim under this. Anyone else had any similar experiences, maybe with BMW, that could help me?
 
You say 'when it developed the issue'. What issue? Did the brakes stop working or you just decided to measure the discs?

Under consumer law it's easy. Any fault that develops in 6 months is assumed to be pre-existing, so the responsibility of the dealer to sort. (I had the clutch and dual mass flywheel replaced on my daughters car 2 months ago at a cost of way over £1,000 despite the dealer crying about £500 warrantly limit).

Their best effort at a get out is that they are consumables, but given the distance unless you track the car it's not possible or reasonable and therefore were defective upon sale.

Register a complaint with BMW customer service and let them help.
 
Is there any history of the discs being replaced? If not then I'd assume they were the original discs and at 44k miles they were shot!

If they're 'very uneven' could it be that Cooper have measured on a high spot (with surface corrosion adding a mm or two) and Sytner have measured at a low spot after clearing away the corrosion.

What issue were you having that caused you to think the brakes needed checking? Are both sides equally worn? Was there any excess heat coming from the disc suggesting a sticking caliper?

I can't see them being replaced due to being 'faulty' as brake discs, by their nature, are made to wear.

Your best bet is the sales of goods act, but be prepared to negotiate to get a quick resolution - e.g. offer them 50% of the cost (which shouldn't be more than about £200 even for Z4M discs, never mind 1-seried discs).
 
cj10jeeper said:
You say 'when it developed the issue'. What issue? Did the brakes stop working or you just decided to measure the discs?

Under consumer law it's easy. Any fault that develops in 6 months is assumed to be pre-existing, so the responsibility of the dealer to sort. (I had the clutch and dual mass flywheel replaced on my daughters car 2 months ago at a cost of way over £1,000 despite the dealer crying about £500 warrantly limit).

Their best effort at a get out is that they are consumables, but given the distance unless you track the car it's not possible or reasonable and therefore were defective upon sale.

Register a complaint with BMW customer service and let them help.
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Haha, no I noticed some vibration through the brake pedal so took it in to be looked at. This has transpired to being one of the discs being warped, Sytner are saying they disc most likely warped due to it being too thin and under BMWs minimum requirement of 20.4mm.

I did speak to BMW customer service this morning, they weren't as helpful as I was expecting she basically said they would stand by what the dealer have said the discs measured in the pre sale checks. But I am yet to officially register a complaint as haven't fully exhausted all the options with the dealer. I rang them as Cooper have been really bad at coming back to me, it's taken 4 days for them to properly acknowledge me!

I had read the same thing under Sales of goods act. But did wonder if I would have a claim as they are just saying its wear and tear. But its not possible that they've used that much thickness in 2k miles so someone is wrong in the measurements of the thickness.

I am going to get the car and measure myself tomorrow. Then I may take the car to cooper instead, but I'm not sure if that is going to get me anywhere. I might be better just getting the work done and then claiming against them.
 
mmm-five said:
Is there any history of the discs being replaced? If not then I'd assume they were the original discs and at 44k miles they were shot!

If they're 'very uneven' could it be that Cooper have measured on a high spot (with surface corrosion adding a mm or two) and Sytner have measured at a low spot after clearing away the corrosion.

What issue were you having that caused you to think the brakes needed checking? Are both sides equally worn? Was there any excess heat coming from the disc suggesting a sticking caliper?

I can't see them being replaced due to being 'faulty' as brake discs, by their nature, are made to wear.

Your best bet is the sales of goods act, but be prepared to negotiate to get a quick resolution - e.g. offer them 50% of the cost (which shouldn't be more than about £200 even for Z4M discs, never mind 1-seried discs).
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I've got no history of them being replaced. I've asked Cooper if they have anything on their system but I doubt it. But they probably were the originals - its just proving it.

Took it in due to vibration when braking, see above post.

Sytner have quoted me £470ish for new front pads and discs inc labour!
 
Certainly don't replace and then expect them to re-imburse. In effect you're increasing the bill and not giving them an opportunity to fix it and will weaken your position.

Just be a bit more forceful and mention the law and they'll get on with it.

To me it sounds like BS that they measured the discs and given the mileage they're originals and worn out at sale. (You could always call the last owner from the V5C and ask if they replaced them).
 
AUC means you should not need to service the car for a period of time. 2k is well under the limit. If the dealer wont help then contact BMW UK, I've always found this does the trick.
 
srhutch said:
If the dealer wont help then contact BMW UK, I've always found this does the trick.
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Conversely, I've never found BMW UK to be helpful.

On every occasion I've had to involve them - on both M5 and Z4M issues - it has ended with them stating that it's down to the individual dealer - even when I alleged that a certain dealer was committing fraud by claiming from both BMW and from me for identical items that were replaced as part of the same job.

I had the proof as I had a copy of the disputed customer invoice and a copy of the invoice they had reclaimed from BMW for a clutch & DMF on the M5 under warranty/goodwill - and the amount/description/itemisations showed it clearly wasn't then claiming for a customer contribution towards the warranty/goodwill claim.
 
They quoted the same, 'down to the individual dealer' to me today. 'They are all franchised business in their own right' bla bla

I was left thinking what is the point of BMW UK having a Customer Service dept you can call!

I stated that it was AUC and 2.5 months later I was having to spend £500 which I don't find acceptable under the AUC scheme. But she didn't care.

They did call the dealer, but they also couldn't get through to the sales manager so it was still some 3 hours before he called me back. Spoke to him at about 2pm today, he was going to call me back after looking into something. And haven't heard despite 2 calls from me at 4.30 and 5pm where he was unavailable. Got a voicemail at 17.45 when I was on the train - no phone signal! I told the receptionist he wouldn't be able to speak to me after 5.30 until about 6.15pm and that I had to speak to him today and she passed the message on. Last 2 nights he has called me at about 7pm. Hopefully he will be working tomorrow or I will just ask to speak to his senior or whoever is available thats higher than him. I think they think the problem/me is just going to go away - but it isn't / I'm not!

I find the customer service and willingness to resolve this amicably shocking. If I treated my customers like this for 5 days I'd be on a disciplinary!!

sorry rant over :headbang:
 
Go into the dealer you bought the car off..

Tell them you have the brake shimmy,and ask them to sort it out under warranty...

You seem to be taking the hardest route to a simple solution.
 
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