2009 N54 335i - Rough Idle and misfiring when cold

2009 N54 335i - Rough Idle and misfiring when cold

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Discussion

Smuler

2,286 posts

139 months

Saturday 23rd July 2016
quotequote all
MikeTFSI said:
Just by way of update,

Injectors 2 and 4 are knackered so need replacing. Garage correctly recommended all 6 and plugs and total cost including labour, vat and diagnostic check is £1754.

The seller won't return my calls and every time I ring the manager is on his way in and of course will ring me ASAP. I know I'm being fobbed off here but running out of options.

Am putting something in writing to them shortly but that won't illicit a response any quicker I'm sure. I would pay them a visit, but that would be 7 hours of driving in a car that shouldnt be driven. Any ideas?
I'd look for specific legal advice (do any of your insurance policies offer this free) to firm up what I drew your attention to on Autotrader about your consumer rights. I would want 6 changed, and the car to be then safely driven; if legal advice is favourable can you pay for the job and then take them to court?
Or is this a case to reject car?

harrisp

200 posts

147 months

Saturday 23rd July 2016
quotequote all
Also ring bmw and ask if you have any recalls outstanding, I recently got all coilpacks changed foc on my e93 (out of warranty and bought privately)

MikeTFSI

Original Poster:

5,005 posts

102 months

Saturday 23rd July 2016
quotequote all
Thanks for the advice guys, bmw say no recalls or quality enhancements apply to my car. I have tried!

Rejecting the car is an option, but for that to work they would need to answer the phone! I can't see them handing any money over at present, either to pay for the repair or a refund.

Legal action is an option, but an expensive and time consuming option. I have solicitor friends who I will talk to, but I guess the reality is that it would cost me more than I will gain back.

At present I will be putting my position to them in writing and then seeking advice from Trading Standards. Who knows, they might come good in the end....

I guess I can't name and shame, but if you were to look for 'prestige' cars for sale in Bristol you might find them.

helix402

7,861 posts

182 months

Saturday 23rd July 2016
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This may help:

Gen BMW injectors (you also need decoupling elements):


Elysium

13,819 posts

187 months

Sunday 24th July 2016
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The 335i's of that era had big problems with the high pressure fuel pump. I lot of them (including mine) had injectors replaced early in their life in a failed attempt to diagnose the problem.

I don't remember a recall for injectors themselves, but my first port of call would be to check that it has had the replacement high pressure fuel pump.

BMW spent about £3k changing almost all sorts of parts on mine and were on the verge of swapping the ECU when they realise it was the fuel pump.


MikeTFSI

Original Poster:

5,005 posts

102 months

Sunday 24th July 2016
quotequote all
Thanks, HPFP was changed in 2012 so at least that was done.

I have found out a lot about this trader now, whilst they trade under one name now, they have often used differing ones and the reviews on Google really tell the story.

https://www.google.co.uk/search?client=ms-android-...

Smuler

2,286 posts

139 months

Sunday 24th July 2016
quotequote all
MikeTFSI said:
Thanks, HPFP was changed in 2012 so at least that was done.

I have found out a lot about this trader now, whilst they trade under one name now, they have often used differing ones and the reviews on Google really tell the story.

https://www.google.co.uk/search?client=ms-android-...
Is there anything from your diagnostics that can evidence when the fault was first recorded in the ECU; I am assuming there was something misfiring at the time you bought the car, given your original post? This could at least pin a timeline down that it was faulty when they sold it. Also who last serviced, MoT'd the car. any evidence is always good should it come to court.
Can you also explore the legal entity of the company, I don't think it's Ltd (check with companies house) so it's owned by an individual with liabilities but if the company is in the st then it may be harder for you to get an amount of money covering a full refund so easier to push for repair. I am assuming that your diagnostics didn't show other faults with the car so it's just injectors?


MikeTFSI

Original Poster:

5,005 posts

102 months

Sunday 24th July 2016
quotequote all
Diagnostics showed the codes that I know were generated on 14th July 2016 when the misfires became so bad that the ecu shut down cylinders 4 and 5 to protect itself.

Other codes still present in Ecu from previous faults with DSC system that are not current, alarm battery fault and that the battery was disconnected sometime in the past.

I want to avoid legal proceedings as I work I
Law and I know that this has to be the last resort for all concerned. Only solicitors win haha.

I will be involving trading standards if I need to.

However, whilst I can't speak to them, my wife has managed it. Still fobbing us off and not phoning back when they promise to, but have asked for the problem in writing so maybe a step forward.

The have been told that if I do not have this problem resolved I will be rejecting the car for a full refund. They did not like this at all but seemed to take it seriously, which they might as well as I am deadly serious now. Of course the car is not drivable for that distance in present condition so would need to be transported at their expense.

I really want this car to be fixed, but I have has enough of this stress so must be live to the option of hunting around for another car.

I will say that if they do come good I will be fair and post that outcome. We shall see....

northwest monkey

6,370 posts

189 months

Sunday 24th July 2016
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Sadly, you won't be able to involve Trading Standards as they won't speak to you. I'm going through something similar at the moment (also with a BMW) and we're now doing court proceedings with the dealer.

Personally, the only "new" BMW I'd now own would be one under a BMW warranty and no older than 1-2 years. The modern BMWs are (a) very complicated, (b) very unreliable once they get beyond 3-4 years, and (c) extremely expensive to repair.


Smuler

2,286 posts

139 months

Monday 25th July 2016
quotequote all
MikeTFSI said:
Diagnostics showed the codes that I know were generated on 14th July 2016 when the misfires became so bad that the ecu shut down cylinders 4 and 5 to protect itself.

Other codes still present in Ecu from previous faults with DSC system that are not current, alarm battery fault and that the battery was disconnected sometime in the past.

I want to avoid legal proceedings as I work I
Law and I know that this has to be the last resort for all concerned. Only solicitors win haha.

I will be involving trading standards if I need to.

However, whilst I can't speak to them, my wife has managed it. Still fobbing us off and not phoning back when they promise to, but have asked for the problem in writing so maybe a step forward.

The have been told that if I do not have this problem resolved I will be rejecting the car for a full refund. They did not like this at all but seemed to take it seriously, which they might as well as I am deadly serious now. Of course the car is not drivable for that distance in present condition so would need to be transported at their expense.

I really want this car to be fixed, but I have has enough of this stress so must be live to the option of hunting around for another car.

I will say that if they do come good I will be fair and post that outcome. We shall see....
It could well be a step forward, as I said earlier the consumer legislation is helpful. Whether, as alluded to by another responder, they will (will be obliged) to replace all 6 is another matter; I'm not sure. I think you have a saloon, manual? If so, pretty rare so you would probably be better holding onto this car is possible. Maybe if they do accept a dialogue and say they only want to pay to replace faulty injectors, some discussion / compromise to try and get them to pay part for the other 4 as it's accepted it's best all are done and it's better they pay you and you get the work done somewhere you're happy with, rather than the car back on transport and then holding your breath they've organised it well, locally to them. Reddish Motrsport are a very thought of BMW specialist in Bristol area if that helps or over the border, I know Forza West having used them. Excellent.






MikeTFSI

Original Poster:

5,005 posts

102 months

Monday 25th July 2016
quotequote all
Thanks for the advice. I have selected a local specialist to do the work:

Forrest Motors in Lincoln, as they are highly regarded and have diagnosed the issue already.

https://www.google.co.uk/search?q=forrest+motors+l...

Situation has been put in writing to the seller and hopefully they will respond. I really want to keep the car but I have to be willing to let if go if need be.

Edited by MikeTFSI on Monday 25th July 12:20

MikeTFSI

Original Poster:

5,005 posts

102 months

Tuesday 26th July 2016
quotequote all
Further update if anyone is still reading my ramblings haha....

Useful but predicable advice from Trading Standards:

1. Put the complaint in writing to seller and send this recorded delivery (previously I sent emails)

Include in the letter:

2. Advise them that I sought legal advice from Trading Standards and that I have been advised that the Consumer Rights Act 2015 gives me:
a. right to argue the car is not of a satisfactory quality or free from fault,
b. That I am entitled to seek short term right to reject within 30 days if goods are faulty (onus is on me to prove that the issue is not fair wear and tear) or;
c. Give opportunity to repair or replace (they should be able to inspect the vehicle and it would be my responsibility to transport the vehicle to them as I collected this);
d. Clarify if they are a member of an 'alternative dispute resolution' scheme.

3. If no further response then seek further advice from Trading Standards under the reference above.

Smuler

2,286 posts

139 months

Tuesday 26th July 2016
quotequote all
MikeTFSI said:
Further update if anyone is still reading my ramblings haha....

Useful but predicable advice from Trading Standards:

1. Put the complaint in writing to seller and send this recorded delivery (previously I sent emails)

Include in the letter:

2. Advise them that I sought legal advice from Trading Standards and that I have been advised that the Consumer Rights Act 2015 gives me:
a. right to argue the car is not of a satisfactory quality or free from fault,
b. That I am entitled to seek short term right to reject within 30 days if goods are faulty (onus is on me to prove that the issue is not fair wear and tear) or;
c. Give opportunity to repair or replace (they should be able to inspect the vehicle and it would be my responsibility to transport the vehicle to them as I collected this);
d. Clarify if they are a member of an 'alternative dispute resolution' scheme.

3. If no further response then seek further advice from Trading Standards under the reference above.
Updates are appreciated and interesting, sounds positive and clear advice.

bmwmike

6,949 posts

108 months

Tuesday 26th July 2016
quotequote all
Following this post with interest as I was looking at that car myself (black saloon LCI?) and also sort of similar situation in that I bought a n53 engine f10 with a slightly lumpy idle. Luckily as it was sub 60k I took monthly mondial warranty and they stumped up for six injectors, after initially only wanting to replace one.

Seems the piezo injector has not bee perfected for petrol direct injection after all.

Edit.. good luck.

MikeTFSI

Original Poster:

5,005 posts

102 months

Tuesday 26th July 2016
quotequote all
Very interesting. It is indeed a black, manual LCI 3 series. What made you pass it over? Familiarity with the seller maybe haha?

I have a Mondial extended warranty too... That kicks in on 6th August and I would guess it would be tricky / dishonest to convince them that this is not a pre-existing fault.

bmwmike

6,949 posts

108 months

Tuesday 26th July 2016
quotequote all
MikeTFSI said:
Very interesting. It is indeed a black, manual LCI 3 series. What made you pass it over? Familiarity with the seller maybe haha?

I have a Mondial extended warranty too... That kicks in on 6th August and I would guess it would be tricky / dishonest to convince them that this is not a pre-existing fault.
Didn't pass it up as such.. i have severe procrastinationitis. Is a very nice motor.

I took the mondial warranty for peace of mind as much as anything and I overlapped with the dealers warranty because I had no faith that the dealer would sort the issues IF they arose, which they did ("drive slowly" warning came on 3 months into mondial warranty fwiw). Had I not had the mondial warranty I would have pushed for goodwill from BMW as my car is only 41k. Having spoken to someone at BMW UK they indicated that had I not had insured warranty BMW UK may well have contributed anyway.

Forget the mileage on your car but may be worth a punt.




MikeTFSI

Original Poster:

5,005 posts

102 months

Tuesday 26th July 2016
quotequote all
Hmm, that might be an option. Mileage is 47k buy 2009 reg, so a little bit older.

MikeTFSI

Original Poster:

5,005 posts

102 months

Thursday 28th July 2016
quotequote all
Rang BMW and they are very clear that they cannot help me, unless the dealer does the work and asks for goodwill. As the car has not been to a dealer for last 2 services I can't see goodwill being offered....

Smuler

2,286 posts

139 months

Thursday 28th July 2016
quotequote all
MikeTFSI said:
Rang BMW and they are very clear that they cannot help me, unless the dealer does the work and asks for goodwill. As the car has not been to a dealer for last 2 services I can't see goodwill being offered....
I would tend to agree, I think your strongest case is against the selling dealer.

MikeTFSI

Original Poster:

5,005 posts

102 months

Monday 1st August 2016
quotequote all
Have finally succumbed and booked the car in for the work to be done at local BMW dealer. Including an oil change + filter change the total damage is £1818.46 aftet discount. From my back pocket....

I just simply cannot do without a car anymore, so need it done. I will be naming and shaming soon, all over the internet and leaving reviews wherever I can. These cowboys must be dealt with.

I will also be reporting to trading standards and the new ombudsman that covers this. Hopefully someone else will be spared from these dodgy dealers.

On the plus side I will finally have a working car again! Haven't driven it for weeks so can't wait to have it running again.