Rejecting a new 2015 BMW M5 CP - advice please

Rejecting a new 2015 BMW M5 CP - advice please

Author
Discussion

trando

Original Poster:

722 posts

170 months

Thursday 30th July 2015
quotequote all
I have previously posted about problems with the 2015 BMW M5 CP I purchased in June 2015. Since new, it has had a leaky rear diff and is now with the dealer who is attempting to fix it for a second time.

Each time the car has been off the road for over a week and to be frank I have lost confidence in the car, not to mention the inconvenience of not having it… I have had a courtesy car each time, but at the moment am in an orange 4 door Mini Cooper S, hardly an M5.

I would like to reject the car as I am fed up with the whole experience but am not sure of the process or even if my circumstances would warrant a rejection.

I am already in contact with BMW UK about this. After the first attempt to fix the problem (replacing one of the seals), BMW paid me compensation, which amounted to half my monthly PCP payment and this was in ‘full and final settlement’.

The issue reoccurring was only identified when it went in for it’s 1200 mile running in service and the seal was found to be still leaking. The decision has been made to replace the whole diff but some of the items are on back order from Germany meaning a potential long wait for parts… As this is a recurrence of the same issue, I do not believe that the full and final settlement figure for the first incident is still valid.

I have bought a lot of cars over the years – many of them of this type and I have never been in this situation before. Therefore, any advice/thoughts much appreciated.

Muzzer79

9,806 posts

186 months

Thursday 30th July 2015
quotequote all
Rejecting a car is not a black and white process and many on here have different opinions regarding the viability of doing it, depending on your case.

Speak to a lawyer for firm guidance.

The Surveyor

7,576 posts

236 months

Thursday 30th July 2015
quotequote all
Does the leaky diff prevent the car from being driven? As in does it dump all it's fluid and leave you stranded, or is it just an annoying spot of oil on the drive over night?

If it's the later and it isn't stopping you driving the car, I'd have thought you would have very little grounds to reject the car. It's annoying, and the poor BMW service even more so, but that wouldn't be a valid reason to reject it, especially as they are looking to repair it!

You mentioned PCP, is that through BMW or an independent supplier, and what have they said?

GroundEffect

13,819 posts

155 months

Thursday 30th July 2015
quotequote all
The first question is what ultimately do you gain by rejecting the car? It's only been in twice.

And you have been given a courtesy car.

I am no solicitor but you don't appear to have any grounds for rejection as it's one issue with the car, that they're on their second attempt to fix whilst putting you up in a replacement car. Hardly earth-shatteringly bad.

You don't say what action was taken on the seal the first time. I very much doubt they are opening up the differential on your car? They should be replacing it...


anonymous-user

53 months

Thursday 30th July 2015
quotequote all
If you can afford a new M5 you can afford a lawyer, so no freebie from me on this one, sozzer!

Mojooo

12,670 posts

179 months

Thursday 30th July 2015
quotequote all
The right to reject is not dependent on any offer to repair - you just need to show it was not as described, fit for the purpsoe for which it was supplied or satisfactory qualty.

The issue is of course a minor fault may not make it of unsatisfactory quality but a major one might.

One thign I would say from experience is that the longer you leave it the harder it is to reject - indeed after a reasonable time period has passed you may be deemed to have 'accepted' the car in which case the right to reject is gone and you then rely on repair/repalcement or partial refund/full refund.

trando

Original Poster:

722 posts

170 months

Thursday 30th July 2015
quotequote all
The Surveyor said:
Does the leaky diff prevent the car from being driven? As in does it dump all it's fluid and leave you stranded, or is it just an annoying spot of oil on the drive over night?
The latter

The Surveyor said:
If it's the later and it isn't stopping you driving the car, I'd have thought you would have very little grounds to reject the car. It's annoying, and the poor BMW service even more so, but that wouldn't be a valid reason to reject it, especially as they are looking to repair it!
It is stopping me driving the car as I don't have it. The dealer has advised that it needs fixing before I drive it again.

The Surveyor said:
You mentioned PCP, is that through BMW or an independent supplier, and what have they said?
It's through BMW FS. They have not commented on the latest situation yet, other than to have acknowledged that there is an issue.

trando

Original Poster:

722 posts

170 months

Thursday 30th July 2015
quotequote all
GroundEffect said:
The first question is what ultimately do you gain by rejecting the car? It's only been in twice.

And you have been given a courtesy car.

I am no solicitor but you don't appear to have any grounds for rejection as it's one issue with the car, that they're on their second attempt to fix whilst putting you up in a replacement car. Hardly earth-shatteringly bad.

You don't say what action was taken on the seal the first time. I very much doubt they are opening up the differential on your car? They should be replacing it...
Fair enough but I wouldn't expect this from a car of this type. It's also the first M car I have bought - hardly a good advert....

As far as the diff is concerned, yes, they are replacing it.

trando

Original Poster:

722 posts

170 months

Thursday 30th July 2015
quotequote all
Breadvan72 said:
If you can afford a new M5 you can afford a lawyer, so no freebie from me on this one, sozzer!
Noted......

trando

Original Poster:

722 posts

170 months

Thursday 30th July 2015
quotequote all
Mojooo said:
The right to reject is not dependent on any offer to repair - you just need to show it was not as described, fit for the purpsoe for which it was supplied or satisfactory qualty.

The issue is of course a minor fault may not make it of unsatisfactory quality but a major one might.

One thign I would say from experience is that the longer you leave it the harder it is to reject - indeed after a reasonable time period has passed you may be deemed to have 'accepted' the car in which case the right to reject is gone and you then rely on repair/repalcement or partial refund/full refund.
Thanks - useful advice.

R8VXF

6,788 posts

114 months

Thursday 30th July 2015
quotequote all
I really think you need to drive it a bit more when you get it back if that is really only 1200 miles in a year!

trando

Original Poster:

722 posts

170 months

Thursday 30th July 2015
quotequote all
I've driven 1200 miles since June 12th but during that time the car has been off the road for 2 weeks.

Roo

11,503 posts

206 months

Thursday 30th July 2015
quotequote all
R8VXF said:
I really think you need to drive it a bit more when you get it back if that is really only 1200 miles in a year!
Do you want to try that again. wink

btcc123

1,243 posts

146 months

Thursday 30th July 2015
quotequote all
As you have agreed to a compensation payment from BMW as full and final settlement legally I am pretty sure you cannot reject the car now.Did you not see that BWM were being very sneaky doing this.While the car is under warranty they have to correct any faults during this time.

R8VXF

6,788 posts

114 months

Thursday 30th July 2015
quotequote all
Roo said:
Do you want to try that again. wink
Lol, I read it as the cars 1200 mile running in service, not the diff. As you were smile

GroundEffect

13,819 posts

155 months

Thursday 30th July 2015
quotequote all
trando said:
GroundEffect said:
The first question is what ultimately do you gain by rejecting the car? It's only been in twice.

And you have been given a courtesy car.

I am no solicitor but you don't appear to have any grounds for rejection as it's one issue with the car, that they're on their second attempt to fix whilst putting you up in a replacement car. Hardly earth-shatteringly bad.

You don't say what action was taken on the seal the first time. I very much doubt they are opening up the differential on your car? They should be replacing it...
Fair enough but I wouldn't expect this from a car of this type. It's also the first M car I have bought - hardly a good advert....

As far as the diff is concerned, yes, they are replacing it.
If they are replacing it, then you should be OK. The part will be shipped back to the engineering team and torn down for root cause analysis. You've not really lost out of from this beyond mild inconvenience and lack of M driving opportunities.

Rejecting a £70k item because of this is absurd TBH.

trando

Original Poster:

722 posts

170 months

Thursday 30th July 2015
quotequote all
btcc123 said:
As you have agreed to a compensation payment from BMW as full and final settlement legally I am pretty sure you cannot reject the car now.Did you not see that BWM were being very sneaky doing this.While the car is under warranty they have to correct any faults during this time.
Maybe, but at the time, no-one thought that the problem would re-occur....

trando

Original Poster:

722 posts

170 months

Thursday 30th July 2015
quotequote all
GroundEffect said:
trando said:
GroundEffect said:
The first question is what ultimately do you gain by rejecting the car? It's only been in twice.

And you have been given a courtesy car.

I am no solicitor but you don't appear to have any grounds for rejection as it's one issue with the car, that they're on their second attempt to fix whilst putting you up in a replacement car. Hardly earth-shatteringly bad.

You don't say what action was taken on the seal the first time. I very much doubt they are opening up the differential on your car? They should be replacing it...
Fair enough but I wouldn't expect this from a car of this type. It's also the first M car I have bought - hardly a good advert....

As far as the diff is concerned, yes, they are replacing it.
If they are replacing it, then you should be OK. The part will be shipped back to the engineering team and torn down for root cause analysis. You've not really lost out of from this beyond mild inconvenience and lack of M driving opportunities.

Rejecting a £70k item because of this is absurd TBH.
Which is why I posted this thread in the first place. I am trying to get a view on where I stand.

Soov535

35,829 posts

270 months

Thursday 30th July 2015
quotequote all
Breadvan72 said:
If you can afford a new M5 you can afford a lawyer, so no freebie from me on this one, sozzer!
hehe

Come off it OP - it's got a leak, they're replacing the whole diff with a new item and covering you with a courtesy car.


Reject it rofl

Funkycoldribena

7,379 posts

153 months

Thursday 30th July 2015
quotequote all
Theres plenty of threads on here where the dealers refusing to do anything,at least they're trying to solve the problem.