Rejecting a new 2015 BMW M5 CP - advice please

[trando]

Durzel said:

Replacing the whole diff instead of trying to fix it over and over again, as some dealers/marques might, is to some extent what you're getting from your prestige vehicle. In the long run you'll be saving time and hassle, though it won't seem like it now.

With the best will in the world problems might only show up once a vehicle is being used in anger, in a variety of conditions that it wouldn't be practical to simulate.

No one would want to be in your position having bought a new car, but some people do end up in your position unavoidably. BMW haven't been negligent or obstructive, quite the opposite, they're going to absorb a non-trivial cost in replacing a big component when they probably don't need to (mechanically or legally) to save you the hassle of potentially having to keep going back to the dealer.

It sucks but you're being treated well all things considered.

Agreed. This is not about the dealer.

[Sheepshanks]

trando said:

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’.

Hmmm, so you demanded compensation off BMW for the seal leaking?

trando said:

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.

That's pretty black and white then - if it can't function as a car then it's not fit for purpose at its most basic level.

[TVR1]

'I have lost confidence in the car'

A telling phrase in the motor trade.

You have either been bashed by the missus for spending too much- who wants a knew kitchen or, as usualy happens, you have suddenly realised 'ste, this car is gonna cost a lot to run' . And want an out and cant really afford it.

Which one OP?

[TVR1]

'I have lost confidence in the car'

A telling phrase in the motor trade.

You have either been bashed by the missus for spending too much- who wants a knew kitchen or, as usualy happens, you have suddenly realised 'ste, this car is gonna cost a lot to run' . And want an out and cant really afford it.

Which one OP?

[LoonR1]

btcc123 said:

LoonR1 said:

My M3 is the biggest POS car I've ever owned. It's broken again today and I've instructed solicitors following their advice last time. It's costing me just shy of a grand to start the process, so OP you may or may not have case, but go and take some advice and see what they say alongside their bills, which are just as eye watering as an M car is frustrating.

Good luck on a 2012 car.

Did you buy it new,is it still under warranty and whats the matter with it.

It's st. There's a new warning light every month. It's had over £30k spent on it on warranty and it's still under extended warranty. The solicitor seems happy with their SOGA and implied whatever crap and I don't really care anymore. It's at the dealers and I've no intention of ever picking it up again. I'll go and buy a new car next week when I get back from another weekend of track days and generally dicking about on my bike.

Annoying as I've just committed to another new car for my villa in Cyprus, but that's OK because I've turned the thread into a "look at me I've got a villa" thread now.

[ging84]

LoonR1 said:

btcc123 said:

LoonR1 said:

My M3 is the biggest POS car I've ever owned. It's broken again today and I've instructed solicitors following their advice last time. It's costing me just shy of a grand to start the process, so OP you may or may not have case, but go and take some advice and see what they say alongside their bills, which are just as eye watering as an M car is frustrating.

Good luck on a 2012 car.

Did you buy it new,is it still under warranty and whats the matter with it.

It's st. There's a new warning light every month. It's had over £30k spent on it on warranty and it's still under extended warranty. The solicitor seems happy with their SOGA and implied whatever crap and I don't really care anymore. It's at the dealers and I've no intention of ever picking it up again. I'll go and buy a new car next week when I get back from another weekend of track days and generally dicking about on my bike.

Annoying as I've just committed to another new car for my villa in Cyprus, but that's OK because I've turned the thread into a "look at me I've got a villa" thread now.

unleash the parrots, i really can't tell if this is joking or a real story which presumably involves an awful lot of angry shouting

[jbsportstech]

Breadvan72 said:

If you can afford a new M5 you can afford a lawyer, so no freebie from me on this one, sozzer!

They can afford pcp on an m5 so doesn't make the op rich necessarily.

I know a guy who is in his 30's and is plumber lives with his mum has very little money but has a Nissan GT-R on finance and can just about make the payments.

[trando]

TVR1 said:

'I have lost confidence in the car'

A telling phrase in the motor trade.

You have either been bashed by the missus for spending too much- who wants a knew kitchen or, as usualy happens, you have suddenly realised 'ste, this car is gonna cost a lot to run' . And want an out and cant really afford it.

Which one OP?

My previous recent cars have been a Jaguar XFR, C63, C55 - my wife loves to drive them as much as I do and I can afford to run them. Thanks for your concern though.

[ging84]

ok i give up, loon is taking the piss right?
he doesn't really have a villa in Cyprus just so he can shout angrily somewhere warm?

[berlintaxi]

TVR1 said:

'I have lost confidence in the car'

A telling phrase in the motor trade.

You have either been bashed by the missus for spending too much- who wants a knew kitchen or, as usualy happens, you have suddenly realised 'ste, this car is gonna cost a lot to run' . And want an out and cant really afford it.

Which one OP?

And people wonder why the car salesmen on here get regular kickings?

[OldGermanHeaps]

Have they given you an eta on the backordered part? Its a bit st that major manufacturers dont keep spares. My insignia was off the road 3 months waiting on a backordered steering part, it was just a bread and butter model too 20. Diesel exclusiv. Trying to fit a stacked to the brim insignias worth or ladders tools and parts in a corsa automatic gutless courtesy car and having to drive it 1000 miles a week was misery. I had to lose the plot with them a few times until i got something the required size.

[theboss]

Love how in true PH style this thread turns into sneering doubts as to whether or not the OP can "really afford" his M5. It's pathetic.

OP I'd resist any inclination to try and reject the car as along with other posters I feel BMW are handling it reasonably - being without the car is frustrating but if this proves to be the only fault then you'll soon forget about it when you have the car back in full working order. How has the dealership responded when asked outright if they can come up with something a little more enjoyable for you to borrow meanwhile?

[trando]

Thanks and agree on both points...

They've found me a 5 series which I'm picking up tomorrow morning. Latest ETA on a fix is some time next week.

[Sheepshanks]

LoonR1 said:

It's had over £30k spent on it

Can you post up copies of the invoices?

[CAPP0]

theboss said:

Love how in true PH style this thread turns into sneering doubts as to whether or not the OP can "really afford" his M5.

True enough, but in this case it's not difficult to see how the OP's initial stance could drive that view. The car has an oil leak. Bloody annoying when you're shelling out that much money, but it's not refusing to start every morning, it's not cutting out at motorway speeds causing danger, it's not falling apart at the seams, the dealer hasn't (yet) had it back in eleventy times and been unable to locate or rectify the fault, etc etc etc. Anything akin to one or more of the above might lead to thoughts of rejection, but not for a bloody oil leak. AND he's already had some form of compensation. Massive over-reaction on the OP's part at this stage. Got to love Daily Mail-ised Compo Culture Britain. How long before his wife sues BMW for the fact that the current courtesy car is smaller than the M5 and because of this she laddered her tights getting in or out? Maybe the OP would fare better living in the States.

[Soov535]

So now four qualified lawyers (two solicitors and two barristers) have told our hero to stop being silly, but the thread is still running.

It does sound like buyer's remorse to me.

[anonymous-user]

br d said:

Breadvan72 said:

If you can afford a new M5 you can afford a lawyer, so no freebie from me on this one, sozzer!

I'm not your biggest fan BV but I certainly recognise that you give a lot of good advice on these forums in your own time.
However, the effort it took you to vent that little slice of smugness could easily have been used to give the bloke a pointer.
Why bother?

Why should I have to give anyone a pointer about anything if I don't want to? The great thing about pro bono work is that I get to dine a la carte. In the real world of humdrum and sordid money grubbing, I am just a grumpy taxi on a rank, and can't choose my punters, but I can choose when I am volunteering. South of the river, mate? You're having a giraffe.

I add that I don't see anything smug in the post to which you objected.

Being of a sunny disposition today, I observe, as others have already, that the OP looks to be on a loser if he wants to reject the car over a leaky diff. The earlier settlement agreement may well pose a major hurdle for him anyway. No more on this, as I am off to do some money grubbing.

[mikeveal]

trando said:

This is about BMW the manufacturer and the fact that they have let a car get to market without the necessary quality controls taking place.

I doubt that is the case. No manufacturing test process can ever ship product to customers without defects. The only way you can obtain 100% test coverage is to test every shipping part to destruction, which sadly leaves you unable to ship product.

The art of manufacture and design is to get quality as high as you can whilst keeping field failures to a minimum. This has to be balanced with production cost. The more testing you do on each item you ship (and the more time you spend designing the product so that it can be tested) the more expensive the item becomes.

So, and this is the bit many consumers struggle with, st happens. Defects DO escape test, customers DO experience dead on arrival product and early life failures. Not only that, but manufacturers like BMW will know exactly what percentage of failures their customer base will tolerate. Their whole product life cycle will be designed around these figures.

It's unlucky when someone gets an item that fails early in its life. If the failure is endemic, BMW will care and will alter their manufacturing process. If it's a one off, they aren't going to be interested.


That's development and manufacturing. Given that poop doth indeed occureth, you should concentrate on what's being done to put your situation right.

• Your dealer attempted a repair and failed. They are replacing the part for a brand new one. I think that's pretty good service on the part of the dealer.
• Your dealer gave you a cash bung in full and final settlement. Settlement for what? For all problems associated with the diff from now to eternity, or to compensate you for not having your car whilst the first repair was carried out?
• Rejecting the car? Don't think you stand a hope in hell. Its a minor defect, these things do happen and the dealer appears to be bending over backwards to help.

Personally I'd be singing the dealer's praises rather than asking questions about rejecting the car.

[Redgate]

Since the Dealer and BMW are working hard to resolve this issue I would not try to reject the car BUT I would definitely expect some sort of compensation for the inconvenience.

[CAPP0]

Redgate said:

Since the Dealer and BMW are working hard to resolve this issue I would not try to reject the car BUT I would definitely expect some sort of compensation for the inconvenience.

Which, to some (unspecified?) extent, he has already declared that he has received!