Rejecting a car - legal aid or solo

[Timbuk2]

I just bought a BMW AUC E92 M3 from a main BMW dealer.

After the very short test drive I agreed to buy it and then drove it home.

As I have been learning the car I've been driving it a bit harder and a loud banging noise from the rear has become apparent. I also noticed a bit of a whining noise from the diff.

Getting it up on the ramps at a local garage show me a broken rear diff bolt so the diff rocks up and down - obviously the cause of the noise, and damage to the diff has probably occurred.

I want to reject the car, I've only had it since Saturday but am naturally unhappy that they sold it to me like this and it has a few odd nuts underneath that are non BMW and the garage said the clutch has been out at some point too as the nuts were worn.

I have a feeling this car may not be a good one and want to reject it as at 2 years old and 20,000 miles it shouldn't be having any issues.

From the Carbuyer.co.uk website: As of 1 October 2015, the Sale of Goods Act from 1979 will be replaced by the Consumer Rights Act 2015. One important difference is that consumers are entitled to a full refund on any product that is found to be faulty in the first 30 days of ownership. This replaces the previous rule, which stated that retailers only needed to replace or repair the faulty item.

Does this mean I can just send it back to them on the back of an RAC lorry or do I need to inform them first with a rejection letter or email?

I'm not great at legal stuff and want to do it right the first time, I'm happy to take advice and pay for it if necessary!

Thanks in advance for any advice.

Tim

Edited by Timbuk2 on Tuesday 22 December 13:52

[clarkey]

Give them a call, I thought they offer a 28 day, 1000 mile return.

[ferrariF50lover]

Are we getting legal before speaking to the dealership?

[Timbuk2]

clarkey said:

Give them a call, I thought they offer a 28 day, 1000 mile return.

I've never heard of that and doubt they would let me drive it for a month and then refund it in full!

ferrariF50lover said:

Are we getting legal before speaking to the dealership?

I want to know my rights before I contact the dealer and judging by the carbuyer.co.uk website which I quoted in my first post in bold, if the car breaks in the first 28 days I can return it for a full refund which is what I want to do ASAP.

I just wanted to know the correct procedure before I contact the dealer and get fobbed off buy them!

Thanks.

Edited by Timbuk2 on Tuesday 22 December 13:52

[Rangeroverover]

Why on earth are you talking about legal aid.......civil legal aid doesn't exist unless you are a rare exception..........pay your own legal bill

[KungFuPanda]

If you like the car, why don't you give them an opportunity to repair the diff? Also, on a used car, surely you would expect it to have had a clutch change at some point? Non BMW nuts as well? You must be very eagle eyed.

[Soov535]

The dealership will rectify the problem.

Sounds to me like it's had work done outside the BMW network.


It's not a white one is it??

Because BMW just knocked out about 24 of the ex Palmersport track day cars....... Might explain the new clutch and busted diff LOL.

[Blanchimont]

Rejecting a car because of 1 fault is ridiculous IMO. I've just bought a AUC RenaultSport, and the service meter hadn't been reset and the book not stamped, does that mean I can reject the car?

Instead of shouting reject at the dealer I rang them and spoke to them, I've sent him the service book (as he's the other side of the country) and he talked me through resetting it myself and is covering the cost of sending it to him.

1 little fault is not worth rejecting the car, otherwise people would be taking the car for a month, making a problem shouting reject and getting their money back. I think there's more to this than you're telling us, perhaps an element of buyers remorse?

[Timbuk2]

Rangeroverover said:

Why on earth are you talking about legal aid.......civil legal aid doesn't exist unless you are a rare exception..........pay your own legal bill

Read the first post please.

KungFuPanda said:

If you like the car, why don't you give them an opportunity to repair the diff? Also, on a used car, surely you would expect it to have had a clutch change at some point? Non BMW nuts as well? You must be very eagle eyed.

They are clearly non BMW diff-bolts and nuts - on a car which has supposedly had the 140point AUC check - it makes you think what else have they missed.

A clutch change before 20,000 miles on a DCT car?

[Muzzer79]

Timbuk2 said:

I just bought a BMW AUC E92 M3 from a main BMW dealer.

After the very short test drive I agreed to buy it and then drove it home.

As I have been learning the car I've been driving it a bit harder and a loud banging noise from the rear has become apparent. I also noticed a bit of a whining noise from the diff.

Getting it up on the ramps at a local garage show me a broken rear diff bolt so the diff rocks up and down - obviously the cause of the noise, and damage to the diff has probably occurred.

I want to reject the car, I've only had it since Saturday but am naturally unhappy that they sold it to me like this and it has a few odd nuts underneath that are non BMW and the garage said the clutch has been out at some point too as the nuts were worn.

I have a feeling this car may not be a good one and want to reject it as at 2 years old and 20,000 miles it shouldn't be having any issues.

From the Carbuyer.co.uk website: As of 1 October 2015, the Sale of Goods Act from 1979 will be replaced by the Consumer Rights Act 2015. One important difference is that consumers are entitled to a full refund on any product that is found to be faulty in the first 30 days of ownership. This replaces the previous rule, which stated that retailers only needed to replace or repair the faulty item.

Does this mean I can just send it back to them on the back of an RAC lorry or do I need to inform them first with a rejection letter or email?

I'm not great at legal stuff and want to do it right the first time, I'm happy to take advice and pay for it if necessary!

Thanks in advance for any advice.

Tim

Edited by Timbuk2 on Tuesday 22 December 13:52

So, in summary, you want to reject this car because a diff bolt has broken, it "has a few non-BMW nuts underneath" and the clutch may have been looked at.

Sounds like buyer's remorse to me.

There may be a cooling off period with it being a BMW AUC but if not....

[Timbuk2]

Blanchimont said:

Rejecting a car because of 1 fault is ridiculous IMO. I've just bought a AUC RenaultSport, and the service meter hadn't been reset and the book not stamped, does that mean I can reject the car?

No, because the car didn't break, like mine has.

[Soov535]

Timbuk2 said:

Rangeroverover said:

Why on earth are you talking about legal aid.......civil legal aid doesn't exist unless you are a rare exception..........pay your own legal bill

Read the first post please.

KungFuPanda said:

If you like the car, why don't you give them an opportunity to repair the diff? Also, on a used car, surely you would expect it to have had a clutch change at some point? Non BMW nuts as well? You must be very eagle eyed.

They are clearly non BMW diff-bolts and nuts - on a car which has supposedly had the 140point AUC check - it makes you think what else have they missed.

A clutch change before 20,000 miles on a DCT car?

CAll them

Ask them NICELY if they can replace the bolts with genuine ones.


Enjoy your (warrantied) M3.

[Muzzer79]

Timbuk2 said:

Blanchimont said:

Rejecting a car because of 1 fault is ridiculous IMO. I've just bought a AUC RenaultSport, and the service meter hadn't been reset and the book not stamped, does that mean I can reject the car?

No, because the car didn't break, like mine has.

You are aware that cars can be repaired aren't you? They're not disposable items?

If you want to reject a car because of issues such as some non-OEM nuts and a bolt breaking then you are going to be rejecting a lot of cars......

[kiethton]

Is the car white? What does the reg number begin with?

As said above, if it's one of the 20+ ex track cars shifted through the dealer network over the past few months you'll have far more grounds for rejection. As it stands they'll just fix the problems.

[Wilmslowboy]

Go and speak to the dealer ASAP -
Let them see the damage - Don't leave it

The longer you delay the more there is case that the damage was done on you watch/ownership

Ask to speak to the technician that did the prep work - ask to see the internal paperwork as it went through thier workshop.

I've seen cases where technicians have highlited issues - only for the sakes/ business managers decide it was not worthy of fixing.

Either they cocked up (didn't dpot the issues) and will be very keen to address or they have just been caught being a bit tricksy (in which case I would reject the car).

[Roo]

Timbuk2 said:

No, because the car didn't break, like mine has.

It hasn't broken.

[n3il123]

kiethton said:

Is the car white? What does the reg number begin with?

As said above, if it's one of the 20+ ex track cars shifted through the dealer network over the past few months you'll have far more grounds for rejection. As it stands they'll just fix the problems.

Or one of the silver ones that they use for safety cars at various places, or the ones that have been used at Brands (sitting in the compound behind paddock) as track experience cars.

[Soov535]

n3il123 said:

kiethton said:

Is the car white? What does the reg number begin with?

As said above, if it's one of the 20+ ex track cars shifted through the dealer network over the past few months you'll have far more grounds for rejection. As it stands they'll just fix the problems.

Or one of the silver ones that they use for safety cars at various places, or the ones that have been used at Brands (sitting in the compound behind paddock) as track experience cars.

From the OPs profile it's a silver one.


Could be a track car

• whistle*

Edited by Soov535 on Tuesday 22 December 14:54

[Blanchimont]

Muzzer79 said:

Timbuk2 said:

Blanchimont said:

Rejecting a car because of 1 fault is ridiculous IMO. I've just bought a AUC RenaultSport, and the service meter hadn't been reset and the book not stamped, does that mean I can reject the car?

No, because the car didn't break, like mine has.

You are aware that cars can be repaired aren't you? They're not disposable items?

If you want to reject a car because of issues such as some non-OEM nuts and a bolt breaking then you are going to be rejecting a lot of cars......

Exactly this.

The car didn't break, a bolt failed. If it broke, then it would be in a million pieces, or the engine 500yrds behind there the car ended up.

Your car has a fault, but it is not one that can't be rectified. Speak to the dealer, and if you're the paranoid, get an AA inspection done yourself and compare with the BMW check list.

[n3il123]

Soov535 said:

From the OPs profile it's a silver one.


Could be a track car

• whistle*

Edited by Soov535 on Tuesday 22 December 14:54

Others are available (Oulton Park, Cadwell, Snetterton...)