Rejecting a used car. Some advice please
Rejecting a used car. Some advice please
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schmalex

Original Poster:

13,616 posts

236 months

Saturday 7th September 2013
quotequote all
Folks,

I'm not normally one to make a fuss, but am getting to the end of my tether.

The summary is:

Bought a 2005, 80k mile BMW 630 in April for £10.5k from a large dealer. The car has a full and very impressive service history, which was one of the key deal makers for me.

However, within 2 months of my purchase, it developed a pretty serious fault with the gearbox (slamming into 5th gear when the engine is under load and often going into "Transmission Failsafe")

Took the car back to dealer, who confirm a fault and suggested I take it to a BMW dealer, which I did. They sdvised transmission fluid replacement and software reset, which I did at my cost.

This didn't cure the problem, so the BMW dealer advised a replacement gearbox. I, again spoke to the supplying dealer, who wanted to take the car back for a gearbox rebuild, rather than replacement. This happened and they had the car for a month, returning it last Saturday, advising it was all fixed. I drove it last Sunday, only to find the fault still present.

The car went back to the supplying dealer on Wednesday for further work (they thought it needed software adaption resetting, which they did) and was returned yesterday, following a long test drive, with the supplying dealer saying they were 100% confident the issue was resolved. I collected the car, drove less than 5 miles and upon accelerating, the problem manifested itself again, with the gearbox slamming into 5th gear and the transmission going into "Failsafe mode" once again.

I feel that I have given the dealer ample opportunity to resolve the issue, with them having the car for 4.5 of the last 6 weeks and am now at the point where I feel the only alternative I have is to reject the car and request a refund. Am I being reasonable, or should I request a final fix with a replacement gearbox (as suggested by BMW)?

schmalex

Original Poster:

13,616 posts

236 months

Saturday 7th September 2013
quotequote all
Anyone?

carreauchompeur

18,331 posts

234 months

Saturday 7th September 2013
quotequote all
They would seem to have done all they can with the existing gearbox, so I would insist on a replacement, or failing that a refund- It's a major fault and clearly isn't fit for purpose.

Quite what they were doing with it for a month, I don't know...

Deerfoot

5,255 posts

214 months

Saturday 7th September 2013
quotequote all
Did the car actually have a gearbox rebuild?

If so, I`d let them replace the gearbox if they`re willing to do so (I guess they`re going to be out of pocket though) and tell them, in writing, that if the fault is still there you will have no option but to reject the car.

Good luck.

morgrp

4,128 posts

228 months

Saturday 7th September 2013
quotequote all
Ask to see the receipts for the rebuild - if they claim they don't have them then ask for details of the company who did the repair do you can contact them to discuss the rebuild - if it has been done they should give you this info.

HaloGen8

1,413 posts

159 months

Saturday 7th September 2013
quotequote all
morgrp said:
Ask to see the receipts for the rebuild - if they claim they don't have them then ask for details of the company who did the repair do you can contact them to discuss the rebuild - if it has been done they should give you this info.
^^^ this. Surely a rebuild is documented and I would like to know (as the owner) what fault was found and what the rebuilder did to rectify the 'fault'.


schmalex

Original Poster:

13,616 posts

236 months

Saturday 7th September 2013
quotequote all
I have the paperwork from the rebuild:

New mechatronic unit and new actuatuators.


MarsellusWallace

1,180 posts

231 months

Saturday 7th September 2013
quotequote all
The gearbox repair should have some form of warranty with it-although this does not help you in your situation.

Rejecting a car in your circumstances is a long,frustrating process with no guarantee of success.


HaloGen8

1,413 posts

159 months

Saturday 7th September 2013
quotequote all
schmalex said:
I have the paperwork from the rebuild:

New mechatronic unit and new actuatuators.
We that's a start and good thing, but goes way over my head unfortunately as to what these components do.
Could it be a further software thing? Fault codes need zapping now the 'new' box is in place or could it be related to the accelerator pedal i.e. wrong signal from accelerator so gearbox shifts at the wrong times?

Maybe theses stored fault codes to point to the issue.

Either way a right royal pain in the bum so far OP.

schmalex

Original Poster:

13,616 posts

236 months

Saturday 7th September 2013
quotequote all
It's not software... That was the reason it was back in this week - to get the gearbox software reset.

I'm in 2 minds as to how to continue, as, apart from this major issue, the car is perfect.

daemon

40,169 posts

227 months

Saturday 7th September 2013
quotequote all
schmalex said:
It's not software... That was the reason it was back in this week - to get the gearbox software reset.

I'm in 2 minds as to how to continue, as, apart from this major issue, the car is perfect.
Decide what you want and sit down with the sales manager / after sales manager.

If its a full refund then you're basically saying enoughs enough, i've given you the opportunity repeatedly to fix this and i want a refund.

OR you've had your solution at it, now please do as BMW said and replace the gearbox.

My only thinking would be that if you do go down the pressing for a new gearbox route, they would be financially better off to refund you and sell the car through an auction, which is a decision they are entitled to make (ie, you cant force them to fix it if its a better business decision for them to refund)


Edited by daemon on Saturday 7th September 17:55

schmalex

Original Poster:

13,616 posts

236 months

Saturday 7th September 2013
quotequote all
Agree totally. BMW quoted me £5,300 for a new gearbox, fitted. There is no way they had that much in the car (plus whatever they've already spent).

I've got a meeting with them on Monday morning when the car goes back in again, so we'll see. In the dealers defence, aside from not being able to fix the problem, their care and attention have been excellent thus far.

loafer123

16,751 posts

245 months

Saturday 7th September 2013
quotequote all
schmalex said:
Agree totally. BMW quoted me £5,300 for a new gearbox, fitted. There is no way they had that much in the car (plus whatever they've already spent).

I've got a meeting with them on Monday morning when the car goes back in again, so we'll see. In the dealers defence, aside from not being able to fix the problem, their care and attention have been excellent thus far.
It does sound like the dealer is trying to do the right thing, so see how you get on on Monday, but if they don't want to replace the gearbox, I would expect a refund.


cts1975

379 posts

198 months

Saturday 7th September 2013
quotequote all
How did you pay for the BMW?
Did you pay any part of the balance with a credit/debit card?

The dealer is obliged to replace, refund or repair.

Try to correspond with the dealer by email where possible.



Edited by cts1975 on Saturday 7th September 18:43

cts1975

379 posts

198 months

Saturday 7th September 2013
quotequote all
How did you pay for the BMW?
Did you pay any part of the balance with a credit/debit card?

schmalex

Original Poster:

13,616 posts

236 months

Saturday 7th September 2013
quotequote all
Trade in plus small balance paid on CC

schmalex

Original Poster:

13,616 posts

236 months

Saturday 7th September 2013
quotequote all
I think I'm going to craft an email, requesting either a new gearbox fitted, or full refund, giving them 24 hours to decide their preferred course of action. I'll meet with the MD first thing, advise him the same and send the email as documented correspondence. I'm sanguine as to their chosen approach, as I like the car, but equally, I like a working car more!!

Condi

20,501 posts

201 months

Saturday 7th September 2013
quotequote all
If they've been reasonable then take them out with you and show them the problem. From them on its surely very obvious that there is a fault and make it plain you are running out of patience. They should offer a refund or replacement box.

schmalex

Original Poster:

13,616 posts

236 months

Saturday 7th September 2013
quotequote all
I've agreed to take them out at 0800 Monday morning. It's a pretty obvious fault, with the car feeling like its been rear ended by a truck 8 / 10 times it changes into 5th when the engine is under load

HaloGen8

1,413 posts

159 months

Saturday 7th September 2013
quotequote all
schmalex said:
I've agreed to take them out at 0800 Monday morning. It's a pretty obvious fault, with the car feeling like its been rear ended by a truck 8 / 10 times it changes into 5th when the engine is under load
I agree with your thought process OP but it does sound as though it could be something other than the gearbox. That sounds the obvious choice but a load or throttle position sensor could be giving the wrong signals to the auto box hence it's decision to change into 5th.

Throttle position sensor even wheel speed sensor causing the upshift?

Fingers crossed for you.