BMW threatening legal action after PX

[luqi129]

Hi, I hope you guys can help me..

I part exchanged my BMW after owning it for over 6 months for another BMW. A week later I have had the dealership contact me stating they want to reverse the deal as they found the car to be previously damage repaired.

I was absolutely devastated on this news however when we agreed on the part exchange they thoroughly checked the car and was happy to offer me the trade value.

I have been contacted by their legal representative to reverse the transaction or else they will go though court. Can they take my car back from me in this case even though I wasn’t aware of any of this nor have I ever claimed and damage from insurance. See what they sent me below and I hope you all can advise me on what to do as I wasn’t aware of any damage to the car etc?

Those transactions occurred on our client’s standard trading terms, one of which was your warranty on the Used Vehicle Purchase Invoice that:
“6. The Vehicle has not been involved in an accident which resulted in a total loss.”
We note that you signed the list of warranties dated 23rd July 2020. We enclose for the avoidance of doubt both the Used Vehicle Purchase Invoice and our client’s terms and conditions on the reverse. Clause 17.1.1 of those terms and conditions states the following:

Page 2 of 3 “That the Dealer accepts the used vehicle in reliance of the warranties granted by the Customer
overleaf, including but not limited to the age, mileage and condition of the vehicle.”
Clause 17.6 protects our client, in the case of breach of such warranties, that in the event of non-fulfilment of any foregoing conditions, the dealer is discharged from obligations to accept the Vehicle or make any allowance for it, and the customer is required to discharge in cash the full price of the Goods to be supplied by the dealer.

[The Rotrex Kid]

Sounds odd that they didn’t HPI check it.

Was it a write off?

[itcaptainslow]

luqi129 said:

Hi, I hope you guys can help me..

I part exchanged my BMW after owning it for over 6 months for another BMW. A week later I have had the dealership contact me stating they want to reverse the deal as they found the car to be previously damage repaired.

I was absolutely devastated on this news however when we agreed on the part exchange they thoroughly checked the car and was happy to offer me the trade value.

I have been contacted by their legal representative to reverse the transaction or else they will go though court. Can they take my car back from me in this case even though I wasn’t aware of any of this nor have I ever claimed and damage from insurance. See what they sent me below and I hope you all can advise me on what to do as I wasn’t aware of any damage to the car etc?

Those transactions occurred on our client’s standard trading terms, one of which was your warranty on the Used Vehicle Purchase Invoice that:
“6. The Vehicle has not been involved in an accident which resulted in a total loss.”
We note that you signed the list of warranties dated 23rd July 2020. We enclose for the avoidance of doubt both the Used Vehicle Purchase Invoice and our client’s terms and conditions on the reverse. Clause 17.1.1 of those terms and conditions states the following:

Page 2 of 3 “That the Dealer accepts the used vehicle in reliance of the warranties granted by the Customer
overleaf, including but not limited to the age, mileage and condition of the vehicle.”
Clause 17.6 protects our client, in the case of breach of such warranties, that in the event of non-fulfilment of any foregoing conditions, the dealer is discharged from obligations to accept the Vehicle or make any allowance for it, and the customer is required to discharge in cash the full price of the Goods to be supplied by the dealer.

I guess the first question should be “Does the car have a Cat write off mark against it?”

[shopper150]

You don’t make it clear whether it was previously damaged repaired or written off?
Big difference

[luqi129]

The Rotrex Kid said:

Sounds odd that they didn’t HPI check it.

Was it a write off?

No, the car wasn’t a write off and HPI was clear when I brought it and BMW also did a HpI check and it was clear.

[SteveR1979]

luqi129 said:

No, the car wasn’t a write off and HPI was clear when I brought it and BMW also did a HpI check and it was clear.

I would say not your problem then.

[The Rotrex Kid]

luqi129 said:

The Rotrex Kid said:

Sounds odd that they didn’t HPI check it.

Was it a write off?

No, the car wasn’t a write off and HPI was clear when I brought it and BMW also did a HpI check and it was clear.

I’m struggling to see how they can claim it’s been a total loss when it hasn’t.

If they’ve HPI checked the vehicle and that was clear, then it turns out it isn’t, they need to be taking that up with HPI.

[IanJ9375]

luqi129 said:

No, the car wasn’t a write off and HPI was clear when I brought it and BMW also did a HpI check and it was clear.

Then it hasn't been involved in a total loss claim?

Are they saying it's been taken off the register at some point or has a later one now shown up the claim?

[Rameez-Q]

Was it declared a write off in your ownership? If so contact your insurance to find out why, they'll be the only ones who could do so.

Another possibility is that it could be linked to a registration plate?

[anonymous-user]

In my experience, unless there has been an attempt to cover up the issue - whether obvious or not - the it's the dealers problem, not yours.

They're just trying to recoup their losses and most will buckle under the court threat.

[The Rotrex Kid]

OP, what’s the reg number? I’ll see what HPI says.

[Court_S]

Run it through VCheck.

They’re supposedly a bit more thorough than HPI. It’s thrown up a few things on BabyBMW that wouldn’t have shown up through HPI.

[NewUsername]

Clearly you know it’s been repaired but is not on the hpi list and are using the question “has it been a total loss etc” as your only disclosure?

Has it been repaired in your custody? Irrespective of HPI markers etc

[luqi129]

It’s still as HpI clear. It seems when they probably gave it a service for resale they may have found some damage on the car of which I had no idea of.

[luqi129]

NewUsername said:

Clearly you know it’s been repaired but is not on the hpi list and are using the question “has it been a total loss etc” as your only disclosure?

Has it been repaired in your custody? Irrespective of HPI markers etc

It hasn’t been in any accident or any repair in my ownership. I was never aware of it

[Macneil]

There’s no mention of taking back your car, only you making good the trade in value in cash. So you can have your old car back, thank you very much, please reimburse us what we gave you as part exchange value.

[James-m5qjf]

Seems very odd, I would stand your ground. The damage could have been done in their possession.

I recently purchased an approved used BMW (HPI clear) that I’ve now noticed has had some repair work on the front bumper, it’s minimal and hardly noticeably, but maybe I should contact BMW!

Edited by James-m5qjf on Monday 7th September 20:16

[NewUsername]

luqi129 said:

NewUsername said:

Clearly you know it’s been repaired but is not on the hpi list and are using the question “has it been a total loss etc” as your only disclosure?

Has it been repaired in your custody? Irrespective of HPI markers etc

It hasn’t been in any accident or any repair in my ownership. I was never aware of it

Probably a pre delivery repair then

Stand your ground

[Driver101]

Why do these things always happen to new members?

Never heard of this scenario before.

[TheBMWDriver]

If you have a HPI check to show it was not a total
Loss then just send them a copy and that should be the end of it.