Rejecting a car within 30 days, How?

[phib]

I hope this is the right forum, if not mod please move.

We recently bought an aprroved used BMW.

The deposit was placed over the phone (distance selling) and the dealer then got the car in from another dealer within their group.

We then test drove the car and were happy with it apart from 3 or 4 things that were wrong with it, coupl eof scuffs (rectified) and a vibration through the steering wheel which gets worse with braking c. 70mph ish I wouldnt mind but the car is used to go to work 140 miles each way of mainly motorway driving ! so constant vibration.

We were tlod all would be put right before collection.

Picked it up and basically the vibration is still there, dealer offered to look at it but I can see this being a fight just on their stance.

So I want to be fair and give them every chance to fix it but also want to know my position worse case!

Any advice would be very welcome.

Thanks

Phib

[CarCrazyDad]

phib said:

I hope this is the right forum, if not mod please move.

We recently bought an aprroved used BMW.

The deposit was placed over the phone (distance selling) and the dealer then got the car in from another dealer within their group.

We then test drove the car and were happy with it apart from 3 or 4 things that were wrong with it, coupl eof scuffs (rectified) and a vibration through the steering wheel which gets worse with braking c. 70mph ish I wouldnt mind but the car is used to go to work 140 miles each way of mainly motorway driving ! so constant vibration.

We were tlod all would be put right before collection.

Picked it up and basically the vibration is still there, dealer offered to look at it but I can see this being a fight just on their stance.

So I want to be fair and give them every chance to fix it but also want to know my position worse case!

Any advice would be very welcome.

Thanks

Phib

Don't you need to let them have a chance?


What are their terms that you agreed to when purchasing?

Most approved used schemes have a no quibble 30 day return...


The vibration is likely warped discs or something to do with the braking mechanism?

Can't imagine it would need more than discs and pads.... so no need to go for the Nuclear reaction purely for what is a candlestick problem.

I've had a couple of BMW's now and as with everything it's hit and miss but GENERALLY the dealers I've interacted with are really helpful and polite.

[mikedm1983]

Distance selling doesn’t come into it. You’ve been on site and inspected the car before you completed the transaction. FACT.

The shaking is one of two things…wheel balancing and/or warped brake disks. Stop being awkward and allow the dealer to rectify the issue. It’ll cost you the insurance set up fee and your own time with the inconvenience of having to find another car. Allowing the dealer to fix the teething issues on a used car is your best option.

[phib]

I probably havent written this very well.

Dont want to go nuclear just need to make sure ai follow any procedure / dont get caught out.

I will be either : disks, pads, tyre, wheel, suspension arms / bushes etc

It was noted by my in writing to them that they would fix a number of minor issues (including the judder) pre collection.

There first stance was oh we dont think there is one followed by, we can see it in a few weeks, which gets close to the 30 days.

Phib

[GTEYE]

What kind of BMW is it and does it have runflats.

From experience, they are very sensitive to wheel balancing, if it vibrates before the brakes are applied that's where i'd start looking.

It's not a cause for rejecting the car though, unless there's something else you don't like...

[CarCrazyDad]

phib said:

I probably havent written this very well.

Dont want to go nuclear just need to make sure ai follow any procedure / dont get caught out.

I will be either : disks, pads, tyre, wheel, suspension arms / bushes etc

It was noted by my in writing to them that they would fix a number of minor issues (including the judder) pre collection.

There first stance was oh we dont think there is one followed by, we can see it in a few weeks, which gets close to the 30 days.

Phib

If you report an issue on Day 2 I don't believe that impacts the right to rejection if the issue is still present at Day 32 and hasn't been resolved.
Can you not go to another dealer in the mean time to resolve ? Your BMW warranty is equally valid at any dealer, and I'm sure that for example Synter can bill Dick Lovett for warranty work etc.



But, rejection over some minor vibration is nuclear (which is almost certainly going to be warped brakes, it's very common on BMWs and other automatics because you often sit on the brake for example if you've just stopped from 80mph coming off the motorway, and that can transfer pad deposits to the disc making them out of balance or appear warped).

As mentioned it would probably cost you a lot in time / effort / insurance / admin work to return the car, probably cheaper to simply put new discs and pads on at your own cost ! (Although I agree BMW should do it).

One thing you can try is repeated hard braking (so you can get to 70/80mph and then brake hard to 20-30 mph ) and do that 8-10 times, you should be smelling your brakes. If it is pad deposits this can often clear it up. Motorway at 2am would work

It doesn't even seem like you've given them a chance to resolve, rightly or wrongly it seems to have been missed in the pre-delivery part, I'd be annoyed but it sounds like they've said they'd resolve it so let them?

[LightningBlue]

CarCrazyDad said:

If you report an issue on Day 2 I don't believe that impacts the right to rejection if the issue is still present at Day 32 and hasn't been resolved.
Can you not go to another dealer in the mean time to resolve ? Your BMW warranty is equally valid at any dealer, and I'm sure that for example Synter can bill Dick Lovett for warranty work etc.

Warranty doesn’t come into it as it’s a pre-existing fault at the time of sale. Another dealer might be helpful and speak to and bill the supplying dealer to rectify the car but they have no obligation to do that. The OP will have to be prepared to travel back unfortunately.

[phib]

Thanks for the feedback, I am not trying to be dramatic !!

The supplying dealer is 5 mins from home so all good there and they may will fix it which I would be very happy about as I love everything else about the car.

The vibration is bad not just a little judder.

Anyway been into another dealer to have it given a quick once over on the ramp and thier very basic view is :

2 alloys bent not covered by warranty
Needs new discs and pads not covered by warranty
Movement in lower control arm bushes not covered by warranty

And to answer a couple of questions, yes it has runflats.

Ive done c. 300 miles in the car and there isnt another car I would prefer, the frustration is I partexchanged a perfectly good car for one that needs a bit of work.

Hopefully the supplying dealer rectifiys

Phib

Edited by phib on Friday 1st October 14:31

[RudeBoy]

phib said:

Thanks for the feedback, I am not trying to be dramatic !!

The supplying dealer is 5 mins from home so all good there and they may will fix it which I would be very happy about as I love everything else about the car.

The vibration is bad not just a little judder.

Anyway been into another dealer to have it given a quick once over on the ramp and thier very basic view is :

2 alloys bent
Needs new discs and pads
Movement in lower control arm bushes

And to answer a couple of questions, yes it has runflats.

Ive done c. 300 miles in the car and there isnt another car I would prefer, the frustration is I partexchanged a perfectly good car for one that needs a bit of work.

Hopefully the supplying dealer rectifiys

Phib

Be ready for the wheels were fine when it went through out very strict 101 point inspection.

[Trevor555]

phib said:

Thanks for the feedback, I am not trying to be dramatic !!

The vibration is bad not just a little judder.

Anyway been into another dealer to have it given a quick once over on the ramp and thier very basic view is :

2 alloys bent not covered by warranty
Needs new discs and pads not covered by warranty
Movement in lower control arm bushes not covered by warranty

Phib

Edited by phib on Friday 1st October 14:31

Nothing to do with the warranty.

They're issues that were present at the time of sale, unless you've been bouncing your wheels off kerbs of course.

So much for their "Bmw used approved" pre sale checks.

I'd be pretty pee'd off.

[Canon_Fodder]

A lawyer opines on a similar case

https://retailmotorlaw.co.uk/index.php?option=com_...ur-company&Itemid=78

[cayman-black]

phib said:

Thanks for the feedback, I am not trying to be dramatic !!

The supplying dealer is 5 mins from home so all good there and they may will fix it which I would be very happy about as I love everything else about the car.

The vibration is bad not just a little judder.

Anyway been into another dealer to have it given a quick once over on the ramp and thier very basic view is :

2 alloys bent not covered by warranty
Needs new discs and pads not covered by warranty
Movement in lower control arm bushes not covered by warranty

And to answer a couple of questions, yes it has runflats.





Ive done c. 300 miles in the car and there isnt another car I would prefer, the frustration is I partexchanged a perfectly good car for one that needs a bit of work.

Hopefully the supplying dealer rectifiys

Phib

Edited by phib on Friday 1st October 14:31

lol. and this has been sold like this from a BMW main dealer? Well i would be as another poster put it going nuclear. imo totally unacceptable.

Edited by cayman-black on Friday 1st October 14:49

[Wagonwheel555]

phib said:

Thanks for the feedback, I am not trying to be dramatic !!

The supplying dealer is 5 mins from home so all good there and they may will fix it which I would be very happy about as I love everything else about the car.

The vibration is bad not just a little judder.

Anyway been into another dealer to have it given a quick once over on the ramp and thier very basic view is :

2 alloys bent not covered by warranty
Needs new discs and pads not covered by warranty
Movement in lower control arm bushes not covered by warranty

And to answer a couple of questions, yes it has runflats.

Ive done c. 300 miles in the car and there isnt another car I would prefer, the frustration is I partexchanged a perfectly good car for one that needs a bit of work.

Hopefully the supplying dealer rectifiys

Phib

Edited by phib on Friday 1st October 14:31

How many miles has the car got on it? AUC tend to be 5-6 years old at most so surprised it needs lower control arm bushes already, they tend to be a 90k-100k+ miles thing.

My experience of AUC BMW has been nothing but positive, they even replaced an adaptive suspension strut because it had an advisory at the last MOT for 'light misting of oil' without me even asking them to, refurbed all alloys, did a full major service and replaced two tyres which had small cracks.

I guess every dealer varies but for a £16k car (cheap by AUC standards), the dealer could not have been more helpful.

[phib]

its done 40k and is 5.5 years old so yes at the older end of the AUC BMW's but at the end of the day you do pay a small premium to hopefully have them prepared to a good standard.

Well I have waited all day for them to come back to me with a date to look at it and nothing !

Frustrating

Phib

[Wagonwheel555]

phib said:

its done 40k and is 5.5 years old so yes at the older end of the AUC BMW's but at the end of the day you do pay a small premium to hopefully have them prepared to a good standard.

Well I have waited all day for them to come back to me with a date to look at it and nothing !

Frustrating

Phib

Sounds like a fair amount of wear for 40k miles.

Discs and pads need replacing but the dealer should be doing that prior to sale, they would have measured the pad thickness and replaced if below a limit.

Presumably it had an MOT prior to sale too?

I’ve owned numerous BMWs and have never needed control arm bushes at such low mileage.

[nick1871]

I bought an AUC BMW which also had warped discs on the front, they changed the discs and pads FOC after a little bit of to and fro, you should be ok.

They should replace make good the other bits too, warranty not needed, these are defects that were present when you bought the car, Consumer rights act 2015 is your friend here!

[Sidekickwilson]

Do you have the list of faults to be rectified in writing? As in between you and the dealer. Don’t trust them with a verbal agreement. I had an approved used Skoda that was sold with a fresh Mot but totally knackered front brakes - very bad judder when braking from speed. It also had a non working radio. Both were fixed (new discs, pads and aerial) when I threatened the small claims court but the car had been checked and mot’d and still released in a dangerous state - this was a covid collection so only spotted when driven away. Don’t trust any main dealer….sorry but this is far from my only poor main dealer experience across various brands.

[phib]

Sidekickwilson said:

Do you have the list of faults to be rectified in writing? As in between you and the dealer. Don’t trust them with a verbal agreement. I had an approved used Skoda that was sold with a fresh Mot but totally knackered front brakes - very bad judder when braking from speed. It also had a non working radio. Both were fixed (new discs, pads and aerial) when I threatened the small claims court but the car had been checked and mot’d and still released in a dangerous state - this was a covid collection so only spotted when driven away. Don’t trust any main dealer….sorry but this is far from my only poor main dealer experience across various brands.

Fortunately, yes I have it in writing pre and post sales that the car needed the judder fixing.

Their current argument seems to be there isnt a judder. I since found out that it failed two MOT's ( 10 miles apart) whilst at the garage for bulges in both nearside tyres.

Phib

[Trevor555]

And let me guess, they've said the wheels are only slightly bent so don't warrant changing?

Next you'll get the terms

"it performs as expected"

"no fault found"

Go into the showroom and make as much noise as possible.

[griffter]

It sounds like you’ve got two buckled wheels. The cost to the dealer of replacing with new (which they’ll be obliged to do) will be quite high. I’d expect a fight.

Personally, if you’re prepared to do it I’d reject if you can if the terms and timing of sale allow and move on.

Alternatively, depending on the wheels, you could probably source two good used ones yourself but of course you shouldn’t have to (been there, done that!).