Help Advice Needed
Discussion
Yet again I turn to PH only this time its on behalf of a friend i work with.....Rather her than me! Ive gave him my views for what they are worth but i promised id pop a post on here and see if anyone picks on anything ive missed!
To put it as simple as possible - 120d Msport driving to work this morning, timing chain has gone at first rac thought it was the turbo as there was no power but it was the chain, it was fine last night but this morning from the moment she fired it up it was sounding rough and had no power drove it about 15 yards as it didnt have enough power to get up the hill. BMW have done the diagnostics and confirmed this. Estimate of about £3500-£4000 as its likely to need a rebuild.
Dilemma is what to do with the car and BMW, its been serviced at every interval by BMW since new, mot'd by them too, shes had it from new but had finance on the car....the balloon payment of £9500 is due next week - what would everyones advice be, fix it pay for it and keep the car which she doesnt want or let them have the car and be liable for any damage/losses they incur due to her ownership - personally id refuse to pay it let them sue me for damages as i believe in court they would see that you have taken reasonable measure to maintain the car, it is immaculate, been serviced by them and MOT'd yesterday by them - its not due to be re tensioned or replaced from what ive read (hopefully someone on here will know??) I think under consumer rights and some other acts they would be liable for the failure of the part and the costs incurred leaving her to only be liable for the difference from what they fetch at auction to the agreed value.
Whats everyone's thoughts? Ive only ever had to deal with a car finance company once so dont have a great deal of experience so im hoping i can help her via this thread! She has to act fast whatever she does, ive told her to contact BMW tomorrow immediately and complain about the issue and explain the situation and also speak to the consumer advice bureau / office of fair trading for someone who would know alot more than me but would be great for anyone in the future that is left in a similar position and for her to get everyone else's views!
Cheers,
Andy
To put it as simple as possible - 120d Msport driving to work this morning, timing chain has gone at first rac thought it was the turbo as there was no power but it was the chain, it was fine last night but this morning from the moment she fired it up it was sounding rough and had no power drove it about 15 yards as it didnt have enough power to get up the hill. BMW have done the diagnostics and confirmed this. Estimate of about £3500-£4000 as its likely to need a rebuild.
Dilemma is what to do with the car and BMW, its been serviced at every interval by BMW since new, mot'd by them too, shes had it from new but had finance on the car....the balloon payment of £9500 is due next week - what would everyones advice be, fix it pay for it and keep the car which she doesnt want or let them have the car and be liable for any damage/losses they incur due to her ownership - personally id refuse to pay it let them sue me for damages as i believe in court they would see that you have taken reasonable measure to maintain the car, it is immaculate, been serviced by them and MOT'd yesterday by them - its not due to be re tensioned or replaced from what ive read (hopefully someone on here will know??) I think under consumer rights and some other acts they would be liable for the failure of the part and the costs incurred leaving her to only be liable for the difference from what they fetch at auction to the agreed value.
Whats everyone's thoughts? Ive only ever had to deal with a car finance company once so dont have a great deal of experience so im hoping i can help her via this thread! She has to act fast whatever she does, ive told her to contact BMW tomorrow immediately and complain about the issue and explain the situation and also speak to the consumer advice bureau / office of fair trading for someone who would know alot more than me but would be great for anyone in the future that is left in a similar position and for her to get everyone else's views!
Cheers,
Andy
about 11 months out of Warranty, its been looked after by the same BMW main dealer for every service on the car and the single MOT its had, i would of thought goodwill is on the cards but i dont think they are having much luck at getting through to the right person....Who would you all be talking too?
I would be talking to both the dealer and BMW UK direct yourself; they will likely get into an arguement with each other as to who will take cost of any goodwill repair, its in your interests to have dialogue with both parties and make it clear to each that you are aware of the dynamic between them, you don't care who sorts it as long as someone does, PDQ - then you are less likely to get caught in the middle with both sides fobbing you off as the other ones problem.
If you have to, one suggestion you could make as a compromise is that you 'retrospectively' take out one of their extended warranties (that you could have got 11 months ago) ie you pay the cost 1 year of that warranty towards the repair.
But if its <4 years, old with the history and miles you describe I would be very adamant that the goods aren't "fit for purpose". If car had done 120k miles then unlucky, but at 65k BWM should pay.
Hope this helps, good luck.
If you have to, one suggestion you could make as a compromise is that you 'retrospectively' take out one of their extended warranties (that you could have got 11 months ago) ie you pay the cost 1 year of that warranty towards the repair.
But if its <4 years, old with the history and miles you describe I would be very adamant that the goods aren't "fit for purpose". If car had done 120k miles then unlucky, but at 65k BWM should pay.
Hope this helps, good luck.
Gassing Station | BMW General | Top of Page | What's New | My Stuff