Misrepresentation by BMW Dealers

[taffyracer]

The initial message was deleted from this topic on 20 July 2010 at 19:56

[chr15b]

question: did you not check the car out yourself prior to agreeing purchase?

[arfur daley]

just dont buy a bmw.

[Tango13]

taffyracer said:

chr15b said:

question: did you not check the car out yourself prior to agreeing purchase?

No the deal was done over the phone as they are a 300 miles away in the wrong direction, why does that affect it, they told me it was a 2010 car and 2010 spec, it's not and they knew it wasn't

Edited by taffyracer on Saturday 17th July 18:19

Is there not a law about buying stuff over the phone and being able to return it if it's not "fit for purpose"? I remember reading about it in SP & L

edit for spelling and it was distance selling regs I was thinking of, just couldn't remember what they were called

Edited by Tango13 on Sunday 18th July 12:03

[B16JUS]

if it was done over the phone and either a payment or deposit was sent then you should be covered under the distance selling rule read up on it

J

[B16JUS]

Then that would fall under the distance selling regulation.

read up on it asap

[Beardy10]

The dealer will fob you off unless you get serious.....standard practice. Try distance selling and also give the SMMT a call they can be surprisingly good at getting results out of dealers/manufacturers. I wouldn't waste your time with BMW UK.

I assume you raised the issue as soon as the car arrived ? Did you sign for the car ?

[TWOKWACKS]

BMW changes the model year of their cars in sept, so your sept 2009 built x6 is in fact a 2010 model year.Even so it's not very fair selling a car imo as just rolled out of the factory when its been sat around for 6 months. Good luck.

[Fox-]

TWOKWACKS said:

BMW changes the model year of their cars in sept, so your sept 2009 built x6 is in fact a 2010 model year

Surely not or it would by MY2010 spec which its quite clear this car is not.

[Bri957]

Small claims court.

My father experienced something very similar with BMW, went after them for the extra road tax incurred by the different emmisions rating and increased depreciation. They paid up the afternoon before the court date.

[Silent1]

arfur daley said:

just dont buy a bmw.

What a fking useful post that was.

As for the OP, i'm presuming this is definitely a 2009 spec as you know the difference between the i-drives? I only say as like another poster mentioned that is the changeover month, what is the date of manufacture in the engine bay?

[Vixpy1]

If its defo a 2009 spec car and you were told its a 2010 then they should take it back and either give you the right car or a full refund. Its a clear cut case of misrepresentation

[Deva Link]

taffyracer said:

it's a company purchase though so not sure if that applies to business to business transactions

Correct. Sometimes it's possible to apply consumer based legislation to business contracts, but it's not as straightforward. It's not even straightforward for consumers.

OP: Was it Approved Used? You *might* be able to return it within 30 days but, strictly, that's for faults.

[Andy Meads]

Depending on precisely how the car was described, you may have the right to reject it on the basis that it does not conform to its description. If the contract certainly was for a 2010 specification rather than merely a 2010 registered car, then the vehicle is not as described and may be rejected. This applies to a business purchase, too. The practicalities are difficult, but I would consider expressly rejecting the car now before the right to reject is lost.

A letter from a solicitor might get their attention.

[Soovy]

Letter to the dealer principal, giving him seven days to sort it, otherwise it's in the hands of your solicitor.

If your story is accurate this is 100% fraudulent misrepresentation.

[Not Ideal]

Shocking.

Please let us know how you get on.

[Deva Link]

taffyracer said:

....BMW UK really should vet the quality of their dealers and their sales practices more closely

You don't read this forum much, do you?

[taffyracer]

Soovy said:

Letter to the dealer principal, giving him seven days to sort it, otherwise it's in the hands of your solicitor.

If your story is accurate this is 100% fraudulent misrepresentation.

Being done today, I also have not signed the V5 document so it's still registered to them and will not until this is resolved

[Soovy]

taffyracer said:

Soovy said:

Letter to the dealer principal, giving him seven days to sort it, otherwise it's in the hands of your solicitor.

If your story is accurate this is 100% fraudulent misrepresentation.

Being done today, I also have not signed the V5 document so it's still registered to them and will not until this is resolved

I've PM'd you so you can contact me for help.

I'll send you an "Exocet" letter.

[Donut]

I was with BMW (sales) for ten years, they sold you the car as 2010 registered car, no reference to the model year.....

Telephone BMW UK, they will try and brush it off but keep telephoning and writing and you will get what you want, there were two or three amazingly generous handouts that i've seen.