BMW warranty voided due to immobiliser
Discussion
I would like to understand the implications of this FOS decision on the Allianz policy and the rejection of future claims.
I remember FOS issuing guidance to insurers in other P&C lines, namely travel. So I wonder if this will happen here in terms of jurisprudence.
The policy clearly states "alterations" in the wording and we now know that fitting an immobiliser is not an alteration from a claim decision point if view.
But what is an alteration then and does that mean that the FOS will determine the merit of a claim? I suspect a lot of punters don't even know about this recourse.
I remember FOS issuing guidance to insurers in other P&C lines, namely travel. So I wonder if this will happen here in terms of jurisprudence.
The policy clearly states "alterations" in the wording and we now know that fitting an immobiliser is not an alteration from a claim decision point if view.
But what is an alteration then and does that mean that the FOS will determine the merit of a claim? I suspect a lot of punters don't even know about this recourse.
The saga continues.
Engine was fitted two weeks ago, parts were missing that I could see visibly, 170 miles in 1 litre of oil was needed (the dealership said it’s probably due to an air pocket 🤣), at 650 miles another litre was needed. The excuse then was it’s running 5w30 as a running in oil and it should be fine once 10w60 is added after running in.
Running in service was completed last week with no leaks found on the engine, 100 miles in the undertray decided to fly off on the motorway while having my family in the car with me. If this hit my tyre it almost certainly would’ve been fatal. 500 miles in another litre of oil has been used.
To say it’s been a s
t show is an understatement, I think this needs to be escalated to BMW UK as it’s now almost 18 months into ownership and I’ve used the car for two weeks. Pathetic.
Engine was fitted two weeks ago, parts were missing that I could see visibly, 170 miles in 1 litre of oil was needed (the dealership said it’s probably due to an air pocket 🤣), at 650 miles another litre was needed. The excuse then was it’s running 5w30 as a running in oil and it should be fine once 10w60 is added after running in.
Running in service was completed last week with no leaks found on the engine, 100 miles in the undertray decided to fly off on the motorway while having my family in the car with me. If this hit my tyre it almost certainly would’ve been fatal. 500 miles in another litre of oil has been used.
To say it’s been a s
t show is an understatement, I think this needs to be escalated to BMW UK as it’s now almost 18 months into ownership and I’ve used the car for two weeks. Pathetic.CarCrazyDad said:
Really sorry to hear of your continuing problems.
I assume you have dumped the car back at the BMW Dealer after speaking with the service manager, and I trust they give you a complimentary courtesy car (M car or something nice) as means of an apology.
It’s been there since Tuesday. Of course I’ve been given a beautiful X2 as a courtesy car…I assume you have dumped the car back at the BMW Dealer after speaking with the service manager, and I trust they give you a complimentary courtesy car (M car or something nice) as means of an apology.
Update time
Since the last update I gave you guys in 2022, I had been in touch with BMW AG and BMW UK. They had stepped in to try resolve a multitude of issues on my car which had occurred when my dealer worked on it:
-new engine drinking an exuberant amount of oil
-steering feeling heavier and not performing as it should
-body work damage
-parts missing off the new engine
-suspension issues
-brake issues
Another new engine was ordered as it was deemed that it had failed prematurely (within 1000miles). All other points were addressed by the BMW technical manager and parts were replaced. But in regards to my steering issues, he ran in the car with the new engine and stated that my car drove completely fine when he removed my hub centric spacers (10mm).
The car was returned to me in the end of summer 2022. I could still notice the heavier steering and that it did not feel natural, but maybe, after all the issues I’ve had it might just be my mind playing tricks on me. The brake fluid was due 3 weeks earlier, my car was with the technical manager for a month, so of course he ignored the service light and expected me or book my car in again immediately after picking it up!
Within 3 days of driving, the power steering completely failed. Off it went back to the dealers. Power steering reservoir and hydraulic fluid was replaced. Picked up the car again and took it in for a geo set up at well known specialist. As soon as he moved the car he said “Your steering is f****d.” By chance, another E60 M5 was on site, side by side comparison showed that he was indeed correct.
I informed my dealer of this, who spoke to BMW Technical. Their diagnosis, without inspecting the car, was that all steering components including steering rack, power steering pump, lines etc needed to be replaced at a cost of over £6,000 and they won’t be covering it as my wheel spacers have caused my rack to wear out.
I’ll admit, I did have a slight chuckle as I didn’t think they were being serious. But they were. I replied with, are you sure it’s nothing to do with the fact that you’ve taken my engine in and out 4 times and that I only noticed this issue immediately after the first replacement? They flat out denied it.
I could not be bothered with chasing them again, so I opened an Ombudsman case yet again, put myself into a hire car, and left the M5 in the garage, broken yet again.
Fast forward to end of summer in 2023, the Ombudsman picked up the case. I then received calls from the dealership principal, on a private number, who said he’s willing to repair the steering entirely as a gesture of good will but will not be paying for the hire car. I told him the fact he’s standing by the ridiculous excuse of spacers causing the damage, I would rather continue the case and use specialist testimonies and inspections to destroy their logic. The dealership then instructed solicitors to work on their behalf.
I had managed to obtain the BMW ISTA instructions for removing and replacing the engine on my car. You wouldn’t be able to make it up, at the bottom in bold, it says “IMPORTANT: RISK OF DAMAGE TO STEERING GEAR AND OIL SUMP.” Busted.
The ombudsman is currently in the final stages of his investigation, I’ve sent across all of my evidence and testimonies that disprove what BMW have been saying. I requested the job cards for my car from the Ombudsman. BMW sent across the cards from the second replacement. Upon closer inspection, it is written in the notes, clutch and flywheel failed prematurely and has been authorised for replacement. I was never told about this damaged clutch and flywheel, who caused it and who is paying for it.
I have then spoken to someone who works for BMW and she told me that every job card has to be signed by the customer in order for work to be authorised. Without it, it is void. The job card, under customer signature, has been signed. Fraudulently. It looks nothing like my signature. I have never signed any job cards for my car.
I went to the dealership this week to make them aware that I’ve been a victim of fraud to which I was told I am banned from the dealership and cannot be on site. I said can I book in my brother in laws M3 for a service. “We don’t want to do any business with you.”
I thought my situation was horrendous before, but now it is a criminal matter. I will keep you guys updated as these sorts of practices should not be allowed to happen in this day and age.
Since the last update I gave you guys in 2022, I had been in touch with BMW AG and BMW UK. They had stepped in to try resolve a multitude of issues on my car which had occurred when my dealer worked on it:
-new engine drinking an exuberant amount of oil
-steering feeling heavier and not performing as it should
-body work damage
-parts missing off the new engine
-suspension issues
-brake issues
Another new engine was ordered as it was deemed that it had failed prematurely (within 1000miles). All other points were addressed by the BMW technical manager and parts were replaced. But in regards to my steering issues, he ran in the car with the new engine and stated that my car drove completely fine when he removed my hub centric spacers (10mm).
The car was returned to me in the end of summer 2022. I could still notice the heavier steering and that it did not feel natural, but maybe, after all the issues I’ve had it might just be my mind playing tricks on me. The brake fluid was due 3 weeks earlier, my car was with the technical manager for a month, so of course he ignored the service light and expected me or book my car in again immediately after picking it up!
Within 3 days of driving, the power steering completely failed. Off it went back to the dealers. Power steering reservoir and hydraulic fluid was replaced. Picked up the car again and took it in for a geo set up at well known specialist. As soon as he moved the car he said “Your steering is f****d.” By chance, another E60 M5 was on site, side by side comparison showed that he was indeed correct.
I informed my dealer of this, who spoke to BMW Technical. Their diagnosis, without inspecting the car, was that all steering components including steering rack, power steering pump, lines etc needed to be replaced at a cost of over £6,000 and they won’t be covering it as my wheel spacers have caused my rack to wear out.
I’ll admit, I did have a slight chuckle as I didn’t think they were being serious. But they were. I replied with, are you sure it’s nothing to do with the fact that you’ve taken my engine in and out 4 times and that I only noticed this issue immediately after the first replacement? They flat out denied it.
I could not be bothered with chasing them again, so I opened an Ombudsman case yet again, put myself into a hire car, and left the M5 in the garage, broken yet again.
Fast forward to end of summer in 2023, the Ombudsman picked up the case. I then received calls from the dealership principal, on a private number, who said he’s willing to repair the steering entirely as a gesture of good will but will not be paying for the hire car. I told him the fact he’s standing by the ridiculous excuse of spacers causing the damage, I would rather continue the case and use specialist testimonies and inspections to destroy their logic. The dealership then instructed solicitors to work on their behalf.
I had managed to obtain the BMW ISTA instructions for removing and replacing the engine on my car. You wouldn’t be able to make it up, at the bottom in bold, it says “IMPORTANT: RISK OF DAMAGE TO STEERING GEAR AND OIL SUMP.” Busted.
The ombudsman is currently in the final stages of his investigation, I’ve sent across all of my evidence and testimonies that disprove what BMW have been saying. I requested the job cards for my car from the Ombudsman. BMW sent across the cards from the second replacement. Upon closer inspection, it is written in the notes, clutch and flywheel failed prematurely and has been authorised for replacement. I was never told about this damaged clutch and flywheel, who caused it and who is paying for it.
I have then spoken to someone who works for BMW and she told me that every job card has to be signed by the customer in order for work to be authorised. Without it, it is void. The job card, under customer signature, has been signed. Fraudulently. It looks nothing like my signature. I have never signed any job cards for my car.
I went to the dealership this week to make them aware that I’ve been a victim of fraud to which I was told I am banned from the dealership and cannot be on site. I said can I book in my brother in laws M3 for a service. “We don’t want to do any business with you.”
I thought my situation was horrendous before, but now it is a criminal matter. I will keep you guys updated as these sorts of practices should not be allowed to happen in this day and age.
darreni said:
What was it?
No idea. It was a new clutch and flywheel that had only been on the car for 1000 miles. BMW UK have said it’s down to misuse, which throws out warranty. If it is misuse, I should be liable to pay for it, I haven’t. No one told me it had failed for any reason. That leaves good will gesture. BMW have mentioned all the good will gestures, no mention of clutch.Also, my car has not had warranty since it had been voided. BMW refuse to reinstate or even allow me to take out a new policy.
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