Issues with Dealer bought car - Looking for Advice

Issues with Dealer bought car - Looking for Advice

Author
Discussion

BopoWarls

Original Poster:

137 posts

84 months

Monday 19th April 2021
quotequote all
Hi,

I recently (3 weeks ago) purchased a 2009 E89 35i (N54 engine) from a large dealership, but their 'Select' department. A good 2.5 hour drive away. The car was bought completely remotely and they delivered the car to my door.

Anyway the car started to develop cold start issues (Long story short it's probably the Injectors - common issue with this engine). The dealership have been somewhat helpful and gave me 2 options.

Option 1 - bring to the car to them, leave it with them and make my own way home (public transport). They can't offer courtesy car.

Option 2 - wait 30 days and then use the 6 month warranty I have at any VAT registered garage near me. Apparently I can't use the warranty within 30 days but I don't know if this is true, I can't see anything about that in the warranty booklet.

I'm struggling with option 1 as I don't have the time with work to drive up there, somehow get home, and them get back there once they have investigate the problem and/or fixed it. Plus the car is over fueling so much, from a possible leaky injector, that I'm worried the I'll bore wash the engine and cause further damager driving it some distance to the dealership. Might be overly worried here but it's possible.

However, option 2 is still 2 weeks away and I don't want to be without a car for a further 2 weeks. I don't understand why I can use my 6 month warranty now? I've never claimed off a warranty before so is this the case that I can't use it for the first 30 days?

The dealership keep saying that if I bring the car back they will look at it, but should they be coming to pick it up, rather than me be out of pocket delivering it to them? Or is that just tough luck and I have to suck it up?

Anyway the car got noticeably worse today and I've had a local garage come pick it up to investigate the issues. A load of smoke was coming from the exhaust. If the car is undriveable now, would that be a case for the dealership to cover costs to come collect, or would I still have to fork the bill to get it delivered to them?

Distance buying is convenient until you have a problem...

Not too sure what to do, or how to negotiate a way forward with the supplying dealer.

Cheers

Blanchimont

4,076 posts

122 months

Monday 19th April 2021
quotequote all
This is not an issue for the warranty to pick up, it's theirs.
I would ring them back, and explain that they can come and collect it, and return all the money spent as you'll be rejecting the car, or you can put it into a local garage now, and they can pay for the repairs.

For the first 30 days (iirc) you don't even have to allow the garage the opportunity to repair the car, you can just reject it straight away.

elanfan

5,520 posts

227 months

Monday 19th April 2021
quotequote all
Does a warranty claim in the first 30 days come back on the garage? Is that why they’re trying to avoid it?

If there’s nothing in the warranty to stop you get it to a garage locally.

Heathwood

2,532 posts

202 months

Monday 19th April 2021
quotequote all
I can’t help too much with the logistics of Option 1 but I would advise against Option 2. The fault can be assumed to have been there at point of sale so its for the dealer to rectify (you may even be able to reject).

The warranty is for issues that arise post sale and I would not be surprised if the warranty company look very closely at claims made so soon after purchase. If that goes wrong it may be difficult to then try pursuing the dealer.

steveo3002

10,524 posts

174 months

Monday 19th April 2021
quotequote all
id get it back there pronto , its on them

whos to say the warrenty wont dodge it or claim its wear and tear

cayman-black

12,643 posts

216 months

Monday 19th April 2021
quotequote all
Blanchimont said:
This is not an issue for the warranty to pick up, it's theirs.
I would ring them back, and explain that they can come and collect it, and return all the money spent as you'll be rejecting the car, or you can put it into a local garage now, and they can pay for the repairs.

For the first 30 days (iirc) you don't even have to allow the garage the opportunity to repair the car, you can just reject it straight away.
I think this is good advice act now.

evo69

33 posts

135 months

Monday 19th April 2021
quotequote all
Blanchimont said:
This is not an issue for the warranty to pick up, it's theirs.
I would ring them back, and explain that they can come and collect it, and return all the money spent as you'll be rejecting the car, or you can put it into a local garage now, and they can pay for the repairs.

For the first 30 days (iirc) you don't even have to allow the garage the opportunity to repair the car, you can just reject it straight away.
This 100%

BopoWarls

Original Poster:

137 posts

84 months

Monday 19th April 2021
quotequote all
Blanchimont said:
This is not an issue for the warranty to pick up, it's theirs.
I would ring them back, and explain that they can come and collect it, and return all the money spent as you'll be rejecting the car, or you can put it into a local garage now, and they can pay for the repairs.

For the first 30 days (iirc) you don't even have to allow the garage the opportunity to repair the car, you can just reject it straight away.
Thanks for the reply and appreciate the advice. The annoying thing is that I really like this particular car so I'm reluctant to ask for my money back incase they actually agree to it.. but that's my issue and I understand that.

I will do as you've suggested. I will ask them to come collect, or to foot the bill.

Are the garage obliged to come and pick it up at their cost, or can they put the responsibility on me? To date they keep saying it's up to me to bring it back to them.

Cheers.

anonymous-user

54 months

Monday 19th April 2021
quotequote all
It's not their fault you bought a car from a place that's a long way away - that's not a criticism of you, just how it is.

If it was completely a distance sale and you didn't visit a dealer at any point to do paperwork etc then you have the cast iron right to reject the car within 14 days with no other justification than "it's the law, suck it up". They can charge you for mileage.

Personally, I'd just reject it and find another one. They're not rare.

Trevor555

4,438 posts

84 months

Monday 19th April 2021
quotequote all
BopoWarls said:
Anyway the car got noticeably worse today and I've had a local garage come pick it up to investigate the issues. A load of smoke was coming from the exhaust. If the car is undriveable now, would that be a case for the dealership to cover costs to come collect, or would I still have to fork the bill to get it delivered to them?
Did the supplying dealership authorize this?

Not a good idea to get a third party garage involved at this point.

Let the supplying dealer sort the issues.

Tell the supplying dealer it's not drivable and follow their instructions from there.

Edited by Trevor555 on Monday 19th April 12:39

BopoWarls

Original Poster:

137 posts

84 months

Monday 19th April 2021
quotequote all
Trevor555 said:
Did the supplying dealership authorize this?

Not a good idea to get a third party garage involved at this point.

Let the supplying dealer sort the issues.
No I arranged this. I need a car and need this fixed ASAP or refunded so I can buy something else. The dealer are very slow at responding.

I am expecting to pay for the investigation bill and I'm fine with that. If the car is safe to drive I will then happily drive it back to the dealer and ask for my refund. If it is not safe to drive, I will expect them to come collect it. They can they investigate and repair if they want to.

Is that fair do you think?

Trevor555

4,438 posts

84 months

Monday 19th April 2021
quotequote all
BopoWarls said:
Trevor555 said:
Did the supplying dealership authorize this?

Not a good idea to get a third party garage involved at this point.

Let the supplying dealer sort the issues.
No I arranged this. I need a car and need this fixed ASAP or refunded so I can buy something else. The dealer are very slow at responding.

I am expecting to pay for the investigation bill and I'm fine with that. If the car is safe to drive I will then happily drive it back to the dealer and ask for my refund. If it is not safe to drive, I will expect them to come collect it. They can they investigate and repair if they want to.

Is that fair do you think?
Your aftermarket warranty will not cover the fault as it's too soon, they'll pass it back to the supplying dealer assuming the fault was present at the time of sale.

The problem taking your own initiative here is that you're not following the dealers instructions, even though they're not acting soon enough.

The car has to go back to them.

You don't want the dealer saying further problems have been caused by someone (not authorized) working on the car.

Get strong with the supplying dealer now.

Tell them they delivered the car and it's faulty, and not drivable.

Tell them to come and collect it, or you'll get it recovered to them, but you'll be pursuing them for the costs.

Do this by email, copy in their sales manager, service manager, and group manager if they have one.

It was the dealers choice to offer delivery with the sale?

Did it say this on their advert? Have you printed off their advert?

I'm trying to help you avoid a legal mess.

If you get the repairs done at your end, and the warranty won't pay, you'll be fighting with the dealer to pay.

The car needs to go back to them.


Edited by Trevor555 on Monday 19th April 12:54


Edited by Trevor555 on Monday 19th April 12:54

cayman-black

12,643 posts

216 months

Monday 19th April 2021
quotequote all
As they delivered it i don't see that now it has a problem that they cannot collect it. It's less than a month bought, how many miles have you done?

BopoWarls

Original Poster:

137 posts

84 months

Monday 19th April 2021
quotequote all
Trevor555 said:
Your aftermarket warranty will not cover the fault as it's too soon, they'll pass it back to the supplying dealer assuming the fault was present at the time of sale.

The problem taking your own initiative here is that you're not following the dealers instructions, even though they're not acting soon enough.

The car has to go back to them.

You don't want the dealer saying further problems have been caused by someone (not authorized) working on the car.

Get strong with the supplying dealer now.

Tell them they delivered the car and it's faulty, and not drivable.

Tell them to come and collect it, or you'll get it recovered to them, but you'll be pursuing them for the costs.

Do this by email, copy in their sales manager, service manager, and group manager if they have one.

It was the dealers choice to offer delivery with the sale?

Did it say this on their advert? Have you printed off their advert?

I'm trying to help you avoid a legal mess.

If you get the repairs done at your end, and the warranty won't pay, you'll be fighting with the dealer to pay.

The car needs to go back to them.


Edited by Trevor555 on Monday 19th April 12:54


Edited by Trevor555 on Monday 19th April 12:54
Thanks Trevor555. Valid points which I hadn't considered. I have had an email response from the Dealer and surprisingly they have been very supportive. Here is their response below:

"Hi XXXX,

I think the best thing to do is wait and see if your garage can diagnose the fault as the car is with them now. If it proves to be more in-depth I will speak to BMW and see if we can get the car collected and dropped off. The only sticking point will be the courtesy car.

I fully understand you want the car and it has to be reliable, I want you to have a car that you are confident with and can enjoy (especially on days like today)

Let’s have a chat tomorrow morning or when you get the news from the garage, I am happy to talk with them direct if it is needed"

Do you think I should still call the garage and tell them not to touch the car and let the supplying dealer deal with it? Or do you think that email response is sufficient to show that the dealer is happy for me to get it investigated by my local garage?

If the injectors do need replacing, the price for dealership supply and fitting and coding is roughly £2000 so quite a significant cost. The last thing I want is a fight with the dealership.





BopoWarls

Original Poster:

137 posts

84 months

Monday 19th April 2021
quotequote all
cayman-black said:
As they delivered it i don't see that now it has a problem that they cannot collect it. It's less than a month bought, how many miles have you done?
I've done just under 1k miles. If I ask for a refund I expect them to bill me for the 1k miles. No idea how they'd calculate that though. I have enjoyed the 1k miles to be fair.

Trevor555

4,438 posts

84 months

Monday 19th April 2021
quotequote all
BopoWarls said:
Option 2 - wait 30 days and then use the 6 month warranty I have at any VAT registered garage near me. Apparently I can't use the warranty within 30 days but I don't know if this is true, I can't see anything about that in the warranty booklet.

Cheers
This is the garage trying to wash their hands of this problem/car.

The warranty company would not be at all happy about these instructions.

If you're not convinced of any of the advice you've got on here then I strongly suggest contacting Citizens advice, or even the warranty company for further instructions.

And I strongly advise you to do this before spending any of your own money trying to fix this car.

Trevor555

4,438 posts

84 months

Monday 19th April 2021
quotequote all
BopoWarls said:
Trevor555 said:
Your aftermarket warranty will not cover the fault as it's too soon, they'll pass it back to the supplying dealer assuming the fault was present at the time of sale.

The problem taking your own initiative here is that you're not following the dealers instructions, even though they're not acting soon enough.

The car has to go back to them.

You don't want the dealer saying further problems have been caused by someone (not authorized) working on the car.

Get strong with the supplying dealer now.

Tell them they delivered the car and it's faulty, and not drivable.

Tell them to come and collect it, or you'll get it recovered to them, but you'll be pursuing them for the costs.

Do this by email, copy in their sales manager, service manager, and group manager if they have one.

It was the dealers choice to offer delivery with the sale?

Did it say this on their advert? Have you printed off their advert?

I'm trying to help you avoid a legal mess.

If you get the repairs done at your end, and the warranty won't pay, you'll be fighting with the dealer to pay.

The car needs to go back to them.


Edited by Trevor555 on Monday 19th April 12:54


Edited by Trevor555 on Monday 19th April 12:54
Thanks Trevor555. Valid points which I hadn't considered. I have had an email response from the Dealer and surprisingly they have been very supportive. Here is their response below:

"Hi XXXX,

I think the best thing to do is wait and see if your garage can diagnose the fault as the car is with them now. If it proves to be more in-depth I will speak to BMW and see if we can get the car collected and dropped off. The only sticking point will be the courtesy car.

I fully understand you want the car and it has to be reliable, I want you to have a car that you are confident with and can enjoy (especially on days like today)

Let’s have a chat tomorrow morning or when you get the news from the garage, I am happy to talk with them direct if it is needed"

Do you think I should still call the garage and tell them not to touch the car and let the supplying dealer deal with it? Or do you think that email response is sufficient to show that the dealer is happy for me to get it investigated by my local garage?
No that's fine now as the supplying dealer has authorized your garage to look at the car.

I was typing my previous post as you was this one.

BopoWarls

Original Poster:

137 posts

84 months

Monday 19th April 2021
quotequote all
Trevor555 said:
No that's fine now as the supplying dealer has authorized your garage to look at the car.

I was typing my previous post as you was this one.
Thanks for that. Yeah I saw the other post. These kind of things (dealers and warranty) always make me a bit twitchy. This is why I typically avoid paying a premium from a second hand car from a dealer for the warranty, but in this instance it was the only car on the market with the spec I wanted.

I was quite surprised that I got the email response back from the dealer as in the past I've emailed and they have called back (not emailed).

Thanks for taking the time to reply to my post. Fingers crossed it gets sorted as hassle free as possible...

Cheers.

Sir Bagalot

6,479 posts

181 months

Monday 19th April 2021
quotequote all
Apart from whatsa lready been said why do people buy 12 year old cars from a dealer?

BopoWarls

Original Poster:

137 posts

84 months

Monday 19th April 2021
quotequote all
Sir Bagalot said:
Apart from whatsa lready been said why do people buy 12 year old cars from a dealer?
See my comment above. Unfortunately it was the only one, with the spec I wanted, on the market at the time.

As mentioned I typically avoid buying from dealers for this very reason.