Advice please!
Advice please!
Author
Discussion

beemarman

Original Poster:

186 posts

260 months

Thursday 27th October 2011
quotequote all
sorry for the long post.

Car:
BMW X6 2008 32k miles with extended warranty. Only 3 months out of BMW full warranty.

Issue:
The whole dash board started squeaking and rubbing one month out of warranty. It didn’t get bad until about the beginning of October. I gave the car to a friend who has about 15yrs experience with BMW cars. He also works for one of the biggest dealerships in the country.
He had the car for more than 3 hours, trying different thing to see if he could find out where the noise was coming from.
He called me and said, “I pretty much stripped it down and road tested it about 10 times and I believe the noise is coming from the dashboard itself. The dashboard is double skinned and the noise is coming from the movement between the inner and outer shell of the dashboard. To eliminate the noise the whole dashboard would need replacing.

I decided to try and see if I can get BMW to do the work on a good will gesture, considering the car is only 3yrs and 3 months old.
They said in order to diagnose the problem properly they would need to remove the whole dashboard but it’s going to cost me £995 and no guarantee they would find the reason for the noise. I tried to see if I can get BMW HQ to pay for it. I called them and they said they would only pay for it if it’s mechanical failure as trims are not covered on the extended policy.
I’m 90% sure it’s going to be a full dashboard replacement, but can’t prove it until further investigation is done. I can’t believe BMW is calling a whole dashboard replacement a “trim” A new dashboard is £950 plus £995 to fit it, that’s not including the £995 they want to diagnose the issue.

I really don’t know what to do? The car cost £55k, it’s only done 33k miles and already it might need a new dashboard, I paid £1400 for the extended warranty to cover me for anything expensive and in this case it’s worth nothing.
What grounds do you guys think I got to fight BMW on paying for this? I’m thinking of going directly to BMW HQ in Bracknell to see if I can talk to somebody more senior on this.



Moar

5,512 posts

198 months

Thursday 27th October 2011
quotequote all
Facts.

1. Extended warranty does not cover trim , it's what you agreed to.
2. Dashboard is considered trim, just like some flaking on a steering wheel.
3. Your car is out of manufacturer warranty.

Legally BMW don't have to entertain your crap one bit. They quite rightly and legally don't have to do anything for free for you.

So it's all down to how nice they feel like being to you.

You won't get anywhere with the extended warranty, it's going to be down to BMW HQ, the dealer and you.

Soovy

35,829 posts

302 months

Thursday 27th October 2011
quotequote all


They owe you nothing. Nada. Zip.

If you're nice to the dealer they might help you. But if they don't it's your problem.

beemarman

Original Poster:

186 posts

260 months

Thursday 27th October 2011
quotequote all
Moar said:
Facts.

1. Extended warranty does not cover trim , it's what you agreed to.
2. Dashboard is considered trim, just like some flaking on a steering wheel.
3. Your car is out of manufacturer warranty.

Legally BMW don't have to entertain your crap one bit. They quite rightly and legally don't have to do anything for free for you.

So it's all down to how nice they feel like being to you.

You won't get anywhere with the extended warranty, it's going to be down to BMW HQ, the dealer and you.
I understand where you're coming from, but this is not a 10yr old car. The dashboard shouldn't have gone on a car so new. if this issue was common then I believe BMW should offer it an option on an extended warranty. A trim is something like a flaking steering wheel, or a door car but a whole dashboard at £3k damm!!

My friend had a 2004 X5 with a faulty panoramic sunroof and BMW paid for half the repair, the car was out of warrant and didn't even have FBMSH

Soovy

35,829 posts

302 months

Thursday 27th October 2011
quotequote all
beemarman said:
Moar said:
Facts.

1. Extended warranty does not cover trim , it's what you agreed to.
2. Dashboard is considered trim, just like some flaking on a steering wheel.
3. Your car is out of manufacturer warranty.

Legally BMW don't have to entertain your crap one bit. They quite rightly and legally don't have to do anything for free for you.

So it's all down to how nice they feel like being to you.

You won't get anywhere with the extended warranty, it's going to be down to BMW HQ, the dealer and you.
I understand where you're coming from, but this is not a 10yr old car. The dashboard shouldn't have gone on a car so new. if this issue was common then I believe BMW should offer it an option on an extended warranty. A trim is something like a flaking steering wheel, or a door car but a whole dashboard at £3k damm!!

My friend had a 2004 X5 with a faulty panoramic sunroof and BMW paid for half the repair, the car was out of warrant and didn't even have FBMSH
Wot I said.

They MIGHT help you. But they don't HAVE to.

eastsider

1,102 posts

254 months

Thursday 27th October 2011
quotequote all
The legal angle you might try and approach them on is the sale of goods act. From which website here:
http://www.which.co.uk/consumer-rights/sale-of-goo...

"When you buy goods you enter into a contract with the seller of those goods. Under the Sale of Goods Act 1979 goods must be:

'as described',
'of satisfactory quality', and
'fit for purpose' – this means both their everyday purpose, and also any specific purpose that you agreed with the seller (for example, if you specifically asked for a printer that would be compatible with your computer)."

I think you could reasonably argue that a £55k car should last longer than three years without developing a major issue such as this (£3k to resolve) as the problem is caused by an inherent flaw designed into the item, ie the double skinned dashboard.

Things that might help you:
- be assertive, not agressive, polite and professional at all time. Don't make any threats, you'll just alienate them.
- It often helps when you complain to clearly set out what you would like to be done - for example, suggest you would accept them paying 50%, or deducting the cost of your warranty, or something. Be clear on what you want, don't leave it open to them to offer. If you want to ask for full resolution at their cost then go ahead, but as others have said they don't really have to do anything so I'd personally suggest a fair compromise from the start.

Good luck.

beemarman

Original Poster:

186 posts

260 months

Thursday 27th October 2011
quotequote all
eastsider said:
The legal angle you might try and approach them on is the sale of goods act. From which website here:
http://www.which.co.uk/consumer-rights/sale-of-goo...

"When you buy goods you enter into a contract with the seller of those goods. Under the Sale of Goods Act 1979 goods must be:

'as described',
'of satisfactory quality', and
'fit for purpose' – this means both their everyday purpose, and also any specific purpose that you agreed with the seller (for example, if you specifically asked for a printer that would be compatible with your computer)."

I think you could reasonably argue that a £55k car should last longer than three years without developing a major issue such as this (£3k to resolve) as the problem is caused by an inherent flaw designed into the item, ie the double skinned dashboard.

Things that might help you:
- be assertive, not agressive, polite and professional at all time. Don't make any threats, you'll just alienate them.
- It often helps when you complain to clearly set out what you would like to be done - for example, suggest you would accept them paying 50%, or deducting the cost of your warranty, or something. Be clear on what you want, don't leave it open to them to offer. If you want to ask for full resolution at their cost then go ahead, but as others have said they don't really have to do anything so I'd personally suggest a fair compromise from the start.

Good luck.
Thank you for this.

dingg

4,565 posts

250 months

Thursday 27th October 2011
quotequote all
beemarman said:
sorry for the long post.

Car:
BMW X6 2008 32k miles with extended warranty. Only 3 months out of BMW full warranty.

Issue:
The whole dash board started squeaking and rubbing one month out of warranty. It didn’t get bad until about the beginning of October. I gave the car to a friend who has about 15yrs experience with BMW cars. He also works for one of the biggest dealerships in the country.
He had the car for more than 3 hours, trying different thing to see if he could find out where the noise was coming from.
He called me and said, “I pretty much stripped it down and road tested it about 10 times and I believe the noise is coming from the dashboard itself. The dashboard is double skinned and the noise is coming from the movement between the inner and outer shell of the dashboard. To eliminate the noise the whole dashboard would need replacing.

I decided to try and see if I can get BMW to do the work on a good will gesture, considering the car is only 3yrs and 3 months old.
They said in order to diagnose the problem properly they would need to remove the whole dashboard but it’s going to cost me £995 and no guarantee they would find the reason for the noise. I tried to see if I can get BMW HQ to pay for it. I called them and they said they would only pay for it if it’s mechanical failure as trims are not covered on the extended policy.
I’m 90% sure it’s going to be a full dashboard replacement, but can’t prove it until further investigation is done. I can’t believe BMW is calling a whole dashboard replacement a “trim” A new dashboard is £950 plus £995 to fit it, that’s not including the £995 they want to diagnose the issue.

I really don’t know what to do? The car cost £55k, it’s only done 33k miles and already it might need a new dashboard, I paid £1400 for the extended warranty to cover me for anything expensive and in this case it’s worth nothing.
What grounds do you guys think I got to fight BMW on paying for this? I’m thinking of going directly to BMW HQ in Bracknell to see if I can talk to somebody more senior on this.
turn up the volume on the radio

hth

4rephill

5,171 posts

209 months

Thursday 27th October 2011
quotequote all
eastsider said:
I think you could reasonably argue that a £55k car should last longer than three years without developing a major issue such as this (£3k to resolve) as the problem is caused by an inherent flaw designed into the item, ie the double skinned dashboard.
Can't agree with this statement.

The fact that it will cost £3K to fix does not make it a major issue in the eyes of the motor industry, it's an annoying noise that's expensive to repair, especially if the dashboard needs replacing, that's all.

A major issue is something along the lines of a gearbox that won't go into gear; an engine with a cracked crank shaft; a catastrophic failure of the brake system; collapsing suspension; differentials seizing; seats that collapse whilst driving etc., etc., not an annoying noise from the dashboard.

As for it being an inherent design flaw, I suspect it's actually more of an assembly error rather than a design flaw as I'm pretty certain BMW have used the same design principle for dashboards for decades and they don't all make annoying noises.