BMW warranty voided due to immobiliser
Discussion
TwighlightM4 said:
Hi, did you manage to resolve your case with the warranty company. I'm in exactly the same situation looking for advice. Warranty voided due to Ghost immobiliser, I've paid my £250 access under warranty and now the dealer is demanding full payment for the work carried out. Looking for some advice on how to persue this.
Hi,I'm unable to send you a private message, if you can try to send me one I can let you know the best way to move forward.
Update
After an arduous year the FOS ordered BMW Insured Warranty to repair the car. The engine has been ordered and the car should be back on the road by the end of the month.
I want to say thank you to all of those who have offered advice and support throughout. As for those who were sceptical with my situation and had nothing but negative comments, I thank you too!
For anyone else who is going through something similar all I can say is be methodical in your approach and don't give up, you'll get there in the end. If you need any advice just drop me a message and I'll offer my assistance.
Next step is to issue court proceedings to recover the costs thus far as well as for replacement parts that are required due to the car being sat at dealers for over a year. It's crazy how many people have contacted me regarding this company in which they've had their policy voided for nonsensical reasons. Could be turning into a class action as far as my solicitors are concerned.
All the best.
After an arduous year the FOS ordered BMW Insured Warranty to repair the car. The engine has been ordered and the car should be back on the road by the end of the month.
I want to say thank you to all of those who have offered advice and support throughout. As for those who were sceptical with my situation and had nothing but negative comments, I thank you too!
For anyone else who is going through something similar all I can say is be methodical in your approach and don't give up, you'll get there in the end. If you need any advice just drop me a message and I'll offer my assistance.
Next step is to issue court proceedings to recover the costs thus far as well as for replacement parts that are required due to the car being sat at dealers for over a year. It's crazy how many people have contacted me regarding this company in which they've had their policy voided for nonsensical reasons. Could be turning into a class action as far as my solicitors are concerned.
All the best.
A highlight for me and my solicitors is when AWP stated to the Ombudsman the key read data from my car shows it has covered an average of 0km over the past 6 weeks, bearing in mind I bought the car just over 6 weeks earlier.
The service manager from my dealership then sent me a screenshot of my key read from their computer and low and behold it showed my car having covered nearly 1000 miles in that same time period. Anything to try to get me to back off.
Also it was stated that faults were displayed on the cars ECU dated before the warranty started. When asked for specific dates I received no response. I was then educated by my dealership that the E60 cannot show date stamps on the fault codes, its not that advanced, only the mileage when the fault occurred is shown.
Two instances where AWP tried to fabricate evidence against me in order to get out of the claim. The fact they think £250 is an acceptable amount of compensation is laughable. I've spent more in toilet paper over the past year!
The service manager from my dealership then sent me a screenshot of my key read from their computer and low and behold it showed my car having covered nearly 1000 miles in that same time period. Anything to try to get me to back off.
Also it was stated that faults were displayed on the cars ECU dated before the warranty started. When asked for specific dates I received no response. I was then educated by my dealership that the E60 cannot show date stamps on the fault codes, its not that advanced, only the mileage when the fault occurred is shown.
Two instances where AWP tried to fabricate evidence against me in order to get out of the claim. The fact they think £250 is an acceptable amount of compensation is laughable. I've spent more in toilet paper over the past year!
Trevor555 said:
Thanks for letting us know the outcome, wonderful news..
Did the FOS make the warranty company re activate your warranty?
And ifs so extend it by the time the car's been at the garage?
The warrant company are refusing to reinstate the warranty as the Ombudsman only stated they repair the car. Common sense would dictate that if the reason for the warranty being voided has been refuted surely the warranty should continue but oh well more ammunition for the impending court case.Did the FOS make the warranty company re activate your warranty?
And ifs so extend it by the time the car's been at the garage?
CarCrazyDad said:
Firstly congratulations on "winning"
And well done to the FOS for seeing common sense, the FOS always seem very reasonable and fair , and knowledgeable on such matters. Excellent job.
I can understand why BMW Insured would not want to take on the policy again, as you / the car are now "problem units".
Would you even want the warranty given how difficult it's been?
So my understanding you are taking BMW Insured to court further for additional costs and to re-instate cover based on the result of the FOS hearing?
If that's correct, I wish you luck my friend, certainly sounds like you've been through the mill with it.
The FOS ruling state you didn't outline costs of hire cars etc, did you?
Did you include invoices from hire cars, taxi costs and so on?
I completely understand why Insured wouldn't want to give me a warranty since I've embarrassed and exposed their tactics, but I look forward to hearing their reasoning in court, I doubt "problem units" will be accepted by the judge.And well done to the FOS for seeing common sense, the FOS always seem very reasonable and fair , and knowledgeable on such matters. Excellent job.
I can understand why BMW Insured would not want to take on the policy again, as you / the car are now "problem units".
Would you even want the warranty given how difficult it's been?
So my understanding you are taking BMW Insured to court further for additional costs and to re-instate cover based on the result of the FOS hearing?
If that's correct, I wish you luck my friend, certainly sounds like you've been through the mill with it.
The FOS ruling state you didn't outline costs of hire cars etc, did you?
Did you include invoices from hire cars, taxi costs and so on?
In terms of why continue the warranty, BMW Insured have the responsibility of being endorsed by BMW themselves to provide quite possibly the most premium warranty available for these cars so they should stand by that. I plan on driving my car regularly so a warranty in my eyes is needed. If an issue arises yet again I have no qualms in starting all of this again.
In terms of invoices, the FOS initially ruled in my favour in the provisional decision but this was then changed when AWP mentioned the fictional fault codes. I then had 4 weeks to try to disprove this and provide any information before the final decision was issued. I did not realise this also meant that the invoices had to be submitted by then. My priority was to get a decision in my favour and I wasn't focused on the invoices at that time. Since the final decision has been made I'm unable to submit any other documents so going further with a court case is the only option.
I would have like to sort this out directly with AWP but they have not been in contact since the Ombudsman published their decision. I tried calling from my mobile to which the call instantly cut out. I called with another phone and the call went through. Just out of curiosity I decided to put my phone onto No Caller ID and surprise surprise the call went through. This has also been recorded and documented for the court case. It's an absolute joke in the way they conduct themselves.
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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