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      03-15-2022, 04:18 PM   #1
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A tale of woe!

Hi guys, im after a bit of advice.

I live in bedfordshire and in early jan, after a few months of searching i bought a 2017 335d f31 (my second) from a dealership (not main) in the north east (230 miles away)

During the purchase i took the car on the normal 15 min test drive around 30 and 40mph roads, all seemed ok and i bought it on the day. i was given a 3 month warranty but no paperwork regarding said warranty (it is the dealerships own). The car had new brake pads the week before i bought it

During my 4 hour drive home i had to brake at motorway speed which caused the whole car to shake quite badly. Thinking that the discs were warped i spoke to the dealership that night and took the car to a local garage the next day.

Both front and rear discs were badly warped. I got 4 local quotes, 1 from bmw, 2 from local bmw specialists and one from a small local garage. All quotes were between £980 and £1250 for discs and pads all round. The garage refused to pay that much as their garage mext door would do it for £550. So i could either drive the 230 miles back up there or make up the difference (min of £430)

I decided that taking a day off of work and going up there would be the lesser of two evils so i packed the dog and off we went. 14 hours later we were home. job done

Fast forward 2 months to today. I have 3 weeks left on this warranty.

Car goes in to a main dealer for the egr recall. The tech inspection shows a significant oil leak from the transfer box. They quote me £4200 to fix it. A local specialist quotes £3500

I call the dealership who tell me that after the first month, their warranty only pays out claims to a max of £300 (i cant think of many parts that cost less than that tbh). They say that their warranty is based on the AA's

They again tell me that the garage around the corner can do it for £2200 but i will have to pay £800, they will make up the remaining £1400. Of ocurse i will again have to take the car to them (costing me a 460 mile round trip and another day off of work)

What are my options here?

The law seems a bit vague but i still have a warranty with no t&cs that i have seen. Potentially they should pay the whole thing or i can return the car for a refund of it's current worth

I love the car and it has an amazing spec but after being mucked about once i cant help feel that im being had over again here
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      03-15-2022, 04:34 PM   #2
robbiep
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Consumer Rights Act

In law, unless the garage can prove otherwise, a fault that develops within the first 6 months is assumed to have been 'present or developing' at the time of sale.

As such, no matter what their '3 month warranty' covers or does not cover, the garage are entirely liable for rectifying the fault.

Note that they can require that you let them carry out the fix, or the work carried out at a garage of their choosing - they are under absolutely no liability to pay if you get another garage to carry out the work, unless they have agreed this beforehand.

I'd strongly suggest that all communication with the garage should be in writing / email, they seem to have an interesting interpretation of their legal obligations.
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      03-15-2022, 05:54 PM   #3
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Quote:
Originally Posted by robbiep View Post
Consumer Rights Act

In law, unless the garage can prove otherwise, a fault that develops within the first 6 months is assumed to have been 'present or developing' at the time of sale.

As such, no matter what their '3 month warranty' covers or does not cover, the garage are entirely liable for rectifying the fault.

Note that they can require that you let them carry out the fix, or the work carried out at a garage of their choosing - they are under absolutely no liability to pay if you get another garage to carry out the work, unless they have agreed this beforehand.

I'd strongly suggest that all communication with the garage should be in writing / email, they seem to have an interesting interpretation of their legal obligations.
Nailed it.
If they think the fault wasn't there or developing when you bought the car, they're required to prove so, at their expense (note after 6 months this onus reverses). Otherwise the presumption in law is that the vehicle was faulty when supplied (breach of implied contract terms) and therefore you're entitled to claim for your losses ie cost of repairing, potentially fuel to drive up there, courtesy car etc.

Anticipating they play silly buggers, how did you pay for the car? If it was on credit or finance you likely have additional avenues of redress.
I've had a similar issue, I had to get the finance company involved in the end and eventually the financial ombudsman because no one wanted to stump up the cash.

Also you mention the brakes. Have you got the larger brakes with blue calipers? If so check they've fitted the right ones (two piece with a riveted aluminium hub) because £550 for supplying and fitting correct M Sport brakes is very cheap; sounds more like the price for the fully cast cheaper discs…
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      03-15-2022, 06:46 PM   #4
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Quote:
Originally Posted by SantaEugence View Post
Nailed it.
If they think the fault wasn't there or developing when you bought the car, they're required to prove so, at their expense (note after 6 months this onus reverses). Otherwise the presumption in law is that the vehicle was faulty when supplied (breach of implied contract terms) and therefore you're entitled to claim for your losses ie cost of repairing, potentially fuel to drive up there, courtesy car etc.

Anticipating they play silly buggers, how did you pay for the car? If it was on credit or finance you likely have additional avenues of redress.
I've had a similar issue, I had to get the finance company involved in the end and eventually the financial ombudsman because no one wanted to stump up the cash.

Also you mention the brakes. Have you got the larger brakes with blue calipers? If so check they've fitted the right ones (two piece with a riveted aluminium hub) because £550 for supplying and fitting correct M Sport brakes is very cheap; sounds more like the price for the fully cast cheaper discs…
I have got the larger brakes with the blue callipers. Could you pop a pic on so that i can see what they should look like? They look fully cast to me

Thank you guys
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      03-15-2022, 07:06 PM   #5
SantaEugence
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Quote:
Originally Posted by Busted View Post
Quote:
Originally Posted by SantaEugence View Post
Nailed it.
If they think the fault wasn't there or developing when you bought the car, they're required to prove so, at their expense (note after 6 months this onus reverses). Otherwise the presumption in law is that the vehicle was faulty when supplied (breach of implied contract terms) and therefore you're entitled to claim for your losses ie cost of repairing, potentially fuel to drive up there, courtesy car etc.

Anticipating they play silly buggers, how did you pay for the car? If it was on credit or finance you likely have additional avenues of redress.
I've had a similar issue, I had to get the finance company involved in the end and eventually the financial ombudsman because no one wanted to stump up the cash.

Also you mention the brakes. Have you got the larger brakes with blue calipers? If so check they've fitted the right ones (two piece with a riveted aluminium hub) because £550 for supplying and fitting correct M Sport brakes is very cheap; sounds more like the price for the fully cast cheaper discs…
I have got the larger brakes with the blue callipers. Could you pop a pic on so that i can see what they should look like? They look fully cast to me

Thank you guys
So here's what you should have -

https://www.ebay.co.uk/itm/FOR-BMW-3...-127635-2958-0

Or

https://m.autodoc.co.uk/brembo/8714345

Notice the clear rivets around the bell which hold the aluminium centre to the steel outer. Those are Brembo but OEM look the same.

Here's a pair of solid ones -

https://m.autodoc.co.uk/ridex/8052470
Or
https://m.autodoc.co.uk/febi-bilstein/13826285

Cheapest solid pair are about £95 whereas cheapest two piece OEM are usually double that and then some, usually £120ish per disc or £240 total for decent quality. Obviously genuine BMW would be far higher hence the quotes you got were more, because they were probably the correct discs.
Single piece discs will do the job, but they're heavier, heat dissipation is worse and ultimately they're not the discs the caliper nor car were designed for.
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      03-16-2022, 03:10 AM   #6
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Quote:
Originally Posted by SantaEugence View Post
So here's what you should have -

https://www.ebay.co.uk/itm/FOR-BMW-3...-127635-2958-0

Or

https://m.autodoc.co.uk/brembo/8714345

Notice the clear rivets around the bell which hold the aluminium centre to the steel outer. Those are Brembo but OEM look the same.

Here's a pair of solid ones -

https://m.autodoc.co.uk/ridex/8052470
Or
https://m.autodoc.co.uk/febi-bilstein/13826285

Cheapest solid pair are about £95 whereas cheapest two piece OEM are usually double that and then some, usually £120ish per disc or £240 total for decent quality. Obviously genuine BMW would be far higher hence the quotes you got were more, because they were probably the correct discs.
Single piece discs will do the job, but they're heavier, heat dissipation is worse and ultimately they're not the discs the caliper nor car were designed for.

Great, thanks. Lets see what they say about those as well
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