Might be worth a read of this thread https://forums.overclockers.co.uk/showthread.php?t=18718503&highlight=nissan
Problem with a dealer bought car (2016 updated for 2020)
- Thread starter Malt_Vinegar
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It's a tough one. The dealer has every right to inspect it themselves, provided it would be seen as reasonable (eg if they have competent mechanics), there's nothing forcing them to do it at BMW.
If you end up going to court to seek a refund (doesnt sound like he's going to go along with that willingly) then you could probably seek to reclaim that as a cost. Remember if you take this approach without giving him reasonable opportunity to resolve it, you might not have much luck....
If you want it repaired, you probably need to give him the chance to have it inspected first. The worst than can happen is that he doesnt fix it, it's not exactly the sort of problem that could be covered up!
If he's miles away, if it was me I'd be inclined to have a BMW near me inspect it and give a proper written report. I'd *call* him to discuss it then follow up with a copy of the report. If he's near you, drop it to him and see what happens!
If you end up going to court to seek a refund (doesnt sound like he's going to go along with that willingly) then you could probably seek to reclaim that as a cost. Remember if you take this approach without giving him reasonable opportunity to resolve it, you might not have much luck....
If you want it repaired, you probably need to give him the chance to have it inspected first. The worst than can happen is that he doesnt fix it, it's not exactly the sort of problem that could be covered up!
If he's miles away, if it was me I'd be inclined to have a BMW near me inspect it and give a proper written report. I'd *call* him to discuss it then follow up with a copy of the report. If he's near you, drop it to him and see what happens!
The dealer is trying it on, clearly. The car has a fault that was obviously present at sale (these sorts of faults aren't binary or developing overnight), it's expensive to repair, he wants to avoid any issues. If he was honest he'd take it back and fix it immediately, as the worst case is he can't fix it easily and he gives you a full refund. It's his liability so this should not be a problem for him.
I'd also add that the car smoking is a clear fault (if you can reproduce), and the oil consumption seems off and quantifying helps. The dealer is wrong in saying that you need to identify the fault - you don't, he does. Take the car back and ask him to fix it. If he doesn't, small claims court.
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I have called CAB, and they say i should get an independent assessment, but do no work to the car, then return the car for a full refund, doing so in writing, as I am in my 30 days from purchase.
They they have 14 days to give me a full refund.
They they have 14 days to give me a full refund.
Go for it then, did they refer you to relevant sections of legislation which you can copy/paste? It would be useful to have something to counter his "wear and tear" argument.
Sounds like you may end up out of pocket for the cost of an inspection - but thats not the end of the world
Sounds like you may end up out of pocket for the cost of an inspection - but thats not the end of the world
http://www.express.co.uk/life-style/cars/607088/New-law-buyers-return-faulty-car-30-days
Just take it back and ask for a refund?
Valve stem seals and piston rings are a service item?!
That's strange, I don't think I've ever seen them on any service schedule on any car I've ever looked at. Ever.
Unfortunately he's full of crap. He's trying to say that because BMW have poured oil into it over the last 10 years, and because nothing was highlighted on an MOT, this means the car is 100% perfect, which is *obviously* a flawed argument.
You don't actually mention how long you've had the car for and how many miles you've done in it. His argument seems to be that the car was 100% perfect when it left him, so if the fault *is* worn stem seals, he's suggesting that you have worn through these stem seals in the days that you've had the car, which is utter rubbish. If a car develops a fault within the first 6 months after sale, it is presumed to have had the problem when it was sold, unless a seller can produce satisfactory proof that the problem wasn't there when it was sold. With that in mind, you really need to get the car formally diagnosed. It could be a simple fix and not as terminal as VSS.
Did you pay any of the amount on a credit card? If so, you may well have to start getting your CC company involved. If not, make sure you document ***everything*** including emails/letters/reports from other qualified mechanics with a view to going to small claims court. Do not communicate via phone any more as I can only see this going one way, and you need to have it all documented.
EDIT: I've just read his reply again and what a ****. He knows exactly what his obligations are and even the crappiest traders will tell you to bring it back and they'll get their mate Dave to fix it. He's barely offering that! Looks like another trader who wants all the benefits of being a trader, but none of the responsibilities. Just googled the problem you're having. Apparently the 750i has a big problem with valve stem seals and it costs a fortune to replace.
That's strange, I don't think I've ever seen them on any service schedule on any car I've ever looked at. Ever.
Unfortunately he's full of crap. He's trying to say that because BMW have poured oil into it over the last 10 years, and because nothing was highlighted on an MOT, this means the car is 100% perfect, which is *obviously* a flawed argument.
You don't actually mention how long you've had the car for and how many miles you've done in it. His argument seems to be that the car was 100% perfect when it left him, so if the fault *is* worn stem seals, he's suggesting that you have worn through these stem seals in the days that you've had the car, which is utter rubbish. If a car develops a fault within the first 6 months after sale, it is presumed to have had the problem when it was sold, unless a seller can produce satisfactory proof that the problem wasn't there when it was sold. With that in mind, you really need to get the car formally diagnosed. It could be a simple fix and not as terminal as VSS.
Did you pay any of the amount on a credit card? If so, you may well have to start getting your CC company involved. If not, make sure you document ***everything*** including emails/letters/reports from other qualified mechanics with a view to going to small claims court. Do not communicate via phone any more as I can only see this going one way, and you need to have it all documented.
EDIT: I've just read his reply again and what a ****. He knows exactly what his obligations are and even the crappiest traders will tell you to bring it back and they'll get their mate Dave to fix it. He's barely offering that! Looks like another trader who wants all the benefits of being a trader, but none of the responsibilities. Just googled the problem you're having. Apparently the 750i has a big problem with valve stem seals and it costs a fortune to replace.
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You only need to pay £100 on the credit card and the card company becomes joint liable for the entire purchase. A lot of dealers will allow you to do this without any penalty, but even if they did charge you 3% - £3 is worth it for the protection you'll get.
Nope once you cross the mark to be covered by your CC protection then it covers the purchase as a whole.
I paid the £500 deposit on my cc and then a further £500 when I picked the car up (max without charge at dealership) and I may well be about to take advantage of that too.
Well worth putting a small amount on a card, especially if it's 0%.
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No money paid on credit, paid in full using debit card.
I bought the car on the 7th of march.
I left a voicemail on the 12th of march asking him to call me back (iI was already thinking there might be an issue)
(i was working abroad in this time in-between, and did a lot of furiour googling of the potential issues)
Text on 27th to ask for a call back notifying him of the details of the issues.
Emailed 29th - finally get a reply.
CAB have informed me that the product was not of satifactory quality and i am entitled to a full refund, once i have a report from a specialist that the car is faulty.
I bought the car on the 7th of march.
I left a voicemail on the 12th of march asking him to call me back (iI was already thinking there might be an issue)
(i was working abroad in this time in-between, and did a lot of furiour googling of the potential issues)
Text on 27th to ask for a call back notifying him of the details of the issues.
Emailed 29th - finally get a reply.
CAB have informed me that the product was not of satifactory quality and i am entitled to a full refund, once i have a report from a specialist that the car is faulty.
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Good luck dude, let us know how it pans out 
Speak to your bank. You can still do a chargeback on a debit card, you just lack the legal protection you get with using a credit card.
Edit - and afaik you don't need to spend £100 on the credit card to get the protection. The goods just have to be valued over £100. You could stick a quid down on credit card for something worth £100 and get the full protection.
Edit - and afaik you don't need to spend £100 on the credit card to get the protection. The goods just have to be valued over £100. You could stick a quid down on credit card for something worth £100 and get the full protection.
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You seem to be correct!