Carlogical Derby Avoid!!!

GhostWKD · 29 Jun 2017 at 09:37

ClareW said:
Did that mean you ever saw your money back? How long did court take?

Not from these clowns but similar.

All in all it took about a year. 1st-3rd requests for full refund along with justifications sent by recorded post each approx 2 weeks apart iirc.

I was lucky in that they ignored the problem. Started small claims court process after that (for sub £5k iirc, so you may be over the threshold) and 6 months later had gone to court, their lawyer asking if I'd accept settlement of 60% literally minutes before we went into court and the judge ruled in my favour.

sigma · 29 Jun 2017 at 11:35

GhostWKD said:
Not from these clowns but similar.

All in all it took about a year. 1st-3rd requests for full refund along with justifications sent by recorded post each approx 2 weeks apart iirc.

I was lucky in that they ignored the problem. Started small claims court process after that (for sub £5k iirc, so you may be over the threshold) and 6 months later had gone to court, their lawyer asking if I'd accept settlement of 60% literally minutes before we went into court and the judge ruled in my favour.

Did they actually pay up the ££?

It looks like I am going to go through similar but I have a feeling that the guy won't pay a penny.

GhostWKD · 29 Jun 2017 at 11:38

sigma said:
Did they actually pay up the ££?

It looks like I am going to go through similar but I have a feeling that the guy won't pay a penny.

Yep I got paid the full amount - including some silly amounts I added just out of spite (pro-rata car insurance and tax for time the car had to be off the road etc)

sigma · 29 Jun 2017 at 11:47

GhostWKD said:
Yep I got paid the full amount - including some silly amounts I added just out of spite (pro-rata car insurance and tax for time the car had to be off the road etc)

That's great!

I've cancelled the tax but kept it insured. I'm also not using it in case they want to claim wear and tear.

Did you think they'd pay? As in, did they mention anything about not paying in the conversations you had prior to taking them to court.

I've even got a diag test print out stating what the issue is and how much it'll cost to fix.

ClareW · 29 Jun 2017 at 11:57

GhostWKD said:
Yep I got paid the full amount - including some silly amounts I added just out of spite (pro-rata car insurance and tax for time the car had to be off the road etc)

I envy your persistence. I think I'll just take a loss, sell it to a trade dealer or as spares or repairs. I move in 10 days to 35 miles away from my job and have no cash for another car and maxed credit from buying this one. A learning curve is all I can put it down as. Don't buy a car

grudas · 29 Jun 2017 at 12:09

ClareW said:
I envy your persistence. I think I'll just take a loss, sell it to a trade dealer or as spares or repairs. I move in 10 days to 35 miles away from my job and have no cash for another car and maxed credit from buying this one. A learning curve is all I can put it down as. Don't buy a car

More like buy smart

I'd say If your knowledge of cars is small then go to big dealers and deal with them. If there's an issue you'll have a better chan of getting your money back. On a different note, don't let go and continue fighting. You've got a good case, you'll get your money back... Unless you're happy to write off that amount

ClareW · 29 Jun 2017 at 12:19

grudas said:
More like buy smart I'd say If your knowledge of cars is small then go to big dealers and deal with them. If there's an issue you'll have a better chan of getting your money back. On a different note, don't let go and continue fighting. You've got a good case, you'll get your money back... Unless you're happy to write off that amount

No no I know, I'm being dramatic. Actually have a pretty sound-ish knowledge of cars (if I do say so myself) and managed to get them to fix something I knew before viewing was on the last MOT as an advisory (even tho they said there was no faults with it). The fault with the car now can be cleared and it drives fine with no errors, hence it will be hard to prove if it was or wasn't there at time of sale.

Going back to the original post (which I feel super guilty for overstepping) they were really dodgy and hard sellers when I viewed the car, but when I did my "checks" it seemed like a perfectly functioning car. I was on my own and overexcited and gave into their "buy now or else" approach. I will write a post I think with the final outcome in more depth of their nastiness.

My best car buying experiences have been with private sellers who are generally more honest

IAmATeaf · 29 Jun 2017 at 12:48

As said before the onus is on them, if they really want to, to prove that the fault wasn't there and not on you to prove it was.

What I mean by "if they really want to" is they'll not be keen to issue a refund and will no doubt bodge some repair in order to hand the car back to you, so you'll you'd need to keep your wits about you to get testing and ask for details on what exactly was fixed.

ClareW · 29 Jun 2017 at 12:53

IAmATeaf said:
As said before the onus is on them, if they really want to, to prove that the fault wasn't there and not on you to prove it was.

What I mean by "if they really want to" is they'll not be keen to issue a refund and will no doubt bodge some repair in order to hand the car back to you, so you'll you'd need to keep your wits about you to get testing and ask for details on what exactly was fixed.

Well they did that the first time, the same fault has reoccurred. I'm even willing to take a hit on the initial £5400 because I just need something to buy a functioning car. Today it's being taken to the BMW that "fixed" it before so hopefully they will determine if the problem would have been there at the sale.

Gaygle · 29 Jun 2017 at 16:04

What year/kind of 1 series is it and what is the problem that keeps reoccurring?

ClareW · 29 Jun 2017 at 16:13

Gaygle said:
What year/kind of 1 series is it and what is the problem that keeps reoccurring?

09 E87 120d. It goes into limp mode and has a list of air flow/sensor issues come up on the code list. They replaced the intake manifold sensor, BMW replaced the air temperature sensor.

The news just now is that there is apparently no proof the problem in Feb was there in May when I bought it even tho its back now, but they're going to offer me a figure to buy it back off me

as long as I have something

Gaygle · 29 Jun 2017 at 17:40

I would hope that a buy back figure for the month and a bit you got to do a few miles in a car that needed to be returned to the dealer 3 times will be 100% of what you paid for it...

You're coming off as desperate for anything they'll give and they'll pick up on this and may give you a crap offer as a result. Stay resolute - you only bought a car from them, which has a problem that no one can figure out only a MONTH ago. They should be taking the car back and apologising for the inconvenience it's caused at a minimum! Not reluctantly taking it back and considering a figure to give you to buy it back from you!

Hint - the only figure they need to worry about is £5400.

ClareW · 30 Jun 2017 at 09:12

Gaygle said:
I would hope that a buy back figure for the month and a bit you got to do a few miles in a car that needed to be returned to the dealer 3 times will be 100% of what you paid for it...

You're coming off as desperate for anything they'll give and they'll pick up on this and may give you a crap offer as a result. Stay resolute - you only bought a car from them, which has a problem that no one can figure out only a MONTH ago. They should be taking the car back and apologising for the inconvenience it's caused at a minimum! Not reluctantly taking it back and considering a figure to give you to buy it back from you!

Hint - the only figure they need to worry about is £5400.

I understand how it comes across, but it is an issue of timing. I currently live 2 miles from my work (so I have walked/cycled since having no car) and am moving next week 35 miles away. I need a car in the next week. They have offered £4300 to buy it back, which I have accepted. If I had the funds to buy a run around or had the time to go without a car it is most likely I would win in a small claims court, but I'd need £700 upfront cost to begin the procedure and this is exactly how these crooks get away with it time and time again.

To lose £1100 in one month doesn't sit well with me (I'm supposedly an accountant

), but I have enough to buy a modest mini to get me about and that's my priority. I wish I could say it was a different outcome, but I ran out of time.

grudas · 30 Jun 2017 at 09:17

ClareW said:
I understand how it comes across, but it is an issue of timing. I currently live 2 miles from my work (so I have walked/cycled since having no car) and am moving next week 35 miles away. I need a car in the next week. They have offered £4300 to buy it back, which I have accepted. If I had the funds to buy a run around or had the time to go without a car it is most likely I would win in a small claims court, but I'd need £700 upfront cost to begin the procedure and this is exactly how these crooks get away with it time and time again.

To lose £1100 in one month doesn't sit well with me (I'm supposedly an accountant), but I have enough to buy a modest mini to get me about and that's my priority. I wish I could say it was a different outcome, but I ran out of time.

oh dont get a mini.. they can be very problematic too.

go get youreself a japanese hatchback for 4k and that'll run well and wont cost a lot to repair.

mazda 2 or 3
even mx5 if you dont mind 2 seats
toyota auris
honda civic

or even a ford fiesta..

ClareW · 30 Jun 2017 at 09:28

grudas said:
oh dont get a mini.. they can be very problematic too.

go get youreself a japanese hatchback for 4k and that'll run well and wont cost a lot to repair.

mazda 2 or 3
even mx5 if you dont mind 2 seats
toyota auris
honda civic

or even a ford fiesta..

I've had two before, they did me well. I can't get the same internal specs on anything else with as good 0-60. I'm a petrol head at heart and I like a nice interior finish. Maybe being a snob is my downfall, but heyho

grudas · 30 Jun 2017 at 09:37

ClareW said:
I've had two before, they did me well. I can't get the same internal specs on anything else with as good 0-60. I'm a petrol head at heart and I like a nice interior finish. Maybe being a snob is my downfall, but heyho

Hmm, fair enough

I don't get badge snobbery

ClareW · 30 Jun 2017 at 09:47

grudas said:
Hmm, fair enough I don't get badge snobbery

Not so much badge snobbery, but my driving experience and enjoyment of the interiors has been better with the mini/BMW/VWs I've owned and less so with the Fiat/Renault/Fords. I do love Mazdas, but they're just not as economical or fast or spec'd as the minis. More about getting the "best" for your money and I guess that's all relative to individual needs.

grudas · 30 Jun 2017 at 09:50

ClareW said:
Not so much badge snobbery, but my driving experience and enjoyment of the interiors has been better with the mini/BMW/VWs I've owned and less so with the Fiat/Renault/Fords. I do love Mazdas, but they're just not as economical or fast or spec'd as the minis. More about getting the "best" for your money and I guess that's all relative to individual needs.

My Mazda 3, 2007 was very high spec and I only paid 2.8k for it. Had auto lights, wipers, bose sound system.. led lights, xenon's etc etc.. it was higher spec than my current bmw.

It's all relative. There are low spec minis all over the place.

The issue with them is that they're not that reliable and when they break, the costs are high because of bmw parts and difficulty to work on them.

But each to their own, I just hope the mini doesn't break and give you problems.

Puzzled · 30 Jun 2017 at 13:29

How did you pay for the car? If you paid by credit card (even if just for the deposit) then you could have protection through them.

Using a credit card to pay for your car may not only be the cheapest way to get new wheels; it also gives you Section 75 protection.

So what is this? Basically, buy something - in this case a car - anywhere worldwide, costing between £100 and £30,000 and pay for any of it (even just 1p) on a credit card and the card company is jointly liable with the seller. So if it's faulty or you don't get the service, you can go to the card firm for your money back.

Plus if retailers dispute your claim, you need go to court. With a card firm you can go to the free Ombudsman. It doesn't just look at the law, but also if you're 'being treated fairly'. See our guide to Section 75 for more info.
http://www.moneysavingexpert.com/car-finance/buying-a-car-credit-card#picker

Dangerous Dave · 30 Jun 2017 at 13:34

ClareW said:
I understand how it comes across, but it is an issue of timing. I currently live 2 miles from my work (so I have walked/cycled since having no car) and am moving next week 35 miles away. I need a car in the next week. They have offered £4300 to buy it back, which I have accepted. If I had the funds to buy a run around or had the time to go without a car it is most likely I would win in a small claims court, but I'd need £700 upfront cost to begin the procedure and this is exactly how these crooks get away with it time and time again.

To lose £1100 in one month doesn't sit well with me (I'm supposedly an accountant), but I have enough to buy a modest mini to get me about and that's my priority. I wish I could say it was a different outcome, but I ran out of time.

The garage are having a laugh at your expense you should't be accepting anything else other than a full refund, have you taken it to BMW/good specialist for a quote to resolve the issue ? I would be surprised if it is more than £1100