Warranty with trade seller

[StonedPenguin]

Hi there

I could really use some advice on where to go next with this.

I bought a car on 26/2/21 from a trade seller in Liverpool, they are not a regional company. Just the 1 showroom with about 200 odd cars.

On the 20/4 the car slightly juddered and gave a 'Drivetrain Malfunction' error on the dash and went into limp mode.

I contacted the seller and they said 'take it to a local BMW specialist' so I found the most reputable local BMW indy I could and off it went (on a flatbed)

As I had no appointment there was a 3 week wait before it got looked at, these guys are very busy.

The software on the car was inspected, it appears to be factory standard

''Timing chain inspection finds the crank sprocket has fuzzed to the oil pump sprocket and cannot be separated in the conventional manor for removal. Once removed components show deformation of the oil pump sprocket to the crankshaft.

The timing chain and engine have been reassembled with the components supplied by customer; an MMR uprated single piece components''

The mechanic said he'd never seen this before, he said he's seen lots of spun crankhubs on modified cars but not a fuzzed hub.

As the crankhub seems to be a weak point in this engine (S55) I decided to replace it with an uprated one.

I called the garage in Liverpool to let them know it would be ready in a couple days and I would pay it myself and then forward the invoice on to them.

Invoice from garage £1600

Invoice for new crankhub: £600

Total £2200

I have a warranty that these guys gave me when I purchased the car, 6 months it lasts - it shows you a breakdown of components covered and crankshaft in engine IS one of them.

On the warranty paper it does say ''WARRANTY IS WITH US AND US ONLY''

I called them, they started flapping telling me

''I should've just got a quote from local indy to fix the issue but not have them repair it'' - They didn't say this, just take it to local BMW indy.

''If they knew it was such a large amount, they would have taken the car back and given me a refund''

''That's more than we made on the car!''

'' The invoice isn’t made out to us; we can’t claim VAT back!!''

They've requested the invoice be made out to them so they can claim VAT back.

The garage who did the work are having 'software issues' so they can't change the name/address on invoice yet until this is resolved - I've been waiting a week for this to be resolved -.-

Should I just stick a white label over my name/address and write the trade sellers address on it and stick it over my name on the invoice and send them that?

It's very likely I would've upgraded the crank hub on this at some point anyway so I'm not to fussed about the refund (£600) for the piece but think it’s only right I should be refunded £1600 at the very least.

 

[fezster]

I know it's easy to say in hindsight, but a quick call to the Trade seller before proceeding with the work would have made sense, especially given the amount involved.

Having said that, getting the invoice changed should be no big deal for the garage - just let them know it's in their interest if they want to get paid asap.

 

[ivrytwr3]

Yeah, you shouldn't have authorised the work, just got a quote and send it to the seller.

Will keep an eye on this thread, but it could get messy. Hopefully not!

ETA - x-post

 

[Diagro]

They told you to take it to a garage.
They DID NOT say give us the quote first.

But, it sounds like their willing to pay if they can claim the tax back.

Do a good will for them, and only ask for the £1600 back?

 

[StonedPenguin]

I know it's easy to say in hindsight, but a quick call to the Trade seller before proceeding with the work would have made sense, especially given the amount involved.

Having said that, getting the invoice changed should be no big deal for the garage - just let them know it's in their interest if they want to get paid asap.

They just said take it to local indy garage, they said nothing about giving them a quote before proceeding, only now are they saying that.

I paid it already because I needed the car back on the road.

They told you to take it to a garage.
They DID NOT say give us the quote first.

But, it sounds like their willing to pay if they can claim the tax back.

Do a good will for them, and only ask for the £1600 back?

Exactly this, yeah I would be happy to receive £1600 so I will mention that once they've received the invoice from the garage.

 

[Sirrel Squirrel]

That's amazing that they've said they'll pay for it but they should have probably been clear about just getting a quote first.

 

[watercooledman]

sounds like a decent garage to honor it still.

 

[dlockers]

That's amazing that they've said they'll pay for it but they should have probably been clear about just getting a quote first.

This.

Who authorises thousands of pounds of work without anything in writing?

 

[StonedPenguin]

They havn't agreed to pay anything yet...

The service manager's words were ''we didn't expect it to be that much, a £5-600 bill we can live with but 2+k! I need to talk to the manager but at least get us the invoice with our name on so we can claim VAT back''

This.

Who authorises thousands of pounds of work without anything in writing?

I do have something in writing, the warranty paper that states it covers the engine - crankhub amongst everything else.. They told me to take it to a local indy, the bill is 95% labour from the garage.. I imagine it would've cost maybe half the invoice amount just to diagnose it.. Because it had fuzzed together it took a lot of labour getting it out etc etc

Should I have got a quote.. then when they said no we wont pay that amount.. then send a partially dismantled car back 150 miles on a flatbed?

 

[rodenal]

I can understand your frustration, but to answer the flatbed query above - when/if they said no they should have either paid for the car to be transported and fixed elsewhere or refunded you and had it returned to them. As it stands you didn't give them the option, even if unintentionally

Whilst it is frustrating when you need to have the car available, they aren't being unreasonable by expecting you to communicate with them. Equally they should have be clear in their instructions.

I still think you will get the conclusion you want, but it might take a few hoops first

 

[StonedPenguin]

I can understand your frustration, but to answer the flatbed query above - when/if they said no they should have either paid for the car to be transported and fixed elsewhere or refunded you and had it returned to them. As it stands you didn't give them the option, even if unintentionally

Whilst it is frustrating when you need to have the car available, they aren't being unreasonable by expecting you to communicate with them. Equally they should have be clear in their instructions.

I still think you will get the conclusion you want, but it might take a few hoops first

Thanks

I'll await the garage to send the invoice addressed to them and give them a call see where we're going from here. I'll update the thread

 

[dlockers]

Remember to breath out the next time you breath in, too.

 

[naefeart]

Sounds like the seller is a decent business tbh. Although their instructions weren’t totally clear, I think it’s generally accepted that they weren’t telling you to go get it fixed in the first instance.

I’m actually surprised they seemed to be prepared to see this out. Even main dealers would be sucking air through their teeth at a 2k bill. Hope it all gets sorted.

 

[AWPC]

OP sorry but you made a big mistake here in authorising the work you should have spoken to the dealer first as they sound decent enough as did not just walk away. Now you are faced with most likely having to pay most of the £2200 yourself to settle this up. Ask the dealer how much they are prepared to pay off the £2200 if you can get them the VAT claimable invoice (just scan the one you got & edit the bits they require as its still a valid legal invoice if you also send a copy to the garage that did the work & they agree to this)!

I suspect the garage that did the work have also claimed something VAT wise on it hence why they do not wish to edit it anymore! If this is correct then you are looking at paying most of the £2200 yourself!

 

[GinG]

I am not sure how you would have expected them to pay without even giving you the go ahead to be honest.

Paying them yourself is just asking for trouble, I would have always got the garage to forward on the invoice to the garage once they have authorised the work as they would be claiming VAT back etc etc and rather than it being B2B it's Business 2 Consumer.

Warrantys have so many loop holes also, although the crankshaft had been covered in the paper they could have wiggled out by saying that the crankshaft had only failed due to another part which was not covered by warranty causing it to break therefore we are not paying out for example.

I wish you the best of luck fighting this and hope you get the result you need and chalk up as a life lesson in not to rush into getting things sorted.

 

[Maundie]

Did they actually say "Take it to a local BMW specialist and get it fixed"? They could argue the same back because what they said could be taken in 2 different ways, you really should've got it clarified that it was either diagnostics or repair they were authorising.

Garage sound half decent as most places would laugh down the phone at you and hide behind some small print in the warranty that would invalidate your claim, do not amend the invoice you've already gotten as they'll more than likely just bounce that but lean on the garage to amend their invoice otherwise I'd be fairly certain you're getting nothing back from this.

Good luck and as mentioned I don't think you'll get more than the £1600 as the uprated cam etc. wouldn't be warranty covered but if you do get this £1600 back it'd be a massive bonus

 

[StonedPenguin]

Update: The garage sent over the invoice to the trade seller, I called them they asked for my bank details and have now bank transferred the full invoice amount of £1600 to me

Nothing said regarding the cost of the upgraded crankhub but I'm happy to cover that as it isn't a stock piece.

 

[watercooledman]

you got lucky well done

 

[tom_e]

Never buy another car from anywhere else and maybe put the lottery on tonight.

 

[Havana_UK]

Shouldn't this garage be "named and praised" now for being a generally good business and doing the right thing?