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      02-24-2017, 02:39 PM   #1
amaar_malik
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Rejecting Car after issues

Hi,

I was wondering if anyone has rejected a bmw before & what the process was, was there a certain criteria & time frame i need to meet?

I have a 340i registered on the 23rd of December which i purchased from BMW Grimsby.

After i starting hearing clicks upon acceleration i took it into the dealer Newcastle Lloyds, they have had the car now just under 3 weeks, after running numerous tests, they came to the conclusion it was the diff, they have replaced the diff costing around 6k ofcourse under warranty.. the problem still goes on, i havent got the car back as they don't know whats going on and are waiting for BMW to tell them what to do next.. and quite frankly i don't want the car back so i have asked to start the process of rejecting the car. BMW Newcastle can't do this, so i have rang Grimsby and informed them of the problems and they are willing to back me on rejecting the car.

I was just wondering how this process actually works, im guessing BMW headquarters need to approve it or something?
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      02-24-2017, 02:45 PM   #2
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Quote:
Originally Posted by amaar_malik View Post
Hi,

I was wondering if anyone has rejected a bmw before & what the process was, was there a certain criteria & time frame i need to meet?

I have a 340i registered on the 23rd of December which i purchased from BMW Grimsby.

After i starting hearing clicks upon acceleration i took it into the dealer Newcastle Lloyds, they have had the car now just under 3 weeks, after running numerous tests, they came to the conclusion it was the diff, they have replaced the diff costing around 6k ofcourse under warranty.. the problem still goes on, i havent got the car back as they don't know whats going on and are waiting for BMW to tell them what to do next.. and quite frankly i don't want the car back so i have asked to start the process of rejecting the car. BMW Newcastle can't do this, so i have rang Grimsby and informed them of the problems and they are willing to back me on rejecting the car.

I was just wondering how this process actually works, im guessing BMW headquarters need to approve it or something?

If your dealer is supporting that is key.

Firstly put it all in writing ASAP. To Newcastle, Grimsby, BMW UK customer services & BMW Finance (if on finance with them). Get all their emails and do it in one go to save you time. Keep all your delivery receipts, replies etc.

The dealer (Grimsby) should come up with a figure to buy the car back from you. BMWUK/BMWFS will have to make up the difference to what you original put. Then it is up to you if you want to chase payments made against the car and other money lost due to the rejection.

That is pretty much it. Might take a bit of time but should be ok.
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      02-24-2017, 02:46 PM   #3
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Wow that is bad!

Should have stuck with diesel!
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      02-24-2017, 03:19 PM   #4
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Quote:
Originally Posted by amaar_malik View Post
Hi,

I was wondering if anyone has rejected a bmw before & what the process was, was there a certain criteria & time frame i need to meet?

I have a 340i registered on the 23rd of December which i purchased from BMW Grimsby.

After i starting hearing clicks upon acceleration i took it into the dealer Newcastle Lloyds, they have had the car now just under 3 weeks, after running numerous tests, they came to the conclusion it was the diff, they have replaced the diff costing around 6k ofcourse under warranty.. the problem still goes on, i havent got the car back as they don't know whats going on and are waiting for BMW to tell them what to do next.. and quite frankly i don't want the car back so i have asked to start the process of rejecting the car. BMW Newcastle can't do this, so i have rang Grimsby and informed them of the problems and they are willing to back me on rejecting the car.

I was just wondering how this process actually works, im guessing BMW headquarters need to approve it or something?
if they are backing you then its a no brainer mate, reject and re order, you'll get a courtesy car until your new one arrives I'm sure.

Definitely a petrol thing...
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      02-24-2017, 03:40 PM   #5
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Hopefully Adam, K44ENT (I think that's his forum name) can help if he's still around.

He was on a Jag forum I was on and I know he had rejected several cars, both Jag and BMW. I suspect he might be a little more particular than most, but he'll know the process inside out.

It is my understanding, although I might be wrong, that they only have one chance to rectify a problem and then you can insist on rejecting it.

Last edited by Goneinsixtyseconds; 02-24-2017 at 04:15 PM..
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      02-24-2017, 03:45 PM   #6
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Quote:
Originally Posted by AndyEssex330d View Post
if they are backing you then its a no brainer mate, reject and re order, you'll get a courtesy car until your new one arrives I'm sure.

Definitely a petrol thing...
Only problem with reordering now is the post 1st April tax change, so it's going to cost the OP even more!
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      02-24-2017, 04:33 PM   #7
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Quote:
Originally Posted by ajfoggy View Post
Only problem with reordering now is the post 1st April tax change, so it's going to cost the OP even more!
Surely BMW are duty bound to honour any previous deal? Naive to hope possibly. Would be horrified to think he would effectively be out of pocket due to a manufacturing defect. If that were the case that he would now be shoved in to the new VED, I'd like to hope he'd have a case. Probably unique due to the new costs incurred but I think I'd like he'd be protected. If nowt else, they offer an equivalent up-spec/extras to cover the increase!

Shit situation in any case, OP.
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      02-24-2017, 04:41 PM   #8
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Quote:
Originally Posted by Symbol-formerly Mr Helmut View Post
Surely BMW are duty bound to honour any previous deal? Naive to hope possibly. Would be horrified to think he would effectively be out of pocket due to a manufacturing defect. If that were the case that he would now be shoved in to the new VED, I'd like to hope he'd have a case. Probably unique due to the new costs incurred but I think I'd like he'd be protected. If nowt else, they offer an equivalent up-spec/extras to cover the increase!

Shit situation in any case, OP.

I very much doubt it. I think you would have to take it to court to get that. They can only offer you the same offer if you order exactly the same car. Which is fine, but the VED isn't really their problem, I agree it's due to the fault / rejection that the OP would have to pay more. But it's their choice to reject they could continue to let them try and fix the issue.
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      02-24-2017, 04:50 PM   #9
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Quote:
Originally Posted by ajfoggy View Post


I very much doubt it. I think you would have to take it to court to get that. They can only offer you the same offer if you order exactly the same car. Which is fine, but the VED isn't really their problem, I agree it's due to the fault / rejection that the OP would have to pay more. But it's their choice to reject they could continue to let them try and fix the issue.
Agreed, they are not forced into supplying a new car, only refunding the 'faulty' car. No court would hold them responsible for VED increase on a newly supplied car.

Worth mentioning though, could get some sympathy freebies thrown in
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      02-24-2017, 06:02 PM   #10
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Damn man its a stunning car too!
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      02-24-2017, 06:24 PM   #11
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Quote:
Originally Posted by Alex440 View Post
Hopefully Adam, K44ENT (I think that's his forum name) can help if he's still around.

He was on a Jag forum I was on and I know he had rejected several cars, both Jag and BMW. I suspect he might be a little more particular than most, but he'll know the process inside out.

It is my understanding, although I might be wrong, that they only have one chance to rectify a problem and then you can insist on rejecting it.
Arr yes I remember him on here. He rejected that many BMWs that they wont sell him one any more.
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      02-24-2017, 06:39 PM   #12
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Quote:
Originally Posted by ajfoggy View Post
I very much doubt it. I think you would have to take it to court to get that. They can only offer you the same offer if you order exactly the same car. Which is fine, but the VED isn't really their problem, I agree it's due to the fault / rejection that the OP would have to pay more. But it's their choice to reject they could continue to let them try and fix the issue.
A very underpant situation for sure. In reality for the OP, it could be an extra 3k or so if he's pushed in to a post April order for exercising his right to reject on a clearly consumer/seller based situation. In an equal and fair world (which we obviously dont live in), its akin to getting dry-bummed by a 20 stone tranny with the clap when you thought you were getting off with a lush virgin. Might be just my warped perception?
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      02-24-2017, 06:44 PM   #13
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Quote:
Originally Posted by Symbol-formerly Mr Helmut View Post
A very underpant situation for sure. In reality for the OP, it could be an extra 3k or so if he's pushed in to a post April order for exercising his right to reject on a clearly consumer/seller based situation. In an equal and fair world (which we obviously dont live in), its akin to getting dry-bummed by a 20 stone tranny with the clap when you thought you were getting off with a lush virgin. Might be just my warped perception?
.... or personal experience perhaps

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      02-24-2017, 06:48 PM   #14
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.... or personal experience perhaps

We don't talk about 'Hannover '87. End of...'

And it was dark....apparently.
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      02-24-2017, 06:50 PM   #15
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Originally Posted by Symbol-formerly Mr Helmut View Post
We don't talk about 'Hannover '87. End of...'

And it was dark....apparently.

And you should have gone to spec savers

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      02-24-2017, 06:54 PM   #16
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And you should have gone to spec savers

Mate, after 20 bottles of Keisbartenfurthenbrau, I should have gone to cock-savers. Sorry, my mate should have gone to....
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      02-24-2017, 07:01 PM   #17
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You really are on top form tonight
He could give Roy Chubby Brown a run for his money, damn...
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      02-24-2017, 07:13 PM   #18
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He could give Roy Chubby Brown a run for his money, damn...
Hmm. I went to see Chubby at the pier in Blackpool around '98 ish and prior to that was a great fan (all his vids and found him quite funny). Seeing him live, found him to be a tedious, predictable fat twat. Ironically, I heckled him the very same and he was surprisingly speechless. Me and the other five Royal Marines walked out mid set calling him less progressive than Benny Hill and as funny as cock cancer. Wasnt such a funny sweary cunt then and almost cried at the rejection....
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      02-24-2017, 11:21 PM   #19
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OP you cannot reject the car at this stage. Under the Sale of Goods Act the manufacturer must make reasonable attempts to rectify the problem. You would have to see what BMW Germany advise the dealership. If it is resolved you cannot reject it.

If it is not resolved then you have every right to invoke the S of G Act. An independent engineer report will give your case more clout. A cost will be incurred for this but you will be able to claim it all back as compensation from BMW.

Speak to your local trading standards if need be.

If the car is on finance you need to put your rejection to them.

Manufacturers warranty or not from the point of sale the dealer has 6 months to prove the car is not at fault (reasonable time). Often this drags out with unscrupulous dealers who "cannot fault" the car. Outside this time frame it is down to the owner to prove there is a fault - if you can do that then you still have a case. If not they will keep wasting your time or throw parts at the problem willy nilly to keep you sweet now and again.

Keep a written record of everything so you have evidence. Get the dealership to confirm in writing or e-mail what they have done or not done etc. Too often cases like this fall apart because...

You: "I called the head of service last week."
Service Rep: "Do you remember what he said?"
You: "Put me through to him."
Service Manager: "We're looking into it."

Zero weight to any claim or rejection unless you record the calls.

Last edited by Soul_Glo; 02-24-2017 at 11:28 PM..
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      02-25-2017, 12:25 AM   #20
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Quote:
Originally Posted by Broken_Gearbox View Post
OP you cannot reject the car at this stage. Under the Sale of Goods Act the manufacturer must make reasonable attempts to rectify the problem. You would have to see what BMW Germany advise the dealership. If it is resolved you cannot reject it.

If it is not resolved then you have every right to invoke the S of G Act. An independent engineer report will give your case more clout. A cost will be incurred for this but you will be able to claim it all back as compensation from BMW.

Speak to your local trading standards if need be.

If the car is on finance you need to put your rejection to them.

Manufacturers warranty or not from the point of sale the dealer has 6 months to prove the car is not at fault (reasonable time). Often this drags out with unscrupulous dealers who "cannot fault" the car. Outside this time frame it is down to the owner to prove there is a fault - if you can do that then you still have a case. If not they will keep wasting your time or throw parts at the problem willy nilly to keep you sweet now and again.

Keep a written record of everything so you have evidence. Get the dealership to confirm in writing or e-mail what they have done or not done etc. Too often cases like this fall apart because...

You: "I called the head of service last week."
Service Rep: "Do you remember what he said?"
You: "Put me through to him."
Service Manager: "We're looking into it."

Zero weight to any claim or rejection unless you record the calls.
The rejection goes to the retailer. In this case BMW Grimsby. But as I said copy them all in so everyone knows the score.
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      02-25-2017, 05:50 AM   #21
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Broken_Gearbox is partly right. If the car's on finance your contract is with BMWFS not the dealer. It's a common misconception but if it's PCP you don't buy the car from the dealer. They sell it to BMWFS who then hire the car to you. If everyone agrees you can reject that's fine, but ultimately it's up to FS and in my experience they do not roll over easily.

If you start getting dicked around your legal protection is the Consumer Rights Act 2015. The Financial Ombudsman can be helpful but will also expect you to give them a reasonable chance to fix it.

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      02-25-2017, 09:07 AM   #22
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Something doesn't add up with the initial issue. There's no way a new diff and fitting would cost £6K so what else have they done? I have the BMW LSD on mine and it cost around a third of that, fitted.
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