Brand New 440i GC - Drive Train Error

Herr Gross Byte · 07-12-2018, 03:05 PM

Hi All,

I've had my 440i GC for 3 weeks and covered 700* miles. Today I had a drive train error warning for the second time. The first time it happened (at 250 miles) BMW assist sent out a mobile tech who diagnosed a 'crank sensor fault' which was reset. It's now going into a BMW dealer for investigation of the second occurrence tomorrow.

I'm willing to let them have a go to fix it but I'm thinking longer term if this keeps on happening. I'd like to sound the forum out for advice please on my rights. The car is on PCP with BMW finance. I know that it is possible to reject a car (we are not at that stage yet) but what are the timescales for doing this?

*I've been closely following the running-in advice, just to avoid any wiggle room on warranty claims such as this.

Advice greatly appreciated. I don't use the car much at the moment so it isn't a major inconvenience but I can't help thinking this shouldn't be happening.

Mit freundlichen Gruβen

Herr Groβ Byte

robbiep · 07-12-2018, 03:44 PM

Under the CRA, you have the absolute right to reject and receive a full refund for 4 weeks. You can choose to, but you are NOT obliged to do so, give the supplying garage an opportunity to rectify the fault.
After the first 4 week period is over, if a fault develops within the first 6 months of ownership, you MUST give the supplying dealer one opportunity to rectify the fault (and such an attempt fails to rectify the fault) before you can reject the car. In this situation, the supplying dealer is entitled to make what is termed as a 'reasonable deduction' from the refund for the use you've had of the car.

Do note that, even though the faults in your case have happened within the first four weeks, if you reject the car outside the first four weeks then the 'six month' rule applies. There is NO facility within the legislation for saying 'If you don't fix it then I'll reject it, and we'll treat the rejection as having happened at the earlier date' unless you specifically agree with the dealer (and have proof of such agreement).

I also note that you say it's going into 'a BMW dealer'. Your contract is with the supplying dealer - not BMW GB, or their finance arm, or even another dealer within the same group as the supplying dealer.

cfm56d7b · 07-12-2018, 05:43 PM

Very detailed write up, specific to UK vehicle owners - correct?

robbiep · 07-13-2018, 12:25 AM

Quote:

Originally Posted by cfm56d7b

Very detailed write up, specific to UK vehicle owners - correct?

Yes, it's specific to the UK.

The legislation is the Consumer Rights Act (2015), so relatively new - and still largely untested in the courts, especially exactly what defines, for example, a 'reasonable deduction' from the refund in the six month period.

Herr Gross Byte · 07-13-2018, 02:29 AM

Thanks Robbiep for pointing me to the CRA. I'm thinking the best course of action in this situation is to reject the car (sadly). I'm going to think it over today. I will not be taking it into a BMW workshop tomorrow as you were right, that's not where I bought it. I've got 10 days left of the 30 day period. What I can't allow is if this goes over the 30 day, the issue reoccurs after an attempted fix and I'm then out of pocket if I decide to reject. So I'm thinking a straight rejection now is the best course of action to protect my rights.

07-12-2018, 03:05 PM	#1
Herr Gross Byte Private First Class 135 Rep 150 Posts Drives: 440i GC Join Date: Aug 2017 Location: Essex iTrader: (0)	Brand New 440i GC - Drive Train Error - Advice Needed Hi All, I've had my 440i GC for 3 weeks and covered 700* miles. Today I had a drive train error warning for the second time. The first time it happened (at 250 miles) BMW assist sent out a mobile tech who diagnosed a 'crank sensor fault' which was reset. It's now going into a BMW dealer for investigation of the second occurrence tomorrow. I'm willing to let them have a go to fix it but I'm thinking longer term if this keeps on happening. I'd like to sound the forum out for advice please on my rights. The car is on PCP with BMW finance. I know that it is possible to reject a car (we are not at that stage yet) but what are the timescales for doing this? *I've been closely following the running-in advice, just to avoid any wiggle room on warranty claims such as this. Advice greatly appreciated. I don't use the car much at the moment so it isn't a major inconvenience but I can't help thinking this shouldn't be happening. Mit freundlichen Gruβen Herr Groβ Byte
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07-12-2018, 03:44 PM	#2
robbiep Brigadier General 1983 Rep 3,216 Posts Drives: VW e-Golf ! Join Date: Dec 2013 Location: North Wales, UK iTrader: (0)	Under the CRA, you have the absolute right to reject and receive a full refund for 4 weeks. You can choose to, but you are NOT obliged to do so, give the supplying garage an opportunity to rectify the fault. After the first 4 week period is over, if a fault develops within the first 6 months of ownership, you MUST give the supplying dealer one opportunity to rectify the fault (and such an attempt fails to rectify the fault) before you can reject the car. In this situation, the supplying dealer is entitled to make what is termed as a 'reasonable deduction' from the refund for the use you've had of the car. Do note that, even though the faults in your case have happened within the first four weeks, if you reject the car outside the first four weeks then the 'six month' rule applies. There is NO facility within the legislation for saying 'If you don't fix it then I'll reject it, and we'll treat the rejection as having happened at the earlier date' unless you specifically agree with the dealer (and have proof of such agreement). I also note that you say it's going into 'a BMW dealer'. Your contract is with the supplying dealer - not BMW GB, or their finance arm, or even another dealer within the same group as the supplying dealer.
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07-12-2018, 05:43 PM	#3
cfm56d7b Lieutenant General 5886 Rep 10,256 Posts Drives: 2017 440i Gran Coupe & 2015 X5 Join Date: Nov 2012 Location: Orange County, CA iTrader: (2)	Very detailed write up, specific to UK vehicle owners - correct?
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07-13-2018, 02:29 AM	#5
Herr Gross Byte Private First Class 135 Rep 150 Posts Drives: 440i GC Join Date: Aug 2017 Location: Essex iTrader: (0)	Thanks Robbiep for pointing me to the CRA. I'm thinking the best course of action in this situation is to reject the car (sadly). I'm going to think it over today. I will not be taking it into a BMW workshop tomorrow as you were right, that's not where I bought it. I've got 10 days left of the 30 day period. What I can't allow is if this goes over the 30 day, the issue reoccurs after an attempted fix and I'm then out of pocket if I decide to reject. So I'm thinking a straight rejection now is the best course of action to protect my rights.
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