bmwboi2004
05-09-2007, 05:22 PM
Here is a copy of a letter sent to BMW Scott Hall in Stanmore Middx (London area, UK)
I have since sent dozens of letters and spoken to Richard Eggleshaw and Simon Anderson at BMW UK HQ, but nothing is being done.
I will post each of my letters if anyone wants them. I am so sick of these people. In all likelyhood, I will just return the car for a full refund which is a shame as I do like the car.
BMWBoi2004@yahoo.com
Letter:
The following is a without prejudice offer of settlement of a dispute between Scott Hall BMW Stanmore and myself regarding your sale to me of a defective motor vehicle.
Unless the context clearly established otherwise, any reference made herein to “you”, “your”, “dealership”, or “BMW” shall mean BMW Scott Hall Stanmore. Any reference to the “vehicle” shall mean a BMW 330i sports saloon, License Plate [redacted], Vin No.[redacted].
I purchased a BMW 330i sports saloon on or about March 23, 2007 from the Scott Hall BMW dealership in Stanmore. [Redacted] was my salesman. I had previously viewed and driven the vehicle for the first time approximately one week before that date and had been to the dealership one other time to discuss the payment details and insurance requirements prior to completing purchase.
One of the reasons I had opted to purchase a BMW was my perception of the reliability of German engineering. Another was the supposedly superior after sales service which would be afforded to my vehicle because it came with a one year warranty.
Specifically with regards to this last point, during the sales negation process, I had been told that if my vehicle ever required warranty work during the warranty period, I would be provided a courtesy car at no charge. This, along with the other points already mentioned served as an inducement for my paying a premium price for the vehicle and signing the contract of sale on the same day as my first viewing. So impressed was I with the replacement car cover that I even asked what type of car I would be given. I was told that it would be the same as my vehicle. Having recently returned form the USA and never having purchased a vehicle in the UK before—a fact that was made known to you—no mention was ever made of any insurance cost for the use of my “no cost” “courtesy car.” The transaction was completed without any major incident. (There was an issue with Bluetooth compatibility which has since been resolved. There was also an issue of charging me for body care and upholstery work twice, but I am willing to forgo my claim as to those amounts if settlement can be reached on the defect issue.)
Because of BMW’s provision of a free courtesy car, when I obtained my automobile insurance, I declined the purchase of rental car coverage as it would clearly be unnecessary for the duration of my warranty with BMW.
After having completed the transaction and taken possession of the vehicle, I began to notice certain defects that were not immediately apparent at the time of sale. For example, the tyres were in an extremely bad condition and the MOT certificate provided to me after the sale clearly sated that these were “close to the legal limit.” Yet, no mention was made of this until after I had paid for the vehicle. Also, there is a rattling sound coming from the front air conditioning outlet which has never been fully explored. Moreover, the air bag and coolant lights have come on for no reason.
However, the greatest defect is the vehicle’s inability to start. This first presented itself on or about the evening of June 19, 2007. The vehicle was parked at an underground parking garage. It had been driven there approximately 11 hours earlier. I called BMW assist and a driver was dispatched. Looking under the bonnet, he said that a sensor was “slightly out or alignment” but to try it again. It started and I drove it home without further incident.
The next day, I drove the vehicle straight to the BMW dealership (Scott Hall, Stanmore) to have it checked. I had left it there overnight and the next day, was told that “it’s starting now” and that no “fault” could be located. Further, I was advised that the only way I could be sure that there was no underlying problem, was the leave the vehicle with you indefinitely so you could “replicate” the fault. This, of course, I was unable to do. The following morning, once again, the vehicle did not immediately start, but did on a subsequent attempt. Since that time, this defect has persisted intermittently.
Then, on the morning of Friday, July 20, 2007, the vehicle once again failed to start. This time, upon finally starting, the “coolant” light was illuminated. So, I once again drove directly to your dealership, only by the time I arrived, the coolant indicator was no longer illuminated. However, I proceeded to tell the service advisor of the persistent defect concerning the non-starting of the vehicle. I also mentioned the coolant indicator problem. He stated that it was unlikely that the two were related but that in any event, the engine was “too hot” to add any water at this time. As to the failure to start defect, I was once again told to leave the vehicle with the dealership “for as long as it takes to find and fix the fault.” Clearly, this was no solution, so I drove to work.
After presenting no signs of the defect over the weekend, the vehicle again failed to start the morning of Monday, July 23, 2007. On this occasion, I had meetings all day so was unable to drive to the dealership. That said, I did call the dealership and the BMW assist number. The lady at the dealership was quite hostile while, because of extensive hold times (due to flooding related calls), I was unable to complete the Assists phone call. I managed to make all my appointments that day, and upon returning home that evening, the vehicle having sat undriven for over 24 hours, tried to start the vehicle. Miraculously, it started first time.
I have since come to the conclusion that BMW have (whether knowingly or not) sold me a defective vehicle. The reason for the lengthy letter is that I wish to have my defective vehicle repaired. So far, I have not been able to convince BMW that my vehicle is defective. This is because you have required me to deposit my vehicle with your for an indefinite period of time. This, I am unable to do.
Therefore, I propose the following compromise. I will make an arrangement to deposit my vehicle with your dealership (or a dealership of your choice) and you will furnish me with a like model BMW replacement car (just like was agreed at the time of sale), and I will place the replacement car under my insurance policy, but that the cost of this will be reimbursed by your dealership. Without such an arrangement, the provision of a courtesy car is illusory on your part. This is even more so when if I had been fully informed of the “hidden” cost of the courtesy car, I would have procured insurance that would have covered the courtesy car at no additional charge.
I have a duty to mitigate my loss in that matter and this is a genuine attempt to resolve the dispute we have in the most cost effective manner. The cost to you of this will be less than £100 (more likely £50). I get my vehicle repaired and all parties ought to be quite satisfied. In light of the alternative (including, but not limited to, ultimately returning the vehicle and BMW refunding me the purchase price plus costs), this is a very fair and sensible offer.
You have 7 days from the date at the top of this letter to advise how you wish to proceed.
I look forward to receiving your response.
I have since sent dozens of letters and spoken to Richard Eggleshaw and Simon Anderson at BMW UK HQ, but nothing is being done.
I will post each of my letters if anyone wants them. I am so sick of these people. In all likelyhood, I will just return the car for a full refund which is a shame as I do like the car.
BMWBoi2004@yahoo.com
Letter:
The following is a without prejudice offer of settlement of a dispute between Scott Hall BMW Stanmore and myself regarding your sale to me of a defective motor vehicle.
Unless the context clearly established otherwise, any reference made herein to “you”, “your”, “dealership”, or “BMW” shall mean BMW Scott Hall Stanmore. Any reference to the “vehicle” shall mean a BMW 330i sports saloon, License Plate [redacted], Vin No.[redacted].
I purchased a BMW 330i sports saloon on or about March 23, 2007 from the Scott Hall BMW dealership in Stanmore. [Redacted] was my salesman. I had previously viewed and driven the vehicle for the first time approximately one week before that date and had been to the dealership one other time to discuss the payment details and insurance requirements prior to completing purchase.
One of the reasons I had opted to purchase a BMW was my perception of the reliability of German engineering. Another was the supposedly superior after sales service which would be afforded to my vehicle because it came with a one year warranty.
Specifically with regards to this last point, during the sales negation process, I had been told that if my vehicle ever required warranty work during the warranty period, I would be provided a courtesy car at no charge. This, along with the other points already mentioned served as an inducement for my paying a premium price for the vehicle and signing the contract of sale on the same day as my first viewing. So impressed was I with the replacement car cover that I even asked what type of car I would be given. I was told that it would be the same as my vehicle. Having recently returned form the USA and never having purchased a vehicle in the UK before—a fact that was made known to you—no mention was ever made of any insurance cost for the use of my “no cost” “courtesy car.” The transaction was completed without any major incident. (There was an issue with Bluetooth compatibility which has since been resolved. There was also an issue of charging me for body care and upholstery work twice, but I am willing to forgo my claim as to those amounts if settlement can be reached on the defect issue.)
Because of BMW’s provision of a free courtesy car, when I obtained my automobile insurance, I declined the purchase of rental car coverage as it would clearly be unnecessary for the duration of my warranty with BMW.
After having completed the transaction and taken possession of the vehicle, I began to notice certain defects that were not immediately apparent at the time of sale. For example, the tyres were in an extremely bad condition and the MOT certificate provided to me after the sale clearly sated that these were “close to the legal limit.” Yet, no mention was made of this until after I had paid for the vehicle. Also, there is a rattling sound coming from the front air conditioning outlet which has never been fully explored. Moreover, the air bag and coolant lights have come on for no reason.
However, the greatest defect is the vehicle’s inability to start. This first presented itself on or about the evening of June 19, 2007. The vehicle was parked at an underground parking garage. It had been driven there approximately 11 hours earlier. I called BMW assist and a driver was dispatched. Looking under the bonnet, he said that a sensor was “slightly out or alignment” but to try it again. It started and I drove it home without further incident.
The next day, I drove the vehicle straight to the BMW dealership (Scott Hall, Stanmore) to have it checked. I had left it there overnight and the next day, was told that “it’s starting now” and that no “fault” could be located. Further, I was advised that the only way I could be sure that there was no underlying problem, was the leave the vehicle with you indefinitely so you could “replicate” the fault. This, of course, I was unable to do. The following morning, once again, the vehicle did not immediately start, but did on a subsequent attempt. Since that time, this defect has persisted intermittently.
Then, on the morning of Friday, July 20, 2007, the vehicle once again failed to start. This time, upon finally starting, the “coolant” light was illuminated. So, I once again drove directly to your dealership, only by the time I arrived, the coolant indicator was no longer illuminated. However, I proceeded to tell the service advisor of the persistent defect concerning the non-starting of the vehicle. I also mentioned the coolant indicator problem. He stated that it was unlikely that the two were related but that in any event, the engine was “too hot” to add any water at this time. As to the failure to start defect, I was once again told to leave the vehicle with the dealership “for as long as it takes to find and fix the fault.” Clearly, this was no solution, so I drove to work.
After presenting no signs of the defect over the weekend, the vehicle again failed to start the morning of Monday, July 23, 2007. On this occasion, I had meetings all day so was unable to drive to the dealership. That said, I did call the dealership and the BMW assist number. The lady at the dealership was quite hostile while, because of extensive hold times (due to flooding related calls), I was unable to complete the Assists phone call. I managed to make all my appointments that day, and upon returning home that evening, the vehicle having sat undriven for over 24 hours, tried to start the vehicle. Miraculously, it started first time.
I have since come to the conclusion that BMW have (whether knowingly or not) sold me a defective vehicle. The reason for the lengthy letter is that I wish to have my defective vehicle repaired. So far, I have not been able to convince BMW that my vehicle is defective. This is because you have required me to deposit my vehicle with your for an indefinite period of time. This, I am unable to do.
Therefore, I propose the following compromise. I will make an arrangement to deposit my vehicle with your dealership (or a dealership of your choice) and you will furnish me with a like model BMW replacement car (just like was agreed at the time of sale), and I will place the replacement car under my insurance policy, but that the cost of this will be reimbursed by your dealership. Without such an arrangement, the provision of a courtesy car is illusory on your part. This is even more so when if I had been fully informed of the “hidden” cost of the courtesy car, I would have procured insurance that would have covered the courtesy car at no additional charge.
I have a duty to mitigate my loss in that matter and this is a genuine attempt to resolve the dispute we have in the most cost effective manner. The cost to you of this will be less than £100 (more likely £50). I get my vehicle repaired and all parties ought to be quite satisfied. In light of the alternative (including, but not limited to, ultimately returning the vehicle and BMW refunding me the purchase price plus costs), this is a very fair and sensible offer.
You have 7 days from the date at the top of this letter to advise how you wish to proceed.
I look forward to receiving your response.