BMW specialist report about my 120d

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fez_7
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Joined: Fri Jan 19, 2018 1:33 pm

Re: BMW specialist report about my 120d

Post by fez_7 » Wed Jul 04, 2018 12:47 am

As mentioned above, the car is not fit for purpose. You've been given good advice above to help you already. Their description refers to the car being checked before sale yet the specialist's report shows otherwise so something doesn't add up.

Check out your rights under the Consumer Rights Act. There is so much information online to help you. Google is your friend. There are even template letters you can use.

I had a vaguely similar issue with the trader I bought my car from. Basically, he advertised and sold the car with 2 keys supplied but it turned out the second key fob was for a different car (so it was not fit for purpose). After he refused to accept any responsibility over the phone, I wrote to him pointing out that I was fully aware of my rights under the Consumer Rights Act and if he didn't pay for a new key then I would take him to court. He then referred my letter to his solicitor and promptly paid for a new key following his solicitor's advice. Little did he know that I am training to be a solicitor too! :lol:

Be confident in yourself and know what you are entitled to. Don't let a trader try to fob you off and shirk their responsibility after they have taken your hard-earned cash. Hope it works out for you!
2013 116D EfficientDynamics

ASB1960
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Re: BMW specialist report about my 120d

Post by ASB1960 » Wed Jul 04, 2018 1:36 am

It is possible that you have some legal cover on any household policy you have. That may prove helpful.

Having paid by bankcard it is unfortunate that that does not cause joint and several liability. However it is the case that some devit card issuers extend this voluntarily. So find out and start the dispute process with you card provider if possible.

You should check the consumer rights act to ascertain the process of formal rejection and set out your required remedy.

You also need to consider how you are going serve your notice of rejection on the vendor. Are they likely to sign for anything recorded ? You may choose to rely on the interpretations act for assumed delivery. In this case have somebody go to the post office with you and video the letter being placed in the envelope and it handed over and free proof of posting obtained.

If you are prepared to go to court now would be a good time to start researching the civil procedure rules. It is important that they are followed and a compliant letter before action is sent. You can then move on to the particulars of claim.

Document carefully your consequential loss. It should ultimately form part of any claim.

Unfortunately it can become a long and tedious process.

There are loads of legal forums out there that will offer qualified advice and guidance.

Good luck.
M135i 3 door, auto, mineral grey/oyster - black, bus nav, black panel, adaptive, driver comfort. Arrived 24th June 2014.

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