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my advice think carefully if you go down the see you in court route the fees for £10,000 + claims go stratesferic when the paperwork is submitted by the claimant but it might have changed (.gov is a bit vague) your claimant will claim for loss of use traveling expenses car hire witness costs etc all the court costs and his claim initially will cost 4.5% of the claim so to start at least £450 these can add up to more than the original claim you might think you have a watertight case but you might see the wrong judge on the day who hates the motortrade if you could call in the expert witness of the bmw technician to stand in front of the judge and categorically say no codes you have a fair chance to prove you did everything by the book but you mention he might have missed it ,but it might not be allowed by the court to call him,i was denied my expert witness 3 months into the case or more to the point i never got no reply even though it was handed in at the court office and entered into the original defence the guy has a £10,000 paperweight at the minute and whatever happens he wants someone to pay and he doesnt want it to be him ive said before but will repeat all customers are liers this is the job we are in i would go the route as i said earlier of lobbing his p/x back checking over the bmw for signs of abuse and charging what i also consider is a reasonable sum of £500 wear and tear and all it encompasses remember if it goes to court the car will be laid up somewhere and these customers also try to claim for storage (8 months is normal from start to finish its a lot of money to pay back but if you can afford it get the car back get it fixed and retail it again because trust me here 6-8 months of legal paperwork and the hassles really are not worth it i go to court on principle and ive been advised its wrong to do that and i agree to be honest but im a stubborn old mule

I completely agree with this. You've tried being reasonable, but he is being a cock. He thinks he's got you over a barrel because he keeps quoting his consumer rights. But, I would like to know where it's says in his consumer rights, if you discover a fault, you should take it upon yourself to start removing parts to investigate further. His downfall is removing the instrument cluster. He is simply trying it on, and will soon back down once he realises you're not a push over. Although, I would personally refund him, less expenses. You just know if he gets so much as a puncture in a few months time, it will be your fault.

Just tell this burk that he needs to get the car to you for repair and you will fix it or bring it back to you for a refund under the terms you suggested (which is fair IMO) Balls in his court, or he can go to court which he will not do in a month of sundays. He will get that car back to you one way or another when he realises he is backed into a corner.

He has a right to a fault free car WHEN he purchases it. If you can prove it was fault free at that point then you are in position of strength. you must correct him on that