Customer- I want my money back

[slademotors 3]

Hi 

Car in question BMW 3 series 318i Auto Petrol 2006. 86K on the clock. 

Brought the car from BCA - i always buy from BCA. Drove it back from Thurleigh to Wiltshire- around two hours drive. I noticed a miss fire got home connected it to my diagnostics kit and it was basically the ignition coil. I had the car listed on autotrader and one guy was really interested to view before i can get the work done by my mechanic. I told him of the faults and the misfire he was still keen to come and view the car. So he came down viewed the car tried to test drive but we didnt get very far on the test drive because there was loud banging noise coming from the back of the car. I told him i will get my my mechanic to have alook and fix the issues and if he was still interested to come and test drive again. I thought he wouldnt come and was very embarrased as we could not complete a test drive.

MY mechanic replaced all 4 coils plus spark plugs and done a full service on the car fix the rear suspension arm. The car past is MOT just a one minior advisory related to a small chip on the windscreen. MOT is carried out by someone who is independent of my mechanic who i used and i dont do any work in house.

The said customer then comes again to view the car. This time we complete a satisfactory test drive .. there no fault codes shown on on the diagnostics. he pays me cash and some bank transfer get the PDI signed saying hes happy and get him to sign an invoice . I used lawgistics stationary for this.

Within 40 mins of selling the customer texts me saying the car has gone into limp mode and ive just filled up with petrol. He wants his money back I said that is strange as i ran diagnostics and no faults were showing and i will come down check what is causing the limp mode. He is not interested in a repair or anything just wants his money back.

His previous car was diesel so i am suspecting hes put diesel in a petrol car but cant be sure unless someone comes and takes a look but he's not interested wants me to collect the car and wants the money back.He also negotiated a discount as well.  I am new trader only been in the game for 1.5 years. Would like some advise i feel i have right to repair if he can prove there was problem existing problem which i did not make him aware of.

Edited April 20, 2023 by slademotors

[It's me 610]

he's rejected the car after 40 mins 

he has the right to a full refund

get it back fix it and sell it again probably for more 

if you find he misfueled it consider the small claims court 

at this stage you are on the wrong side of consumer law 

sorry

[slademotors 3]

2 hours ago, It's me said:

he's rejected the car after 40 mins 

he has the right to a full refund

get it back fix it and sell it again probably for more 

if you find he misfueled it consider the small claims court 

at this stage you are on the wrong side of consumer law 

sorry

How am on the wrong side? I done everything in my power to make that car was fit and proper and roadworthy. There was no pre existing faults with the car. He signed the PDI and took for test drive so onus is on him to prove there was an existing fault when I sold it. 

[It's me 610]

9 minutes ago, slademotors said:

How am on the wrong side? I done everything in my power to make that car was fit and proper and roadworthy. There was no pre existing faults with the car. He signed the PDI and took for test drive so onus is on him to prove there was an existing fault when I sold it. 

he signed the PDI 40 minutes prior and drove away

best of luck with that one

 

[slademotors 3]

5 minutes ago, It's me said:

he signed the PDI 40 minutes prior and drove away

best of luck with that one

 

Yes at which the car was behaving perfectly fine without any issues. 

[Highlinev8 28]

Private customer has the right to reject a car thats developed a fault within 30 days. Hes entitled to a full refund and doesnt have to give you a chance to fix. 

Honestly taking a car back straight away is the easiest way out of it. Taking cars back months later when theres part exchanges involved is the real hassle.

 

[Jack Regan 116]

First thing you need to do is see if he’s put wrong fuel in it , if he has then it’s not your problem it’s his .

[slademotors 3]

7 hours ago, Jack Regan said:

First thing you need to do is see if he’s put wrong fuel in it , if he has then it’s not your problem it’s his .

He was expecting me to come to his house collect the car and give his money back. I spoke to lawgistics they told me similar to what you have and told me that he needs to prove there is a fault and he has a right to reject it. I then told him to get the car recovered to my address and i will investigate the issue and then we can take it from there RE refund etc. Since that message hes gone all quiet and not responded. 

I guess he has a right to reject if it develops a fault but its need to proven that fault existed at the time of sale right?

He wont let me run any diagnostics or get anyone come out and check it just say hes wants his money back because its gone in limp mode.. but i need more information as to why and what has caused it. Is it something that existed before he purchased or did develop after he purchased it? 

 

Edited April 20, 2023 by slademotors

[justina3 518]

Something that takes a long time in this trade is how to pick your battles. 
 

Put that argument in front of a judge you would have more chance of running for American president. 

[Rbs 1]

You can’t put diesel in a petrol by mistake as the diesel gun nozzle at the pump won’t fit as is bigger than a petrol gun nozzle so you can rule out mis fuelling. Chances is the fault was the same fault as before you sold the car and just reoccurred maybe possible ECU fault. Customer is entitled to refund as is within 30 days. Best never to sell to customer who knows there’s a fault before purchase as if engine light comes on they will always try and say same fault as before I bought it and is a ticking time bomb for 6 months 

[Scooby who 40]

First rookie mistake you made was showing the car with a fault. Any fault, however small should be rectified before you ever advertise or show to a potential customer.

Another mistake is telling the new customer what parts have been fitted.

He has lost confidence in the car as it looks like it’s has/had numerous issues in a short space of time. 
 

My advice is pop round ASAP to his house. Be polite and co-operative. Do a diagnostic scan and if it’s a small issue, fix it quickly and you might regain his trust. 
 

Otherwise refund, move on and always remember they’re called BM Trouble You for a reason. 

[metcars 394]

Rule number 1: Never put a car up for sale that’s not retail ready?

[slademotors 3]

2 hours ago, metcars said:

Rule number 1: Never put a car up for sale that’s not retail ready?

Newly serviced, New MOT and no faults showing on the diagnostics befor the sale. 

5 hours ago, Scooby who said:

First rookie mistake you made was showing the car with a fault. Any fault, however small should be rectified before you ever advertise or show to a potential customer.

Another mistake is telling the new customer what parts have been fitted.

He has lost confidence in the car as it looks like it’s has/had numerous issues in a short space of time. 
 

My advice is pop round ASAP to his house. Be polite and co-operative. Do a diagnostic scan and if it’s a small issue, fix it quickly and you might regain his trust. 
 

Otherwise refund, move on and always remember they’re called BM Trouble You for a reason. 

I did tell him of the faults and told him to come after I had serviced it and fixed it up he was so keen. But I thanks for the advise 

In my ads I always list any major work I have done like new clutch etc, as customer knows getting car with new parts etc and work has been carried out 

He just wants a refund so will be dropping the car off Sunday 

Edited April 21, 2023 by slademotors

[TRADE SURVIVOR 33]

Every day in this job is a school day, fifty years on and I for one am still learning. Clearly you have an unreasonable customer here, personally I would get the car back and refund him asap. Maybe the car does have fuel contamination however, all you have is his text stating the fault occurred once he had refuelled. Putting the matter to proof is unlikely to be easy would you really want to spend your time in pursuing a claim through the small claims court as some have suggested? Your time is better invested in sorting the car and retailing it once more. Don't stress over the odd one that bites you, I am sure you have many satisfied customers we tend to forget the positives when a drama hits us. Smile and wave.    

[slademotors 3]

On 4/22/2023 at 1:18 AM, TRADE SURVIVOR said:

Every day in this job is a school day, fifty years on and I for one am still learning. Clearly you have an unreasonable customer here, personally I would get the car back and refund him asap. Maybe the car does have fuel contamination however, all you have is his text stating the fault occurred once he had refuelled. Putting the matter to proof is unlikely to be easy would you really want to spend your time in pursuing a claim through the small claims court as some have suggested? Your time is better invested in sorting the car and retailing it once more. Don't stress over the odd one that bites you, I am sure you have many satisfied customers we tend to forget the positives when a drama hits us. Smile and wave.    

So true, i refunded him. Turns out the Valvetronic motor needs replacing as that was the fault codes i got when i run the diagnostics when the car was returned to me. Hopefully can get it fixed and out to retail quickly

[Del Boy 76]

Wow. You have dodged a bullet on that car, particularly buing it from BCA.

Lesson number 2; dont buy 4 cylinder petrol BMW's. You are lucky to not have problems with chain, injectors, valve seals or all of the above!