Consumer Rights Act 2015

[Daylight 28]

Recently sold a BMW convertible to a gentleman who now has some running issues with it & an airbag light has come on (probably plugs under passenger seat). He has informed me after the initial 30 days period but wants to get a FULL refund, where as I'm happy to repair it under the warranty I sell all my cars with. It doesn't help that he's taken it to BMW who have decided that they need to replace nearly every sensor or valve on the engine to sort a simple idle/running issue to cover themselves so they fix it first time (think CSI scores here) 

My point is, the fault developed within the 30 days but the customer did not inform us until after. Is he still entitled to a refund or repair only? Also, if refund, how much would you deduct for fair use in the month or so he's had it? The car went out with a new MOT and service (with service check sheet to confirm items checked) which shows the fault wasn't present at the time of sale.

The information i'm finding online isn't particularly clear.

Thanks in advance

[SC Derby 259]

First and foremost he HAS to prove the fault was present at the time of sale. If he cannot do this, or you can disprove this, then no money back.

[Daylight 28]

7 minutes ago, SC Derby said:

First and foremost he HAS to prove the fault was present at the time of sale. If he cannot do this, or you can disprove this, then no money back.

Thanks, this directly conflicts with the information I'm reading online but is good news for me. The vehicle is apparently stalling at junctions & erratic idle, this was clearly not the case when sold. Also the airbag light would have been obvious if illuminated at the time so that can't be proved to be present either.

Do you have a good source I can quote for this at all?

[SC Derby 259]

http://www.lawgistics.co.uk/read-news/865

 

By virtue of this Section, if a consumer complains of a fault with the vehicle in the first 30 days, they will be entitled to bring it back to you for a refund. They can ask for a repair but they are not obliged to accept a repair and can simply insist on a refund which you will be legally obliged to give. 
 
The slight saving grace for dealers is that it is down to the consumer to show there is a fault and that it was present at the time of delivery. 
 
We therefore strongly recommend that dealers take the time before 1 October 2015 to review their Pre Delivery processes to ensure they do all they can to put themselves in a position to argue that any fault was not present at the time of delivery. Putting a new independent MOT on a car can never be a bad idea nor can using one of our Pre-Delivery Inspection pads.  

[Daylight 28]

Perfect, i'll word my response based on this information. You're a gent!

[Steve92 80]

It's not a 325i is it ?

[Daylight 28]

On 10/19/2016 at 0:03 AM, Steve92 said:

It's not a 325i is it ?

Yes it is, here's hoping you're going to cure it over the internet for me! 

[Steve92 80]

They eat coil packs and injectors, the last one we took in had just had 4 new injectors fitted by BMW under warranty, the one previous cost us 6 coil packs and a cam sensor.

if it is as simple as a coil pack fit a genuine one, they are more expensive but they are better quality 

[metcars 394]

On 22/10/2016 at 0:58 PM, Steve92 said:

They eat coil packs and injectors, the last one we took in had just had 4 new injectors fitted by BMW under warranty, the one previous cost us 6 coil packs and a cam sensor.

if it is as simple as a coil pack fit a genuine one, they are more expensive but they are better quality 

It's not only BMW, there is a huge difference in quality between genuine factory items and pattern parts. Regardless of what ECP tells us! Lots of workshops I know have stopped using ECP and GSF for parts. I was in my local garage a while back and he was on the phone to ECP "explaining" about the failed oil sensor on an M3, and the subsequent recovery for a customers car from the south coast! Interesting phone call!

[Daylight 28]

It's an E46 325i so it's most likely to be a split breather pipe I think, fairly common to cause this sort of issue. I won't say much more about it here as it's an open forum but the case is still ongoing with Section 75 being the words of the week!