Be warned of Bullying BMW

[Dirtmonkey]

I took delivery of my brand new R1200GS LC on 28th February 2014. During the next few weeks it was obvious that there was a problem with the gearchange and over the following months a series of more serious and disappointing issues:

29/03/14 718miles
The first service was carried out and I complained about the gearchange at that time. I was told that it would improve with use and to "put some miles on it", however, I must admit I wasn't convinced. I consequently used the bike to tour France, Portugal and Spain.

18/06/14 4697miles
Dealer had the bike for 3 days to sort out....
Poor gear selection when hot
Rough idle/stalling
Rattly clutch
Poor quality pillion seat
Sticking rear electronic suspension
Replace misaligned rear subframe assy
Replace side stand switch
Replace valve flap assy in exhaust.


09/07/14 4965miles
Dealer collected my bike as I didn't need a loan bike and you had the bike for several days to attend to....
Poor gear selection
Poor neutral selection
Lurching forward when selecting first gear
Clutch drag
Rough/noisy idle
Clutch rattle/engine noise
By this time I had started to worry about the potential long-term damage being caused by these issues and had stopped using the bike, but I was told all was now well and to carry on using it.

09/08/14 5592miles
Dealer fitted Gear Shift Assist Pro fitted at my own expense to try to make the gearchange more tolerable.
Gearchange still horrid and engine noise getting worse.

I am fortunate enough to own other bikes and used these when the weather turned, so the GS was not used over winter. I taxed it in March and started using it again, however, having used the other bikes and then getting back on the GS it highlighted just how bad the gears and engine noise on the GS had become.

08/04/15 Almost 7000miles
Booked in for 6k/1 year service, and attend to....
Poor gear selection
Poor neutral selection
Lurching forward when selecting first gear
Clutch drag
Rough/noisy idle
Very noisy engine rattle
Poor Gear Shift Assist Pro operation
Sticky key lock operation of sat nav holder
Cruise control not working
Possible engine corrosion under paint.

It took BMW several weeks to decide that the bike had real issues with piston slap and poor gear selection but eventually accepted that it needed a new engine and gearbox, this I found to be unacceptable, as by now I'm starting to try to work out what percentage of the bike that I had originally taken delivery of would be left? I rejected the bike as unfit for purpose.

THE DEALER HAS NOW HAD MY BIKE FOR 4 MONTHS!!!!

I have tried negotiating with the dealer for a replacement bike but its not working out due to spec and availability, so I ask for my money back only to be told that I can't reject the bike as the mileage is too high and the bike is too old, "I should have given it back to them to rectify the faults before I stopped using it over winter"! even though I have complained about the bike from day one, and, been told to put more miles on it.

So BMW have told me what my options are.

1.... To hand the keys over for a bike I've had less than a years use of and lose 5K,
2.... Take any spec TE available
3.... Get the engine and box fitted to what's left of my original bike and use that.

Any wise owls or legal eagles out there to lend a friendly hand? any sensible advice would be gratefully received

 

[JJH]

I've read your post and I don't see the dealer named. I can't give you any advice about your suitstion but it seems to me that you have been very reasonable and patient trying to get this sorted out. The lesson to everyone here is to be more forcefull in dealing with BMW and not except drivel like "it will loosen/quieten/free up with age. When you say you have been offerd a replacement bike is that for keeps or a loaner? Jjh

 

[Fanum]

You are about to receive a deluge of posts saying anything from "I'd ram the bike through their windows, that'll learn them!" to "Suck it up, you should have bought an 1150" and everything inbetween.....people love to spout off, and the louder the spouting, the more shit it contains.

So I'm getting in early......DO NOT listen to anything that you might read here.....(including this, probably)....contact your local trading standards officer, and/or the CAB....they will know THE FACTS and will be able to back it up as well.



Record everything you do from here on in (you do seem to have a grip on that already though)....if you send ANYTHING to ANYONE, do it by recorded delivery, stay polite, courteous but firm and good luck with it







PS you really should have bought an 1150

 

[Wapping]

29/03/14 718miles
The first service was carried out and I complained about the gearchange at that time. I was told that it would improve with use and to "put some miles on it", however, I must admit I wasn't convinced. I consequently used the bike to tour France, Portugal and Spain.

Is this the same bike as this one, the ride being in May 2014:

Mine can't be too bad either, Rode to Jerez and back for the MotoGP last May with some mates,

Rode down through France, over western Pyrenees, los Picos, popped into Portugal for a bit, had a great time and didn't break down once (there were 2 of us on LC's) just under 4k in 16 days, cant wait to do it again next year

And its STILL going strong

 

[Dirtmonkey]

I deliberately have not named the dealer as they have been on my side for most of the time and I don't feel that it's in anyone's interest to start doing so. my issue is with BMW.
I have been offered a replacement bike for me to keep, but only what they can get hold of!

 

[Dirtmonkey]

Is this the same bike as this one, the ride being in May 2014:

That's the one, seems I spoke too soon eh, both LC's have gone back to the dealer.

 

[Dirtmonkey]

PS you really should have bought an 1150

Cheers for the advice Fanum, I knew it would probably bring out the 1150 lot though

 

[Wapping]

That's the one, seems I spoke too soon eh, both LC's have gone back to the dealer.

There were two LC's returned?

This one, great on holiday etc etc.... And another.... Tell us more......

 

[Dirtmonkey]

There were two LC's returned?

This one, great on holiday etc etc.... And another.... Tell us more......

The other LC was chopped in against another bike because of driveshaft and clutch problems

 

[Skid06]

rejected mine 15mths and 14k mls old for a new 2015 model

 

[Andy_E]

I deliberately have not named the dealer as they have been on my side for most of the time and I don't feel that it's in anyone's interest to start doing so. my issue is with BMW.
I have been offered a replacement bike for me to keep, but only what they can get hold of!

Your issue might be with BMW but your contract is with the supplier (the dealer or the finance company if it's on HP/PCP/whatever). You seem to have rejected BMW's offer of warranty replacement of the affected parts, you can't negotiate a satisfactory settlement so all that leaves is the threat of legal action. That may or may not get you what you want. If you did try to reject via the court then that's a bit of a lottery and as it probably isn't a small claim then it would be expensive if you lost and less expensive if you won.

Nobody can properly advise you on the legal merits of your claim without seeing all the documents, correspondence, etc.

 

[Dirtmonkey]

Your issue might be with BMW but your contract is with the supplier (the dealer or the finance company if it's on HP/PCP/whatever). You seem to have rejected BMW's offer of warranty replacement of the affected parts, you can't negotiate a satisfactory settlement so all that leaves is the threat of legal action. That may or may not get you what you want. If you did try to reject via the court then that's a bit of a lottery and as it probably isn't a small claim then it would be expensive if you lost and less expensive if you won.

Nobody can properly advise you on the legal merits of your claim without seeing all the documents, correspondence, etc.

Exactly, I guess I'm just trying to get a feel for what others have been through, what options they chose and what worked out well for them. it's clear just by going through the threads on the forum that my situation is far from unique

 

[Daxaar]

You've done 7000+ miles in less than 18 months that included a winter layup and the dealer having the bike for 4 months? Whilst I won't argue that the bike may not be to the standard you're expecting, I do think you're being optimistic and that's putting it politely in asking for your money back. Having said that I can appreciate this must be frustrating for you so good luck getting a satisfactory outcome.

Speak to the Citizens Advice Bureau or better still check to see if your home insurance comes with any extended legal cover. Finally, rest assured you definitely shouldn't have brought an 1150.

 

[Andy_E]

So what do you want out of the situation? If it's on finance have you contacted the finance company to get their view on a rejection? If you can't get an agreed replacement and force the issue by taking legal action then realistically you're going to lose something for the year you had the bike, so how much are you prepared to lose?

 

[Dirtmonkey]

I was prepared to take a considerable loss financially due to the use that I have had and the mileage that I have covered, but not a total loss. it would be unrealistic to expect a full refund. I was hoping to have a sensible discussion to find some middle ground that would find both parties happy going their separate ways, unfortunately BMW want to dictate and are not prepared to discuss

 

[GADGET]

I'm sure others would not agree, if it were my decision, I'd take the option 2 you have been offered, a replacement TE and then if you are not satisfied with that bike either ask for another, or sell it and move on.... life too short.

 

[Andy_E]

By BMW do you mean BMW UK or the dealer? Your option 3 seems to suggest BMW UK have offered to honour the warranty and replace various components and I don't understand where option 1 comes from?

 

[Dirtmonkey]

I got the bike on a PCP plan so option 1 is to walk away and kiss goodbye to everything that you have paid to date!
However I have had a savings plan in place to pay the bike off at the end of the agreement which would mean that the bike would be mine, not one bike after another leased perpetually, ad infinitum as BMW would probably have preferred.

 

[Fanum]

 

[Rockred]

To me, I would take option 2. Ask the dealer to take all the extras you had put on the old bike onto the new, at there expense , and move on. You would then have a 2016 spec bike to keep or sell.