The OP hasn't bought the vehicle, he's hiring it on a PCP with an option to purchase that he can exercise or not. The Sale of Goods Act 1979 doesn't apply here, its the Supply of Goods (Implied Terms) Act 1973 that's relevant and complaints need to be made to the finance company the vehicle is being hired from, not the dealer. The rights and remedies under this Act are slightly different to those under the Sale of Goods Act so comments on what TS and CAB might have advised you won't necessarily apply here.
Be warned of Bullying BMW
- Thread starter Dirtmonkey
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The OP hasn't bought the vehicle, he's hiring it on a PCP with an option to purchase that he can exercise or not. The Sale of Goods Act 1979 doesn't apply here, its the Supply of Goods (Implied Terms) Act 1973 that's relevant and complaints need to be made to the finance company the vehicle is being hired from, not the dealer. The rights and remedies under this Act are slightly different to those under the Sale of Goods Act so comments on what TS and CAB might have advised you won't necessarily apply here.
And isn't the PCP agreement with BMW Finance?
Oops sorry didn't see that
The chances of rejection are very slim and it appears to me that the OP wants out of the agreement without penalty?
OPTION 2 seemed like the best option to me
Dirtmonkey
Registered user
There is no hidden agenda, I am a grown man, and I'm not trying to get out of the pcp agreement.
What I object to is the fact that I have been penalized for being patient.
What I object to is the fact that I have been penalized for being patient.
So what's up with OPTION 2?
Post 1 - I took delivery of my brand new R1200GS LC on 28th February 2014.
My initial thoughts, it must have been hell of a price to take one day before new Registration Plate is effective which immediately means a lower future value.
29/03/14 718miles
18/06/14 4697miles - Dealer had the bike for 3 days to sort out 5 items and replace 3
09/07/14 4965miles – Dealer had the bike to attend to 6 issues
09/08/14 5592miles - Gear Shift Assist Pro fitted at my own expense & the GS was not used over winter.
08/04/15 Almost 7000miles – attend to 10 items and - It took BMW several weeks to decide that the bike had real issues (BMW Dealer, or BMW UK, and BMW Finance Involvement)
- THE DEALER HAS NOW HAD MY BIKE FOR 4 MONTHS!!!!
Assume you maintained your BMW Finance payments on the bike? In this period
So BMW have told me what my options are. BMW Dealer, BMW UK, BMW Finance?
1.... To hand the keys over for a bike I've had less than a years use of and lose 5K, What’s the £5k previous payments? From 1 bike or 2?
2.... Take any spec TE available
This seems ‘like for like” and if a new bike going onto Feb your 2014 PCP with original GFV then it will definitely be worth more at Contract End
3.... Get the engine and box fitted to what's left of my original bike and use that.
Original Bike?? Who owns that now?
Post 5 - I have been offered a replacement bike for me to keep, but only what they can get hold of!
- New Bike?, What about the existing PCP Agreement liabilities? Or is it new bike with change of Registration & Chassis on PCP Agreement
Post 9 - The other LC was chopped in against another bike because of driveshaft and clutch problems
Clarify “Chopped In” Straight Swop/At cost to you/ PCP Agreement again? Did they give you a new/different bike and change the Registration & Chassis of your existing PCP agreement? Is Post 1 about the bike given you from Post 9?
Post 15 - 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.
You garaged it for winter and made payments without riding it after having complained 3 months on the bounce from 4697 to 5592 miles??
Post 18 - 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!
What about the remaining monthly payments and GFV that are due?
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
Have you asked for a current Finance Settlement? Have you asked the Dealer for a Part Exchange Value (To compare PX Value to Settlement)
Post 46 - There is no hidden agenda, I am a grown man, and I'm not trying to get out of the pcp agreement.
What I object to is the fact that I have been penalized for being patient.
Penalised Financially?
Most replies seem to advise taking Option 2, if you can get that and it's a straight replacement bike and only the outstanding payments on your original Feb 2014 PCP agreement to be continued then you are surely on a financial winner. Not withstanding the grief factor you’ve suffered of course!!
My initial thoughts, it must have been hell of a price to take one day before new Registration Plate is effective which immediately means a lower future value.
29/03/14 718miles
18/06/14 4697miles - Dealer had the bike for 3 days to sort out 5 items and replace 3
09/07/14 4965miles – Dealer had the bike to attend to 6 issues
09/08/14 5592miles - Gear Shift Assist Pro fitted at my own expense & the GS was not used over winter.
08/04/15 Almost 7000miles – attend to 10 items and - It took BMW several weeks to decide that the bike had real issues (BMW Dealer, or BMW UK, and BMW Finance Involvement)
- THE DEALER HAS NOW HAD MY BIKE FOR 4 MONTHS!!!!
Assume you maintained your BMW Finance payments on the bike? In this period
So BMW have told me what my options are. BMW Dealer, BMW UK, BMW Finance?
1.... To hand the keys over for a bike I've had less than a years use of and lose 5K, What’s the £5k previous payments? From 1 bike or 2?
2.... Take any spec TE available
This seems ‘like for like” and if a new bike going onto Feb your 2014 PCP with original GFV then it will definitely be worth more at Contract End
3.... Get the engine and box fitted to what's left of my original bike and use that.
Original Bike?? Who owns that now?
Post 5 - I have been offered a replacement bike for me to keep, but only what they can get hold of!
- New Bike?, What about the existing PCP Agreement liabilities? Or is it new bike with change of Registration & Chassis on PCP Agreement
Post 9 - The other LC was chopped in against another bike because of driveshaft and clutch problems
Clarify “Chopped In” Straight Swop/At cost to you/ PCP Agreement again? Did they give you a new/different bike and change the Registration & Chassis of your existing PCP agreement? Is Post 1 about the bike given you from Post 9?
Post 15 - 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.
You garaged it for winter and made payments without riding it after having complained 3 months on the bounce from 4697 to 5592 miles??
Post 18 - 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!
What about the remaining monthly payments and GFV that are due?
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
Have you asked for a current Finance Settlement? Have you asked the Dealer for a Part Exchange Value (To compare PX Value to Settlement)
Post 46 - There is no hidden agenda, I am a grown man, and I'm not trying to get out of the pcp agreement.
What I object to is the fact that I have been penalized for being patient.
Penalised Financially?
Most replies seem to advise taking Option 2, if you can get that and it's a straight replacement bike and only the outstanding payments on your original Feb 2014 PCP agreement to be continued then you are surely on a financial winner. Not withstanding the grief factor you’ve suffered of course!!
Dirtmonkey
Registered user
I now have no desire to have a BMW, but my hand is being forced as I can't afford to just walk away.
I have played by their rules absolutely to the letter and now they are finding excuses not to even partially reimburse me for all the sh*t that I have put up with and to allow me to walk away, take a new bike or f*ck off seems to be their attitude and I think that stinks.
So if it is the case that it's a straight replacement bike and only the outstanding payments on your original Feb 2014 PCP agreement to be continued then take the new bike, when the paperwork is done ask for a settlement, pay the settlement/sell the bike you could well turn a profit and you have met your desire not to have a BMW!
Dirtmonkey
Registered user
I think that is my only realistic option.
That seems to be contradictory to this earlier statement you made
Or am I missing something
If I were in your position and BMW were offering me a new bike in replacement for the old one and there was no penalty re the PCP payments then I would be taking that deal, settling the outstanding finance, then selling the 'new' bike for nearly new money
Dirtmonkey
Registered user
That seems to be contradictory to this earlier statement you made
Or am I missing something
I knew you would pounce on that.
It's not a question of me wriggling out of a pcp agreement, it's more to do with the way that they have dealt with the whole situation, they tried to palm me off with a sub standard bike for so long that they now feel that it's OK to dictate my options to me, they are telling me that I cannot reject the bike due to mileage and age when all I've done is what they told me to do.
Kill them with fire!
I think I understand what you are saying but unfortunately it doesn't come over like that to me especially when you view the thread title
In fairness to BMW they didn't tell you not to ride it though did they and had you continued to clock up the miles this 'issue' may have been resolved to your satisfaction sooner?
If I were you I would forget using the word rejection and concentrate on negotiating the best deal for you
OPTION 2 still looks favourite to me and many commentators here
Dirtmonkey.
I feel for you, I really do. I was in a very similar situation to yourself with similar problems with my 2013 wc te.
The main difference being that I'd paid for my bike.
BMW's offer was
1..New engine and gearbox
2..Swap for a new 2015 model, with me to pay £4,700 toward the new bike..err I don't think so.
As like yourself I had become totally disillusioned with BMW and after over 20yrs of ownership I decided to move on.
In the end it cost me a lot less than BMW wanted to swap for a new model, to part ex my 2013 bike for a new Moto Guzzi Stelvio NTX ( I was totally honest with the dealer about the problems I'd had )
I've now had the Stelvio for a year and to be honest I'm glad I had the problems with the GS otherwise I'd have never bought the Stelvio which over the last 12mths I've grown to love.
In the new year I'll be purchasing KTM 1050 to run alongside the Guzzi.
The GS is a very good bike when everything is OK, but I do feel that the GS has become a bit underwhelming, bit like Honda, great bike but they don't excite like a bike should.
I feel the best advice so far has come from Jonno 58... get rid and get something that sets your soul alight.
Good luck..and don't forget lifes to short to be letting BMW steal your riding time.
Steve
I feel for you, I really do. I was in a very similar situation to yourself with similar problems with my 2013 wc te.
The main difference being that I'd paid for my bike.
BMW's offer was
1..New engine and gearbox
2..Swap for a new 2015 model, with me to pay £4,700 toward the new bike..err I don't think so.
As like yourself I had become totally disillusioned with BMW and after over 20yrs of ownership I decided to move on.
In the end it cost me a lot less than BMW wanted to swap for a new model, to part ex my 2013 bike for a new Moto Guzzi Stelvio NTX ( I was totally honest with the dealer about the problems I'd had )
I've now had the Stelvio for a year and to be honest I'm glad I had the problems with the GS otherwise I'd have never bought the Stelvio which over the last 12mths I've grown to love.
In the new year I'll be purchasing KTM 1050 to run alongside the Guzzi.
The GS is a very good bike when everything is OK, but I do feel that the GS has become a bit underwhelming, bit like Honda, great bike but they don't excite like a bike should.
I feel the best advice so far has come from Jonno 58... get rid and get something that sets your soul alight.
Good luck..and don't forget lifes to short to be letting BMW steal your riding time.
Steve
Dirtmonkey
Registered user
I am very grateful to everyone that has taken the time to have a look at my post and to those that have contributed, particularly Neil W and Andy E, for raising some interesting points.
What I was looking for was a consensus of opinion re the situation I find myself in and hopefully getting the benefit of the experiences of others that have found themselves in similar circumstances, it looks like my only real option is no 2, thanks for confirming what I was thinking.
My advice to anyone with problems with their bike is to not be as patient as I have been, make a real nuisance of yourself at the dealers until its sorted.
I think I have my answer.
Thanks again.
What I was looking for was a consensus of opinion re the situation I find myself in and hopefully getting the benefit of the experiences of others that have found themselves in similar circumstances, it looks like my only real option is no 2, thanks for confirming what I was thinking.
My advice to anyone with problems with their bike is to not be as patient as I have been, make a real nuisance of yourself at the dealers until its sorted.
I think I have my answer.
Thanks again.
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