LEGAL advice needed

[Nye]

Five times in just 12 months my 1200GS has broken down. The last time the dealership had it for 4 weeks. I have spoken to the Sales manager at the dealership. His only interest appears to be to sell me a new bike – with a trade in for this one no better than I would get elsewhere. I have spoken to BMW Head Office – they have offered me £250 off the price of a new bike on a trade in. I have written to the dealership manager (recorded delivery) but received no reply. I can’t think what else to do so I think need to know about my legal options. I don’t need the “just reject the bike – that’ll sort ‘em” sort of comments, rather genuine legal advice. This has become (sadly) a matter of principle now, and one I know I will have to pay to resolve. So, are there any solicitors out there, or can you recommend a solicitor that handles such cases. If so, I’d appreciate a note from you.

Many thanks.(Apologies is this is the wrong forum - I couldn't think where else to put it)

 

[Davel]

Suggest you visit your local Citizens Advice Centre ot talk to Trading Standards, as they can normally give pointers.

Failing that, suggest a solicitor.

Did you pay cash or via some type of load, as you should also involve the finance company (if there's one involved).

Good luck mate - not at all surprised at the attitude of BMW....

 

[Roge]

Empty pop bottle, half a lb of jam, a couple pints of unleaded and piece of rag and you have home made napalm.................

 

[happy pilgrim]

solicitor

can't help with recomending solicitor but i would of thought any reasonably sized solicitors practice in your area would do. i have found in the past that you can spend hours writing letters etc to resolve problems with no joy. once you raise the bar slightly with solicitors letter, bmw would have no choice but to act one way or another.

 

[Davel]

What flavour jam?

 

[Shaunie]

Which dealer?

C'mon, name and shame.

 

[grandtrousers]

Soap powder works as well - save the jam for putting on your toast as you morbidly watch the ensuing inferno!

 

[Nye]

...

 

[Roge]

What flavour jam?

Strawberry (the thicker the better) works well and burns with a pleasant waft

 

[JohnC]

I know you only want proper legal advice but... having been in this situation twice myself in the past I'd have to say dont waste your time. By letting the dealership try to remedy the problem, not once but five times, you have severely reduced the chance of ever rejecting the bike as 'not fit for purpose'. Without adequate lemon laws in the UK the dealers/manufacturers hold all the cards. Below is a sample letter from trading standards for rejecting faulty goods, note this part: (Be aware that the trader does not have to replace goods if the cost would be disproportionate to that of repairing the goods: and if to repair or replace would be more expensive than giving money back, less an amount for use of the goods - then the trader can offer this).

Good luck if you do procede with legal action.

Sale of Goods Letter

Sample letter to send to trader re-sale of goods for items purchased after 31st March 2003

Sample letter: (Send this to the trader by recorded delivery service and keep a copy for your own records)

Name and address of trader

Dear Sir/Madam (manager's name if known)

On (insert the date of purchase) I bought the following item : (put product name and full details; e.g. model number, invoice reference number and any other information that will help the trader to identify the sale).

* Of satisfactory quality
* Fit for any particular purpose made known to the seller before purchase; and
* As described.

I request that you either replace or repair the goods by (give a reasonable time for the trader to do this) but if you fail to comply by that date, and this will cause significant inconvenience to me then I hold you responsible for my out of pocket expenses and will request that you either reduce the price of the goods - if acceptable to me - or that you compensate me for the cost of the goods less an amount for usage. (Be aware that the trader does not have to replace goods if the cost would be disproportionate to that of repairing the goods: and if to repair or replace would be more expensive than giving money back, less an amount for use of the goods - then the trader can offer this).

I would appreciate a response by (whatever time you consider reasonable) outlining your proposals to resolve this matter. Otherwise I will have to consider taking further action, if necessary by issuing a small claim through the county court. (Use the court only as a last resort).

 

[riverking]

Hiya Mate,

Phone your local trading standards office. They do this all day every day, they will give free advice that you can rely on. They also hold information packs giving advice and standard letters. The fact that you put it in writing and did not get a response will stand you in good stead. There are 6, and 12 month cut off points but recorded delivery letters 'stop the clock' I got a full refund from Mercedes Benz last year following TS advice.
Good luck.

 

[swebb]

Good luck... Keep us posted!!

Good luck with your battle....

i'm sure we'd all be very interested in how this turns out... please be sure to keep us all updated on events unfolding....

once again... good luck...

 

[Nye]

Many thanks for your comments - both serious & other.
I'll update this thread as and when events unfold.

 

[Boz]

Nye,

Tell me what the all the problems you have had with the bike? May be able to offer some good advice....

Cheers

Nik

 

[Nye]

Nye,

Tell me what the all the problems you have had with the bike? May be able to offer some good advice....

Cheers

Nik

It was a new 1200GS – bought last March. It had problems starting…would fire up, run for a few seconds then cut out and refuse to start. I tried the side stand/centre stand/wheel spinning combinations issues (as listed elsewhere on this site) but to no effect. It was recovered back to the dealer three times. Their response was “we can’t find anything wrong with it, you must have hit the kill switch”. As someone who has been riding for 26 years, and currently commutes 130 miles a day on the bike, you will appreciate that I didn’t find this comment helpful.
Since I got it the idle was very rough and erratic. Each time I took it back their response was “we’ve upgraded the software on your bike – that’ll fix it”. It never did. I wonder if they ever checked the outcome of their work?
During a “spirited” ride, approaching a 30mph zone and a sharp left hander I roll off the throttle….but nothing happens. The bike continues making good progress despite me closing the throttle. This time I DID hit the kill switch and brakes. Recovered back to a different dealer. They identified the fault as the main controller (and something else – I can’t remember now, something to do with butterfly and throttle body?). It took them FOUR weeks to locate the parts and return my bike. However, for the short time I had it working after this it was sweet. The idle was spot on and running was smooth, so perhaps the other faults the first dealership didn’t fix were related to this component? As a goodwill gesture from BMW they offered me £250 towards the next service. The bike never made it that far before being retuned again to the dealership. Two months later and it has developed not one but two oil leaks. One is from the bike right side from the seam between engine and gearbox (possibly – I’m not technical) and has a dark graphite feel to it. The other oil leak is under the bike, again from a seam and is much more engine oil like. Oh, and I don’t have first gear anymore, at least not from cold. Once warmed up it is OK. Took it back to the dealer to get these faults fixed and the response was… “very busy at the moment wont be able to even look at the bike until the third week in July (this was on the 30 June).