Will I get a replacement bike?

[Nye]

Bought from Mill BMW Sunderland. It’s coming up to 12 months old and its done 12k miles. But there have been issues…

Idling has been rough and erratic since I picked the bike up…
500 mile service “It’s because it’s new – it will settle down” It didn’t.
6k mile service “We’ve updated the software – that will sort it” It didn’t.
12k mile service “We’ve updated the software – that will sort it” It didn’t.

Problems starting - Recovered to Mill twice – on both occasions they kept it for a few days only to return it with “Cant find a fault – you must be hitting the kill switch when you start it” The following morning, after 20 prods of the starter those words ring hollow (yes, I’ve tried the centre stand/side stand thing).

Now there’s another electronics fault. Recovered back to the dealer for the third time. It’s been there for two weeks waiting for a new “Controller” - it’s on back order. So I’ve missed my Easter biking holiday.

The thing is, the bike is not just a weekend toy, it is essential transport for me. The dealership is 65 miles away, so I can’t just pop in to get it fixed. It’s been in six times now to get faults rectified, and it’s still less than a year old. To keep me mobile they’ve given me a Mondeo –because my daily commute is 130 miles they wouldn’t give me a bike!

I’ve tried discussing the issue with Mill BMW (Sunderland). Mill’s response is that because I’ve done 12k miles it must have been fit for purpose so they won’t consider an exchange. They did say they would do a part-ex for a new one for £2k ... and that’s their best (and only) offer.

I’ve spoken to BMW customer services –they say it’s nothing to do with them – my dispute is with Mill.

So chaps, what do you think?
Is this level of disinterest from a dealership typical?
Am I likely to get an exchange bike – if so what is the next step?
Is their offer of £2k for an exchange a good one and should I accept it?

Are there any legal people out there that can advise?

 

[MikeO]

Don't be sidetracked - BMW Customer Service are right - your dispute is with the dealer. Find out who the Managing Director is - get his name - I don't know the set-up of your particular dealer - is it a car/bike one or a solus dealer? Whatever - get the MD's name, not just the bike manager/salesman.

Sit down and work out (being reasonable) what the dealer can do to make the situation right and keep you happy. Then write them a letter - don't phone them or send an email. The tone should be polite and reasonable. Address the letter to the MD.

The first part should detail exactly (with dates etc) the history of the bike. It should include how many times it has been out of use etc. The second part should set out what you see as a reasonable remedy. Finally, ask them to reply to you, but given them a (fair) time limit - I'd suggest 2 weeks after they get the letter would be reasonable. Keep a copy of the letter and proof of delivery (Special Delivery will cost you £4ish).

Then see what they do...

Mike

 

[AndyT]

I'd also talk to the Dutchman he's on his 3rd one now....... I think we'll have to change his name to Panzerman...

Sorry to hear about the issues with your dealerbut keep percerveering and like Mike says keep copies and a diary of everything.

Good Luck

AndyT

 

[Cestria]

Sorry to hear you have missed out on your Easter bike holiday - that must be VERY annoying.
At least the weather is pretty piss poor!

I would go with MikeO's advice and keep at it untill you get satisfaction.

But I have a couple of other ideas / suggestions for you which you may well have thought of already.

Have you tried a 'citizens advice' bureau ?

Dont know what it would cost but I would imagine the advice of a solicitor who specialises in consumer law would be worth having as I would question that you bike actually is 'fit for purpose' and a letter from a solicitor stating that may well get things moving.

Good Luck

 

[birdseye]

As I understand it, you have to "reject" the bike as not-fit-for-purpose or not-of-merchantable-quality fairly quickly after this becomes apparent if you want your money back. 12 months isnt fairly quickly - you have clearly accepted the bike. You are not legally entitled to a new bike, though you may yet get one for goodwill reasons. Up to the dealer and BMW.

But you can still get compensation for the problems you have had, and you are still entitled to have the bike running correctly under the guarantee. But they are clearly trying to cure the problem and failing to do so. Not always easy if the prob is intermittent.

Your contract may be with the dealer but I wouldnt let BMW off the hook if their dealer isnt competent to cure the problem. Formally write to them detailing your difficulties, as well as to the dealer.

If you get to the stage of being offered a new bike, you can expect to have to contribute something for the use you have had of the existing one.

 

[Nye]

Huraah!

It only took them just over FOUR weeks to fix it, but the bike’s finally back!

I was told the fault was a “failure of the BMSK controller” and then when they went to balance the bike they found the “throttle body butterfly” was faulty and they had to order a new one. It means nothing to me, but I thought you technical people might know. I was also told that the idling problems – for the last 12k miles and 3 services – were also probably caused by this fault. Again, I don’t understand the technicals… but it is running sweet now.