Legal advice sought for rejection of new vehicle

Discussion in 'Off Topic' started by pch1, May 14, 2014.

  1. pch1

    pch1 In the gang with Ewan and Charley VIP Member

    Can anyone recommend a firm or person that can help me take things further?

    I bought a new BMW but the car has a fault with the audio system and compatibility with my iPhone 5. Music played from the iPhone 5 through the BMW audio system (using a BMW supplied Y-cable) distorts throughout the volume range.

    I returned the car within a week of collecting it, in order for the fault to be rectified, and it has been with Halliwell Jones Warrington since early April. I am paying for a vehicle I am not using and do not have a courtesy vehicle.

    There have been many letters between the dealership and myself (I have kept all copies), but they are unwilling to budge and claim the fault is due to my iPhone 5 software being updated after the car build software (initially they claimed the iPhone 5 software was incompatible or faulty but I had Apple diagnose my iPhone and provide me with a letter to confirm my iPhone was in perfect working order).

    In their latest correspondence Halliwell Jones state they will begin charging me storage of the vehicle at £15 per day plus VAT. Besides the insults I've had to previously endure from a particular person of staff at Halliwell Jones Warrington, I feel the charge for storage is an underhand tactic and am being pressurised into accepting a car with fault.

    This is causing me a substantial amount of stress, with sleepless nights, ill temper and worry concerning paying for something I haven't got.

    Who in the legal profession can I approach in order to get this issue resolved? Can you recommend a firm or a person?
     
  2. Clarkey

    Clarkey Well-Known Member

    Have you tried consumer direct as a starting point? You may also have legal advice included on your home insurance

    Live Forever or Die Trying
     
    4 people like this.
  3. lavinia

    lavinia Navigator Extraordinaire

  4. pch1

    pch1 In the gang with Ewan and Charley VIP Member

    Thanks Lavinia, I was hoping you'd post. I wasn't sure if the fault was big enough to reject a car, but Halliwell Jones Warrington have really annoyed me.
    I'm currently up in Cumbria with work, but on my return I'll contact trading standards.
     
  5. pch1

    pch1 In the gang with Ewan and Charley VIP Member

    I'm prepared to try any option as I've spent a large portion of my time researching what to include in my letters.

    I was going to find a solicitor as I can see I'm getting nowhere on my own.
     
  6. lavinia

    lavinia Navigator Extraordinaire

    Paul I more than happy to have a chat and help out where I can you have my number :)
     
    2 people like this.
  7. bloke

    bloke smoke crack, it makes you look cool VIP Member

    is it on finance?
     
  8. stewslash

    stewslash New Member

    sorry I have no constructive advise but I do know halliwell jones are wankers , I would never leave a car with them , robbing bastards!
     
  9. pch1

    pch1 In the gang with Ewan and Charley VIP Member

    Yes, BMW finance.
    However, I gave the dealer a chance to resolve the problem and was hoping that they would be able to pull their fingers out of their backsides and attend to the fault instead of fobbing me off.

    The final thing for me to do is contact the finance company and inform them I am rejecting the vehicle, but as it is not a major fault I had hoped that my ordeal wouldn't have gone as far as it already has and that the dealer would have sorted it...but I am tired of the fight and am looking for legal advice for support.

    Halliwell Jones Warrington customer service = 0
     
  10. Lilday

    Lilday Little Day VIP Member

    Sounds like a weird one.

    Have other people online had the same issues?
     
  11. adam123

    adam123 New Member

    Not good that mate! It seems a shame to lose the car over such a small issue but I'm pretty confident you'll find that problem in any BMW. I very much doubt it's down to your car. It's something that they can't just simply fix. Best case is a few hundred people complain about it and then BMW themselves may have a look at the issue. Personally I'd take the car back and go and visit another dealer for a chat. Dealers are paid by BMW for warranty work so any will accept your custom
     
  12. bloke

    bloke smoke crack, it makes you look cool VIP Member

    that would be my first port of call, that or have you tried bmw uk? not sure though if you have grounds to reject though? that's something you'd need to look into.
     
  13. Jim27

    Jim27 Administrator Staff Member

    If you reject a car
    However, if you do decide to reject the car, you must do this within six months of taking delivery. You should hand over your keys to the dealer you bought the car from, and give your reasons for rejecting the car in writing, being as specific as possible, and remember to keep a copy of the letter for yourself.

    The dealer could refuse to accept the rejection, however, and if this happens, go straight to the manufacturer. They may be able to help negotiate a compromised settlement on your behalf.

    Rejecting a car purchased on finance
    If you’ve bought your car on finance, this can be a little trickier. This comes down to the fact that you don’t legally own the car until you’ve paid the final instalment of your agreement, which in truth could be three or four years away.

    Instead, the car belongs to the finance company. If you didn’t organise the arrangement though the manufacturer (e.g. Ford), you may need to ask the finance company to speak to the supplying dealer. If this doesn’t work, you can talk to Trading Standards, the RAC or the AA.

    So remember, rejecting your new car should be your final option. Always give your dealer a chance to rectify any faults, before giving the car back or reporting the case to Trading Standards.
    - from http://www.carbuyer.co.uk/tips-and-advice/your-new-car-rights

    Basically the best thing you can do is call the Citizens Advice Bureau on 08444 111 444 and discuss it direct with them. I used their service when I got the BMW and they gave spot on advice so do what they say and you should come out just fine :)
     
  14. a_monkey_hint

    a_monkey_hint New Member

    Might sound like a daft question. Has anyone tried a different iPhone?

    Sent from my GT-I9505 using Tapatalk
     
    2 people like this.
  15. Baldrick

    Baldrick Has a cunning plan VIP Member

    I'd write to BMW UK, even if they can't/won't help I'd stress to them how badly Halliwell Jones have treated you with their attitude and insults, tell them it's not the standard of service you expect from a BMW franchise and that you're going to write to trading standards about them.
    Might not do any good whatsoever but if they've have had other poor feedback about Halliwell Jones it might drop them in it with BMW.
     
  16. LFCKEV

    LFCKEV Well-Known Member

    Hello mate,

    This is my job i get this everyday in work @ Audi!

    Firstly ask what software version on the iphone 5 has been tested with BMW's systems?

    If it is below your one then reset the device to that software version & re-try if that doesnt work you can try another device, thats identical if thats the same result you know your issue lies with the vehicle!

    Have you spoken to the aftersales manager directly if so what has been said?

    I have this all the time as i say, i know samsung phones can play havoc with some of our systems, however i'm always willing to help situations as best as i can!
     
  17. LFCKEV

    LFCKEV Well-Known Member

    Writing to BMW UK will do nothing they have 3 million people a day trying to complain about anything, it will go in a que and wait to be actioned, deal with the dealership direct its easier
     
  18. LFCKEV

    LFCKEV Well-Known Member

    The point the dealership are trying to get at is that phones software develops faster than BMW can keep up.

    I know when the iphone 5 came out the bluetooth in my A4 was playing hell with it, used my old iphone 4 problem solved.

    I cant speak for the lack of customer service but know these issue's can be difficult for staff there thats why i suggested the aftersales manager or dealership principal.
     
  19. Dave

    Dave Moderator Staff Member

    theres a similar issue with the BMW bikes stereos.....on these the Iphone 5 software needs to be at iso7.0 , if you have uploaded the new iso 7.1 it causes an issue, in some cases wont play at all ... the stereos were made and fitted when the iphone 4 was in circulation and worked fine , they upgraded the stereo on the bike now for the Iphone 5 to work im talking here of the GT1600 BMW .

    I can see you getting all this sorted for July ...thats just in time for the Iphone 6 ...FFS!!!!

    when connected to the Official Y lead is it charging? if so the phone is fine ,,,,,revert back to ISO 7 and see if it works ,,if not its a prob with the Y lead or car ...sounds like shit service at Halliwell jones
     
    2 people like this.
  20. Cabernet

    Cabernet Smug to be riding the Moto Guzzi VIP Member

    90% of homes in the world have nothing but dirt as a floor. What they wouldn't give for our problems.
     
    3 people like this.

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