Help on a E46

Dr Dave · 08-26-2009, 03:18 PM

Quote:

Originally Posted by dxb335d

Get it fitted elsewhere at a lower cost.

Wouldn't work I'm afraid.

I think the 100% parts goodwill was as it should be - the £1500 to fit it seems rather expensive though!

I don't think you can grumble too much......although I do feel your pain.

NFS · 08-27-2009, 03:46 AM

Kal - I don't think this is a bad result. £1500 is a lot of money, but a lot better than your starting position.

The Sale of Goods Act requires that goods be of Merchantable Quality and Fit for Purpose.

In terms of a car 'Fit for Purpose' would suggest that the vehicle will be capable of lasting for a reasonable period of time with only 'normal' maintenance.

I think that you could argue that a modern engine should manage 10 years / 100k miles without a significant failure especially one related to a known manufacturing defect.

So, BMW definitely have a legal obligation to do something to remedy this. A reconditioned engine is probably appropriate as 'new for old' would put you in a better situation than you started with. I think the small claims court might also conclude that a fitting charge is also reasonable given the age and mileage of the vehicle.

If you are not happy with the outcome then there is nothing to stop you taking small claims action AFTER the vehicle is repaired in an attempt to recover the fitting cost.

Kal · 08-27-2009, 04:28 AM

Agreed, situation could be worse but the manner of emails sent from BMW are unacceptable in my opinion.

We have paid for it as she was without a car for over 4 weeks.

Wanted to post this on here as im sure others will experience the same problem and hopefully not pay out for a new engine.

NFS · 08-27-2009, 07:37 AM

Quote:

Originally Posted by Kal

Agreed, situation could be worse but the manner of emails sent from BMW are unacceptable in my opinion.

I totally agree and there is no reason why you should not continue to pursue this and try to recover costs and damages.

08-27-2009, 03:46 AM	#24
NFS Major General 296 Rep 9,218 Posts Drives: G80 M3 Join Date: Jul 2006 Location: UK iTrader: (0)	Kal - I don't think this is a bad result. £1500 is a lot of money, but a lot better than your starting position. The Sale of Goods Act requires that goods be of Merchantable Quality and Fit for Purpose. In terms of a car 'Fit for Purpose' would suggest that the vehicle will be capable of lasting for a reasonable period of time with only 'normal' maintenance. I think that you could argue that a modern engine should manage 10 years / 100k miles without a significant failure especially one related to a known manufacturing defect. So, BMW definitely have a legal obligation to do something to remedy this. A reconditioned engine is probably appropriate as 'new for old' would put you in a better situation than you started with. I think the small claims court might also conclude that a fitting charge is also reasonable given the age and mileage of the vehicle. If you are not happy with the outcome then there is nothing to stop you taking small claims action AFTER the vehicle is repaired in an attempt to recover the fitting cost.
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08-27-2009, 04:28 AM	#25
Kal Second Lieutenant 14 Rep 200 Posts Drives: E92 335i M Sport Join Date: Jun 2008 Location: South Manchester iTrader: (0) Garage List 2007 335i Msport Coupe [0.00]	Agreed, situation could be worse but the manner of emails sent from BMW are unacceptable in my opinion. We have paid for it as she was without a car for over 4 weeks. Wanted to post this on here as im sure others will experience the same problem and hopefully not pay out for a new engine.
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