[Russ.C]

I don't want to say too much as we are still in dispute but they have been dreadful to date, a brief explanation:

Bought my car approved used no problems and ordered a "part" for it from BMW uk, the part was faulty (a known problem) and so after contacting customer services they said no fix was available at the time. After many many many calls and 8 months later they offered me a sum as a goodwill geasture as there was still no fix, I confirmed this was not in order to shut their case and that when a fix became available it would be implemented, no problem and an email received with the generous sum of money.

The information was simple, go to any dealership for servicing, parts etc and show them the email and they will deal with it, excellent I thought!

Two or so days later I got a call saying "a fix has become available" excellent!! So I booked the car in and the problem was solved and off I went with no invoice as BMW were covering the cost.

Now the problem: I ordered some parts from BMW last Friday (several months after the fix and goodwill) and went to pick up today to find my goodwill money has "already been used"

What?!? I was then shown an invoice for the fix they did months ago that was almost 100% of my goodwill... BMW are saying "who was I expecting to pay for the fix" in my mind "BMW uk" because it was a fix for a faulty product?

I have been on the phone and they won't budge saying the fix used my goodwill gesture...

Surely if you buy say a tv and its faulty and they take 8 months to fix it and give you a goodwill you wouldn't be expected to pay for the fix or pay for the new tv that solves the problem?

Am I being inconsiderate or am I right etc... Ideas please!!

[MEGA]

It's not good will its just a free replacement or repair of a faulty part under warranty

They can't legally charge you for the work they did and are taking the piss

If you've got this all in writing then sort them!

[blues n twos]

The way I have read this is they could not fix the problem so they give you a "for example" £500 credit. Is that right?

Then a fix is available and they take back the credit.

So you have in effect got a free replacement is that right?

Were you expecting to keep the money then? I must admit I have never heard of this approach before but its now fixed and you are not out of pocket.

Interesting one this but at the end of the day apart from being messed about and the cost of phone calls and letters you have had the problem fixed albeit 8 months or so late

Jon

[CustomColours]

I also agree. The cash sum was inpalce of a fix as one was not available at the time. Then it became available so you got that instead of the cash sum. Its a have your cake and eat it situation.

I think as the work has been done then thats the issue solved somewhat so maybe just be humble. But I do know what you mean.

If you had used the good will sum of money/credit before the fix became available I bet your life you would have gotten both. But as you hadnt used the good will money/credit they saw an opertunity and took it.

[Kerr]

This is the internet. Tell the full story of the issues so we can decide.

[MEGA]

The key word is "goodwill gesture".

If they've offered that - it's in addition to resolving the issue. Not instead of. They can't then take that back.

[IanS100]

If you have a credit I wouldn't have thought they could touch that without speaking to you first - they may have demanded it back in lieu of the fix but taking it without consultation, or at least advising you, is surely theft?

A Goodwill payment is compensation but without admitting responsibility or liability, but it's not exactly goodwill if they take it back!

[Russ.C]

Blues n twos: At the time they were still waiting for a fix to become available, they knew one was coming but were having no luck talking to BMW Munich to find out when so gave me £x as an "interim of finding a solution" and "be assured of our continued support" I got a replacement part in order to solve the problem.

I wouldn't expect in everyday life to buy a faulty product and not have it repaired or replaced like for like as per the sales of goods act and have to pay for that fix?

Custom: I am great full they have fixed the problem but why should I foot the bill out of my compensation money?

Mega: I think you understand where I'm coming from I just can't seem to get bmw to accept my point of view, any ideas on how to get them to come round?

Ian: As I was never handed an invoice at the time they completed the work and it went off to warranty to be paid surely they can't take it out of my money and yes I imagine they should have told me they are taking my money?

Thanks for the answers and I understand its a bit of an odd situation!

[blues n twos]

Now that you have it sorted you have nothing to loose in chasing them some more. Maybe get citizens advice to read through the original offer to see if they have broken any rules etc.

Good luck and keep us posted with the result.

Jon

[Kerr]

Originally Posted by blues n twos

Now that you have it sorted you have nothing to loose in chasing them some more. Maybe get citizens advice to read through the original offer to see if they have broken any rules etc.

Good luck and keep us posted with the result.

Jon

You rights are very limited.

My last car was a 2009 Citroen C5 and I bought that when it was 3 months old.

I had countless troubles from just weeks into ownership and they never stopped.

In the 18 months I owned the car it was constantly in and out of the garage. The total time spent in the garage was something like 18 weeks.

I was left 10 weeks without a hardbrake as the parts were not available and this still wasn't deemed fit for purpose.

I had citizens advice helping me out and the end result after 18 months was they offered me forecourt value for the C5 as long as I bought another car from their group.

Citizens advice said this was as good as I could have hoped for.

There was no question of being compensated for all the trips to the garage, time off work and on a few occasions I had to pay to insure the loan car.

[AlanQS]

I think you'll find that BMW have done nothing wrong. It's a problem with your expectations in expecting both the cash and the fix which I agree is an expectation that most of us would actually share - so no criticism intended of you.

However, most of us would also regard the "goodwill gesture" - unless it was very substantial - to be a compensation for the EIGHT months of waiting and having this defect in your car, separate from the cost of fixing it.

Despite customer expectations being slightly less realistic than they should be, it's a bit sharp of BMW to use this logic to permit them to fix it (their obligation) but to delay doing it for eight months and without a penny to say sorry.

I wonder if that's just their policy or was a smart-ass somewhere in BMW UK trying this on to make a name for her/him self?

What would have happened if you had spent the goodwill gesture before the fix was done? Would BMW then have charged you for a warrantable repair?

If the amount of money was substantial enough, perhaps £50 spent on a legal consultation might be worthwhile. It could probably be argued that they have actually charged you for a warranty item.

[zltm089]

I think he should have just spent all the credit and then when the fix is available, get it down under warranty. Hindsight....

[225_AB]

I'm with the original poster. He had a faulty product, it couldn't be fixed at the time but BMW made him a goodwill payment and promised that this would not close matter. They then fixed the problem but used his "goodwill" payment to do so. This was a "goodwill" payment and not compensation so can't be taken back when the fix was instituted. It clearly shouldn't be taken back without the op's permission in any event.

[Russ.C]

Update:

On a small update but still, received a call today from customer services and they admit fault, "the fix should have been implemented free of charge as instructed by BMW Munich" so now to get my money back, although customer services apparently cannot give me anything I have been ensured I will receive a phone call from a manager at my local dealership within two days to carry on the case, he has to "tie up loose ends" before calling me apparently, so in my eyes I'm 80% of the way there and will have to see what the result of the phone call is.