Current drain - painful experience!

[AndrewAventura]

I'm feeling quite irked right now!

I bought my one-previous-owner BMW 3 series (plug-in hybrid) in January this year from the main dealer in Manchester with a BMW approved used 12 months warranty. I am basically really pleased and satisfied with the car, both driving solo and as a towcar.

However. Since the summer, I've quite regularly had a dash message when entering the car in the morning saying that the electronics didn't shut down correctly and I should start the engine. It's always been fine, no flat battery yet, but it's made me a bit nervous if unused for a few days. So I took it in to my local BMW dealer (in Shropshire) to get it fixed. They tried a couple of things (covered under warranty) but initial hopes were dashed in a few days and over the last month I've been getting the message every day.

So, back to the dealer, to have a more in depth investigation. They did a lot of trim removal and wiring tracing and phoned me after 4 hours of effort to say that they'd found a very well hidden tracking and monitoring device. Not BMW original equipment, and possibly faulty in that it was continuing to draw significant current preventing proper electrical shutdown. Presumably, the car was originally on a business fleet and this was all about driver monitoring. I asked them to remove it, accepting the news that because this was not BMW equipment the work would not be covered by the warranty, and there would be another couple of hours work. Horrendously expensive at main dealer rates, and still very painful after they'd given me some goodwill reduction.

I can conceivably go after the tracker company (who have covered the box in 'property of ...' and 'do not disconnect...' warnings), the first owner of the vehicle (who should have removed the device before selling the car), the selling dealer in Manchester (who would no doubt say that they were unaware of the modification) and maybe another go at the BMW warranty.

I've started, and will let you know how I get on. But also a cautionary tale for other used car buyers since I guess that these fleet management devices, insurance black boxes and so on, are getting more and more common.

 

[Buckman]

You bought the car including the tracker from the dealer therefore dealer is responsible and they cannot charge you. There is no argument and they would be very unwise to challenge you.

 

[AndrewAventura]

Yes, I figured that my claim would in the first place be against the selling dealer. Just a bit tricky to work round that the problem has been resolved by my local BMW dealer, initially expected as a warranty claim. So I've had to pay them, which cuts down my leverage against the Manchester BMW dealer where I bought the car.

 

[borderbilly]

You shouldn't have payed anyone, now you have to chase your cash.

 

[otherclive]

You shouldn't have payed anyone, now you have to chase your cash.

Given AA had the work carried out at a different dealership to where he bought the car what grounds did he have for not paying. My warranty would not be covered by Toyota if some aftermarket immobiliser were fitted and it caused problems. These things don’t sit there with lights flashing and decals on all windows do they? I would hope that as the supply dealer failed to correct it they may do the honourable thing. After all they sold the car.

 

[RogerL]

You shouldn't have payed anyone, now you have to chase your cash.

That's the downside of using a local dealer for warranty work, not the remote dealer where the car was bought. The local dealer has every right to be paid for work done, either by the customer or by the manufacturer.

 

[ProfJohnL]

Provided the faults was the tracking device, then the liability follows contract law, and selling dealer (weather they knew about it or not) is liable for supplying goods which have failed.

Provided the customer has done what was reasonable under the circumstances, the costs associated with the failure (which should be well documented by the BMW dealer who discovered the item and corrected the problem) should be covered by the selling dealer because of its liability under the CRA.

Hopefully the seller should understand their liability in this (Selling goods not to specification by virtue of an covertly added tracker) and the failure of that tracker. and cover the OP's costs, but if they make it difficult, I suggest the OP should consult Which? legal help service who should be able to confirm the liability and draft appropriate letters to put the case into the correct legal wording, and if necessary guide the OP to recovering the costs through the small claims courts.

Whilst the symptoms may have looked like a BMW warranty issue, the evidence suggests it would not be covered by a BMW motors warranty, and as otherclive has pointed out work with a cost was carried out for a non BMW warranty issue and thus the customer is liable to pay the dealer, but that cost should be borne by the seller.

 

[Buckman]

Yes, I figured that my claim would in the first place be against the selling dealer. Just a bit tricky to work round that the problem has been resolved by my local BMW dealer, initially expected as a warranty claim. So I've had to pay them, which cuts down my leverage against the Manchester BMW dealer where I bought the car.

You need to re-claim the money as they sold you a car with a fault. Easy peasy and they have zero argument as they know they will lose in any court of law.

 

[Buckman]

Given AA had the work carried out at a different dealership to where he bought the car what grounds did he have for not paying. My warranty would not be covered by Toyota if some aftermarket immobiliser were fitted and it caused problems. These things don’t sit there with lights flashing and decals on all windows do they? I would hope that as the supply dealer failed to correct it they may do the honourable thing. After all they sold the car.

That does not matter at all as the car was sold with the tracker installed. Therefore the issue was there from day one.

 

[otherclive]

That does not matter at all as the car was sold with the tracker installed. Therefore the issue was there from day one.

What does not matter? Read the latter part of my post. I’m well acquainted with the CRA2015 and CCA section 75 etc. The plain fact in my reply to BorderBilly was that AA had absolutely no grounds not to pay the local dealership that resolved the problem.

 

[Buckman]

What does not matter? Read the latter part of my post. I’m well acquainted with the CRA2015 and CCA section 75 etc. The plain fact in my reply to BorderBilly was that AA had absolutely no grounds not to pay the local dealership that resolved the problem.

I am saying that they should not have paid at all even if it was another BMW dealership. If the car was bought on finance then the supplier is the finance house and not the dealer.