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To sue or not to sue... Updated result

Whether it's exceptional service or a bad experience, post them here. (Disclaimer: posters views are their own and not that of z4-forum.com)

To sue or not to sue

Accept their offer
10
23%
Take BMW UK to court
34
77%
 
Total votes: 44

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Pastry
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To sue or not to sue

Post by Pastry » Tue Jul 26, 2016 1:37 pm

Scooba_Steve wrote:Do you have that from the BMW tech in writing?

While I think accepting the goodwill and suing after would be effective (as there is only £700 to dispute) I believe you'd have to dispute the amount when paying and in doing so BMW may not carry out the work. I suppose you could pay under protest?

You will still have to write to BMW before you submit a claim. An extra letter to the MD is a worthwhile final attempt to genuinely resolve the dispute and can only count in your favour.
I agree, but I expect they'll want "full and final" out of me before finalising their "generous gesture" :thumbsdown:
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sars
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To sue or not to sue

Post by sars » Tue Jul 26, 2016 1:55 pm

Pastry wrote:
sars wrote:Sorry to hear about your troubles, have you been advised that there is corrosion of the Aluminium under the paint? Pure aluminium self passivates in air, an alloy of Aluminium may not but is dependent on grade, which we have no idea of. Even so, I would find it unlikely that it has without prior damage to the paint (stone chip etcetera). Why I say this is that it may not be a corrosion issue rather a paint bonding issue which may help your cause, however you would need to seek professional advise/analysis from a paint specialist.
There is no damage to the external paint and the roof has blistered in 3 places involving both roof panels. I really don't think BMW are interested what caused it, they are just excluding the roof panels full stop :thumbsdown:
Okay, so if I was footing the bill, pay the £700 and then take them to the small claims court afterwards to claim it back, though I would not be claiming against the corrosion warranty but on a manufacturing defect. You will need to get it examined by an independent authority to confirm, but I'm betting during paint preparation the surface was not cleaned adequately and spots of release agent were left on the surface, paint does not adhere properly and when it gets hot it lifts/bubbles
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85genius
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To sue or not to sue

Post by 85genius » Tue Jul 26, 2016 1:57 pm

Pastry wrote:
Scooba_Steve wrote:Do you have that from the BMW tech in writing?

While I think accepting the goodwill and suing after would be effective (as there is only £700 to dispute) I believe you'd have to dispute the amount when paying and in doing so BMW may not carry out the work. I suppose you could pay under protest?

You will still have to write to BMW before you submit a claim. An extra letter to the MD is a worthwhile final attempt to genuinely resolve the dispute and can only count in your favour.
I agree, but I expect they'll want "full and final" out of me before finalising their "generous gesture" :thumbsdown:
Maybe but maybe not, there is every chance that they will seeing this as a "generous" gesture not expect you to take action after the fact especially for the "paltry" sum of £700....

I'd play along with them and write another email to whoever authorised this "fantastic" deal saying you had time to mull it over and feel that to prevent the fault worsening the best course of action is to grudgingly take them up on their offer although you still think it should be fully funded by them.

There is a good chance they will just fire something off to your dealer to authorise it and never mention full and final or any other waiving of your rights....

Of course if they do then it's time to reconsider your actions again but if not just get the £700 paid then sue em for it back..

You could even pay it on your credit card then you have a co claimant in the court case but maybe that is taking it a bit to far
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maxman
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Post by maxman » Tue Jul 26, 2016 2:24 pm

Have you tried the Autoexpress route yet.There is no way the would want the bad publicity .

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Pastry
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Post by Pastry » Tue Jul 26, 2016 2:59 pm

maxman wrote:Have you tried the Autoexpress route yet.There is no way the would want the bad publicity .
Not Yet, BMW UK started emailing me so I put it on standby although I did tell BMW I was going to. Now they have finalised their position I will contact Autoexpress :thumbsup:
991 Carrera 2S
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2008 Z4MR Midnight Blue Metallic
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To sue or not to sue

Post by TitanTim » Wed Jul 27, 2016 10:11 pm

Sorry to hear its come to this :( You might find once you start going through the small claims court process that BMW will back down as its just not worth their bother etc together with bad publicity, however you won't know that until you kick the process off, I would think though if you lost the case you will get stung, costs etc.

I would agree in paying the 700 quid and then try to recoup the cost through small claims. All I would say is I found the small claims court process dissapointing when I took a Toyota dealer to court which took a year, was painfully slow and although I won the case I received no costs from lost days at work attending the court sessions, it was a bit of a farce really. I sold the car about 2 weeks after I won the case.

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To sue or not to sue

Post by ronk » Wed Jul 27, 2016 11:16 pm

I doubt that you will be able to go to law to reclaim the £700
The acceptance of their offer will I am sure include a caveat which will prevent any further actions !
If I was Herr BMW thats what my offer would include!
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So I bought a 35is with all the toys to play with. :thumbsup:

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Pastry
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Post by Pastry » Thu Jul 28, 2016 8:42 am

TitanTim wrote: I would agree in paying the 700 quid and then try to recoup the cost through small claims. All I would say is I found the small claims court process dissapointing when I took a Toyota dealer to court which took a year, was painfully slow and although I won the case I received no costs from lost days at work attending the court sessions, it was a bit of a farce really. I sold the car about 2 weeks after I won the case.
Tim.
Thats pretty much where I am with it now but I expect Ronk is right and Herr BMW will be expecting that and preventing it :(
991 Carrera 2S
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2006 Z4 3.0si sport Ruby Black
2006 Z4 3.0si sport Titanium Silver
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Dav the wheel nut
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Post by Dav the wheel nut » Thu Jul 28, 2016 9:20 am

I would give BBC1 Watchdog a shot, they seem to enjoy having a go at the large motor companies.
Just send them your story, what have you got to lose. link

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Post by 85genius » Thu Jul 28, 2016 9:23 am

Pastry wrote:
TitanTim wrote: I would agree in paying the 700 quid and then try to recoup the cost through small claims. All I would say is I found the small claims court process dissapointing when I took a Toyota dealer to court which took a year, was painfully slow and although I won the case I received no costs from lost days at work attending the court sessions, it was a bit of a farce really. I sold the car about 2 weeks after I won the case.
Tim.
Thats pretty much where I am with it now but I expect Ronk is right and Herr BMW will be expecting that and preventing it :(
Maybe not.... I just spoke to someone else who had a similar battle with BMW ended up with a "generous" (over 2k discount from a 3.5k bill) no mention of full and final or any other waiver alongside the settlement
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To sue or not to sue

Post by Pastry » Thu Jul 28, 2016 9:59 am

Dav the wheel nut wrote:I would give BBC1 Watchdog a shot, they seem to enjoy having a go at the large motor companies.
Just send them your story, what have you got to lose. link
Hadn't thought of that and you're right, I don't have much to lose
991 Carrera 2S
Now gone:
2008 Z4MR Midnight Blue Metallic
2006 Z4 3.0si sport Ruby Black
2006 Z4 3.0si sport Titanium Silver
2010 Z4 23i Msport and a 3.0i

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Post by Pastry » Thu Jul 28, 2016 10:01 am

85genius wrote: Maybe not.... I just spoke to someone else who had a similar battle with BMW ended up with a "generous" (over 2k discount from a 3.5k bill) no mention of full and final or any other waiver alongside the settlement
Thats really interesting and good to know :thumbsup: I have also made enquiries through a friend of a friend to find out more about it and waiting for a response
991 Carrera 2S
Now gone:
2008 Z4MR Midnight Blue Metallic
2006 Z4 3.0si sport Ruby Black
2006 Z4 3.0si sport Titanium Silver
2010 Z4 23i Msport and a 3.0i

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ronk
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To sue or not to sue

Post by ronk » Thu Jul 28, 2016 10:52 am

Remember, you will soon eat up £700 on "experts " fees !
You don't stop playing when you get old - You get old when you stop playing!
So I bought a 35is with all the toys to play with. :thumbsup:

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Post by Rags » Sun Jul 31, 2016 9:51 am

I recognise you are speaking directly with BMW but have you tried going to another dealership?

Sometimes the warranty people are much better at articulating themselves from one dealer to another.

I speak from experience in relation to a Z4M and broken rear springs.

R

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To sue or not to sue

Post by Pastry » Sun Jul 31, 2016 10:01 am

Rags wrote:I recognise you are speaking directly with BMW but have you tried going to another dealership?

Sometimes the warranty people are much better at articulating themselves from one dealer to another.

I speak from experience in relation to a Z4M and broken rear springs.

R
That is my next move as I wouldn't use Lancaster again. Specialist cars is closer to me and although BMW at first said I had to use Lancaster they have conceded, my first minor win. :thumbsup:
991 Carrera 2S
Now gone:
2008 Z4MR Midnight Blue Metallic
2006 Z4 3.0si sport Ruby Black
2006 Z4 3.0si sport Titanium Silver
2010 Z4 23i Msport and a 3.0i

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