Car dealer woes

Sending this out to social media for some advice #BMWX1 #cardealerwoes

We purchased a vehicle 9 months ago, the BMW at that point was just over a year old so retained a large proportion of manufacturers warranty. Unfortunately, we have had 2 catastrophic failures, both times the same ‘drive chain error’ have been reported. The last failure was whilst driving on dual carriageway (A30), in the evening with limited visibility and also rain adding to poor weather conditions. This was a very dangerous situation as the car lost power at a dramatic rate and there was no hard shoulder.

This happened before Christmas, and BMW have been trying to fix ever since. It seems that the error was not logged and all historical data has also been wiped. This seems strange to us as modern cars rely heavily on electrical systems and sensors. During the latest telephone call from BMW, we were advised that the software had been upgraded but they could not confirm if the issue had been fixed.

The BMW agent cannot provide any assurance that the vehicle is now safe or fixed.

I have been in touch with the dealer that we purchased the car from, and there is a distinct lack of ownership although they do confirm that we have taken the most appropriate path to fix as BMW are best placed to do this.

So my position which I believe to be reasonable is to suggest the following solutions;

  • An alternative vehicle be agreed upon and commercials agreed (although this is not a simple trade-in/sales transaction)
  • A full refund be requested as the vehicle is ‘not fit for purpose’
  • Return the original vehicle with a written confirmation that the issue is fixed and the car is safe

At this point, the dealer (with whom my contract is based) has not provided any answers and is hiding behind the ombudsmen as ‘they have not had sight of the vehicle and an opportunity to fix’.

Any advise as to my next course of action please? Thank you.

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