[jcuthell]

Hi Everyone,

Can anyone add any light to my case and give me an opinion as to whether it is of merchantable quality under the sale of goods act 1994.

Since buying the car on 30 November I have had these problems:

1. Drifting to the left. Two repairs unsuccessful.
2. Damage to rear seat trim squab.
3. Damage to front driver’s seat squab fabric. Three repairs unsuccessful.
4. Inaccurate fuel gauge. Faulty again from Monday.
5. Noise from cold water pump/alternator area.
6. Door lock would not open on passanger side.

I have 3 faults remain the drift of which has no definate date. My dealer and BMW say it is of merchantable quality. I disagree. What does everyone think? There is no date for a fix. I think it should be replaced. They say it is merchantable because it is not a safety issue- but that is regardless.

Thanks for your help,
James

[MrCooper]

In my opinion a car of merchantable quality should drive in a straight line - like all other cars manage to do. As for doors locking, other cars do that and they also tell you how much fuel there is.

Stand your guns if its what you believe

[jcuthell]

It is what I believe I think it a reasonable assumption that car should drive in a straight line and tell u how much fuel is in the tank. I think that is reasonable. Thanks for your help.

[mr.bill]

Not safety related? Bullfeathers! A car should track straight, period. There may be some drift to the roadside due to camber, but it is very slight and not noticeable on most roads. If you have to hold the wheel tightly to keep the car straight, then it is definitely a safety issue. What if you were to be distracted for a moment and the car drifted into a parked vehicle or tree? Having to hold the wheel to keep the car straight is bound to cause premature tire wear as well.

As to the door locks, this becomes an issue with the insurance agent. If your car is stolen or burglarized, the insurance company won't pay off because you didn't lock it. It could also be a safety issue. What if you were in a bad part of town, stopped at a traffic light and a hooligan jumped into the passenger seat to carjack you at knifepoint because the passenger door wouldn't lock? I saw a man get carjacked during a televised high speed chase. He was pulled from the car and dragged because he got caught in his seatbelt. Had his door been locked, that wouldn't have happened.

[JV]

You have a cast iron case - no way should a car do those things. A car is not of merchantable quality as per SoG Act if it doesn't work as normal - ie if the car undertakes to do something (for example drive in a straight line) and it doesn't - you have every right to reject it. Whatever BMW say, tell 'em you're rejecting it.

[Viscount Charles]

"merchantable quality"? Whatever do you mean?

The test under the amended act is whether the goods are of "satisfactory quality". Goods are of satisfactory quality if they are of merchantable quality AND free from minor defects. Although what is a sufficiency of faults to entitle a buyer to reject the goods outright is something of a moveable feast.

Unfortunately you can lose the right to reject goods based on faults for which you have given the seller an opportunity to effect a repair (even if the repair is sucessful - go figure). This is known as the Currys/Dixon clause

IMHO, the faults you list probably wouldn't entitle you to reject the goods. You don't say which problems have been fixed, but not all of the faults remain or

1. Drifting to the left. Two repairs unsuccessful.
- A pull to the left might qualify; do you mean "drift"?

2. Damage to rear seat trim squab.
- fixed?

3. Damage to front driver’s seat squab fabric. Three repairs unsuccessful.
- how caused? How bad is it? Why have the repairs been unsucessful?

4. Inaccurate fuel gauge. Faulty again from Monday.
- out by a bit, or reading empty after using only a gallon?

5. Noise from cold water pump/alternator area.
- could be anything, from something completely trivial to something serious. Difficult to say whether it's affecting the car's quality.

6. Door lock would not open on passanger side.
- once? Twice? Every time you use it?

A leftwards pull, plus damage to the seats, plus frequent failure of the locks and fuel guage might entitle you to reject the goods. I'd want to know what that "noise" is first, though.

[gazzaman28]

The thing is, even with Dixons and Currys they will eventually give up doing repairs and replace your goods. I bought a TV and a year later it had been repaired 4 times and was still faulty, so I complained and they agreed to swap it - I got a brand new set, with a new full warranty. That was a £600 TV. The same should surely apply to a £12k car, particularly with a reputation like BMWs.

[lhasa]

I am sorry to hear of your troubles, but I have a story from the US that you might find interesting.

I was told of a woman who was so unhappy with her Land Rover and her dealership that she decided to write "I HATE MY LAND ROVER AND I BOUGHT IT AT ***** AND THEY WILL NOT TAKE IT BACK" on the windscreen and windows and parked her car in front of the dealership every day and left it there. Three days later, they took it back.

[Damo]

Quote:

Originally posted by lhasa
I am sorry to hear of your troubles, but I have a story from the US that you might find interesting.

I was told of a woman who was so unhappy with her Land Rover and her dealership that she decided to write "I HATE MY LAND ROVER AND I BOUGHT IT AT ***** AND THEY WILL NOT TAKE IT BACK" on the windscreen and windows and parked her car in front of the dealership every day and left it there. Three days later, they took it back.

Now thats funny! Hurray to the little people!

[cmt]

Now that's an idea
Or maybe my next car can have an 'I HATE *insert old dealer name here*' sticker on it.... good publicity for all the regional/national meets

[mr.bill]

I recall about 30 years ago when a man had a new car that the dealer couldn't fix and wouldn't take back, so he bought some yellow paint. He painted big lemons all over it, called the media to alert them to a "human interest story," then drove around the block where the dealer was, honking his horn. It only took a few times around the block before the dealer waved him in, took the car back and gave him another one.