Hi guys, I’m just looking for a bit of advice on my situation with my recent car purchase.
In April of this year I bought a car from a dealership in London. I drove the car back home (400 miles) and the next day when I started it up I heard the dreaded rattle of a timing chain needing replaced.
I got in contact with my local BMW specialist and arranged for the timing chain to be checked over to see if that was definitely the issue. I took my car in on 28th of May and left the car in the garage. I was told originally it would take 1 hour to check the chain but when I got to the garage I was asked to leave the car with them. I messaged the mechanic on 1st of June for an update and was told he was waiting on his main mechanic coming back from holiday then I was told more excuses. I felt like they were taking the piss so after exactly 4 weeks of them having the car I was told he was just waiting on the warranty company getting back to him. I called the warranty company myself and was told nobody had been in contact with them regarding my car/reg. I collected my car off them on June 24th and took it home. The garage said once the warranty company got back to them they’d phone me and get the car back in to complete the work. At that point I didn’t trust them or want them to work on the car.
On July 18th while my car was in a different garage I messaged the dealer who I bought the car from just to let him know that the car was in getting assessed for timing chain and rocker cover and that I’d be using the warranty he provided (when I bought the car he said to contact him before contacting warranty company as he had a good relationship with them and he’d probably be able to make sure they would accept a claim).
On July 24th I got an email from the warranty company rejecting my claim for a stretched timing chain because they only cover snapped timing chains. At this point I wasn’t surprised to be honest because I’ve always heard bad things about 3rd party warranty companies. I sent the following message to the dealer;
“Hi mate, just had a email back from the warranty company rejecting my claim for the timing chain to be replaced. I noticed the noise coming from engine bay the day after I picked the car up when I started it from cold. I don’t think I noticed it when collecting the car because the engine was warmed up by the time you collected us from the airport in it. I’ve got videos dating from as early as April 24th of evidence of louder than normal ticking coming from engine bay. My only option now is to make a claim to you under my statutory rights instead of a 3rd party warranty claim. I’ve been advised that the car wasn’t of satisfactory quality or fit for purpose at the time of purchase due to a stretched timing chain. I drove it the 425 miles home and knew an issue was there but wasn’t 100% sure on the cause. I booked it in with a BMW Specialist and they had the car from 26th of May until the 24th of June and they confirmed the noise was coming from the timing chain but they couldn’t complete the work due to being too busy. I then took it to another BMW specialist on the 12th of July and he confirmed it was a stretched timing chain and also discovered a leaking rocker cover. I have his breakdown and report available if needed. The car has covered a total of 1800 miles since purchase. I’ve not been able to enjoy it really due to time in garage and knowing there’s an issue with the engine.
I have videos showing the excessive ticking dated;
2 on 24/4/26
3 on 25/4/26
2 on 29/4/26
I can send these videos to you as well if needed.
I’ve been advised that under the Consumer Rights Act 2015 under UK law, any defect that appears within the first 6 months is legally presumed to have been present at the time of sale, unless the dealer can prove otherwise and between 30 days and 6 months post-purchase, the dealer has one chance to repair the fault at zero cost to me, within a reasonable timeframe and without causing me significant inconvenience.
I hate to be quoting legal terms and to cause you a headache mate but this is just what I’ve been advised. I’ve had 3 quotes and the cheapest being £1800 and the most expensive being £2900 so not ideal for a car I bought 3 months ago and have had in a garage for a month of that time. Let me know what you think is best course of action to take next.
Sorry again and thanks”
He replied saying he was on holiday but would get back to me.
On August 12th he asked me for all the video evidence and all the quotes from various garages I’d been in touch with.
On August 24th I got an email from the warranty company saying they will cover £750 of the repairs as a good will gesture. I messaged the dealer to ask if he was happy paying the remainder of the bill and he replied he wouldn’t pay it but was happy to split the remainder of the bill. I said “fair enough, I’ll get the car booked in” he replied “let me know when it’s fixed and send me the invoice”
The earliest I could get the car booked in for was the last week of September so I did that and got the job completed. It was £1875 for the timing chain + rocker cover, I sent him the invoice on 6th of October and he’s ghosted me since.
I know that’s a lot of bullshit to read but I’m just wondering if I would have a case in regards to the consumer protection? I feel like I gave him the opportunity to get the car fixed himself and he wasn’t interested. I fear I may have fucked it for myself by saying “fair enough” when he said he’d split the remainder of the bill with me.
It looks like taking him to small claims court is the only option I have but I’m not sure that’s even an option. I have screenshots of all conversations and videos of the car rattling. I’m just not sure what to do now.
Thanks for any advice you guys can give, I see this kinda thing come up a lot on here so just hoping someone who knows more than me can chime in.
EDIT: I sent the dealer a WhatsApp;
“Hi, it’s clear you aren’t intending to cover the costs for the timing chain and rocker cover repairs. As you agreed to use this specific garage to carry out the work when I gave you the chance to fix the faults, you are responsible for the agreed cost.
Also, I have videos showing the faults occurring the very next day after I purchased the car from you. Under the Consumer Rights Act 2015, because these faults arose within six months of purchase, the law presumes the defects were present at the time of sale, making you liable.
I am fully prepared to recover these costs through the Simple Procedure in the Scottish courts. Before I initiate this, I will be sending a formal Letter Before Action to your address this week, giving you a final 14-day window to settle the balance. I’d prefer to resolve this without escalating to court proceedings, but the choice is yours.”
Hopefully he’ll send me the money for the repairs but if not I’m gonna go through small claims court.
Thanks to everyone for their advice, I’ll keep you guys updated.