E60 not as good as old E39
#21
Senior Members
Join Date: Jun 2005
Location: USA, NJ
Posts: 536
Likes: 0
Received 0 Likes
on
0 Posts
My Ride: 2007 BMW 550, Sport, Navi, PS, CWP, Sirius
The only thing that was better in my 2002 540 Sport was the smaller and fatter steering wheel. E60's sport steering wheel is huge and not as soft, but is is heated and better looking. Fuel consumption is about the same on 550 as on the old 540, 545 was a little bit better in this regard. E39 was also more stable at higher speeds, probably due to the non-active suspension and non-RFT tires.
#22
Contributors
Join Date: Jan 2008
Location: London, UK.
Posts: 607
Likes: 0
Received 0 Likes
on
0 Posts
My Ride: 07 E61 530d M-Sport.
Originally Posted by Ricracing' post='805613' date='Mar 2 2009, 09:40 PM
But the old E39 was voted three years in a row as the best car in the world - the E60 never.
#23
Contributors
Join Date: Oct 2008
Location: london england
Posts: 852
Likes: 0
Received 0 Likes
on
0 Posts
again im sorry mate, but you did not do your homework...all BMW E60's pull away in second gear (autos) unless you select "manual"
you should NOT have bought at a distance that is totally your fault
remember the latin..buyer beware.
340 miles is nothing compared with ????
you could have got a AA/RAC check for ?75
a deceint standard to the dealer is obviously a different standard to yours.
in court you would loose...fact. you have mitigation, but not a defence.
you should NOT have bought at a distance that is totally your fault
remember the latin..buyer beware.
340 miles is nothing compared with ????
you could have got a AA/RAC check for ?75
a deceint standard to the dealer is obviously a different standard to yours.
in court you would loose...fact. you have mitigation, but not a defence.
#24
Senior Members
Join Date: Oct 2008
Location: Midlands, U.K.
Posts: 375
Likes: 0
Received 0 Likes
on
0 Posts
Originally Posted by Dr Dave' post='806188' date='Mar 3 2009, 10:44 AM
again im sorry mate, but you did not do your homework...all BMW E60's pull away in second gear (autos) unless you select "manual"
you should NOT have bought at a distance that is totally your fault
remember the latin..buyer beware.
340 miles is nothing compared with ????
you could have got a AA/RAC check for ?75
a deceint standard to the dealer is obviously a different standard to yours.
in court you would loose...fact. you have mitigation, but not a defence.
you should NOT have bought at a distance that is totally your fault
remember the latin..buyer beware.
340 miles is nothing compared with ????
you could have got a AA/RAC check for ?75
a deceint standard to the dealer is obviously a different standard to yours.
in court you would loose...fact. you have mitigation, but not a defence.
#25
Members
Join Date: Aug 2008
Location: Kent, England.
Posts: 189
Likes: 0
Received 0 Likes
on
0 Posts
Not sure where you guys get your information from but here are some excerpts of interest.
The Sale of Goods Act 1979 is the main piece of legislation helping buyers to obtain redress when their purchases go wrong. It is in the interest of anyone who sells goods or services to understand the implications of the Act for them and the responsibilities they have under it.
Essentially, the Act states that what you sell must fit its description, be fit for its purpose and be of satisfactory quality. If not, you - as the supplier - are obliged to sort out the problem.
The rights of customers: goods
If you sell your customers goods that don't conform to contract - that aren't as described, are unfit for their purpose or of unsatisfactory quality - you are legally obliged to resolve the problem if they seek redress.
The Sale of Goods Act states that if customers want to reject faulty goods, they have to do so within a "reasonable time". A legal definition of "reasonable" is not given though - it varies from case to case and could be just a few weeks from the date of purchase.
If a customer rejects faulty goods within this "reasonable" period, they're entitled to ask for their money back. All customers can claim compensation at any time if they choose. If you sell to consumers - not other traders - they can ask for a repair or a replacement immediately (instead of asking for a refund) at any time until six years after purchase.
If you're dealing with a consumer, any repair or replacement you arrange must not cause them too much inconvenience. You may have to pay for other costs such as transportation. However, if a replacement is impossible and the goods cannot be repaired economically, or vice versa, then you can offer a full or partial refund.
In law you have a responsibility to your customer for up to six years from the date of purchase (in Scotland, five years from discovery of the problem). During this period, you are legally obliged to deal with any claim of breach of contract.
Now I have given BMW 6 attempts to repair my car, still has the issue, so they have had ample opportunity.
as for quoting some Latin that was conceived more than 2000 years ago, and has no bearing on a product or service bought from a trader, maybe if I bought it down the pub for a fiver then yes.
The Sale of Goods Act 1979 is the main piece of legislation helping buyers to obtain redress when their purchases go wrong. It is in the interest of anyone who sells goods or services to understand the implications of the Act for them and the responsibilities they have under it.
Essentially, the Act states that what you sell must fit its description, be fit for its purpose and be of satisfactory quality. If not, you - as the supplier - are obliged to sort out the problem.
The rights of customers: goods
If you sell your customers goods that don't conform to contract - that aren't as described, are unfit for their purpose or of unsatisfactory quality - you are legally obliged to resolve the problem if they seek redress.
The Sale of Goods Act states that if customers want to reject faulty goods, they have to do so within a "reasonable time". A legal definition of "reasonable" is not given though - it varies from case to case and could be just a few weeks from the date of purchase.
If a customer rejects faulty goods within this "reasonable" period, they're entitled to ask for their money back. All customers can claim compensation at any time if they choose. If you sell to consumers - not other traders - they can ask for a repair or a replacement immediately (instead of asking for a refund) at any time until six years after purchase.
If you're dealing with a consumer, any repair or replacement you arrange must not cause them too much inconvenience. You may have to pay for other costs such as transportation. However, if a replacement is impossible and the goods cannot be repaired economically, or vice versa, then you can offer a full or partial refund.
In law you have a responsibility to your customer for up to six years from the date of purchase (in Scotland, five years from discovery of the problem). During this period, you are legally obliged to deal with any claim of breach of contract.
Now I have given BMW 6 attempts to repair my car, still has the issue, so they have had ample opportunity.
as for quoting some Latin that was conceived more than 2000 years ago, and has no bearing on a product or service bought from a trader, maybe if I bought it down the pub for a fiver then yes.
#26
Contributors
Join Date: Oct 2008
Location: london england
Posts: 852
Likes: 0
Received 0 Likes
on
0 Posts
the "latin quote" was just to highlight common sence.and applys to what ever you buy, not just "down the pub"
and what have BMW not fixed? prehaps they dont think they have to/should? thats why they havnt done it. there must be a valid reason why they are taking this standpoint.
its your car, its your choice and more importantly its your money, so go for it pay a solicitor and try to go head to head with a major corp.
you will loose, but as i said, its your money.
the car seemed fit for purpose to me, baised on what you have said, yes there are problems, but you bought a used car blind, with no paperwork stating the faults or promise to fix. what do you think the judge would say about that?
the dealer has rights also.
try looking at it from his point of view and try to find some middle ground?
good luck anyway.
and what have BMW not fixed? prehaps they dont think they have to/should? thats why they havnt done it. there must be a valid reason why they are taking this standpoint.
its your car, its your choice and more importantly its your money, so go for it pay a solicitor and try to go head to head with a major corp.
you will loose, but as i said, its your money.
the car seemed fit for purpose to me, baised on what you have said, yes there are problems, but you bought a used car blind, with no paperwork stating the faults or promise to fix. what do you think the judge would say about that?
the dealer has rights also.
try looking at it from his point of view and try to find some middle ground?
good luck anyway.
#27
Senior Members
Join Date: Oct 2008
Location: Midlands, U.K.
Posts: 375
Likes: 0
Received 0 Likes
on
0 Posts
Chris my information comes from personal experience, my dad is a solicitor that owns a legal firm and i am a trainee solicitor, so as you can imagine we have been through this before, its your money, but believe me you have a very slim chance of a court making a judgement in your favour. The sale of goods act while it is applicable you have to remember you purchased the car 2nd hand, not new so you don't have the same rights, as the faults were present when you purchased the car. Had you said i will buy the car provided this is fixed etc then that would become a term of the contract and you would have a high chance of a succesful claim. But i don't think you did, so the only reason you have any chance of a claim is because you purchased from someone "acting in the course of a business", but even then you have next to no chance of getting a good outcome.
#28
Members
Join Date: Aug 2008
Location: Kent, England.
Posts: 189
Likes: 0
Received 0 Likes
on
0 Posts
I did ask the salesman if there were any faults and he told me there were none, some of them I pointed out when collecting the car and they were sorted straight away.
The others developed after purchase and were not present at the time of sale.
The gearbox is the main issue, its still having the same problem. I have lost all faith in the reliability of the vehicle now as its gone wrong so many times.
The dealer has offered to buy the car back off of me at a trade price and then sell me another, but that is not acceptable in my opinion as its going to cost me more money.
This issue has more to it than meets the eye, and I know you guys are going on the brief description I have given, but I had a discussion with the dealer who originally told me they could swap my car and they wouldn't make any profit on the deal, this now seems to have evaporated.
The others developed after purchase and were not present at the time of sale.
The gearbox is the main issue, its still having the same problem. I have lost all faith in the reliability of the vehicle now as its gone wrong so many times.
The dealer has offered to buy the car back off of me at a trade price and then sell me another, but that is not acceptable in my opinion as its going to cost me more money.
This issue has more to it than meets the eye, and I know you guys are going on the brief description I have given, but I had a discussion with the dealer who originally told me they could swap my car and they wouldn't make any profit on the deal, this now seems to have evaporated.
#29
Senior Members
Join Date: Dec 2008
Location: San Antonio
Posts: 695
Likes: 0
Received 0 Likes
on
0 Posts
Originally Posted by chris f' post='805418' date='Mar 2 2009, 01:13 PM
I have not previously actually detailed what went wrong with the car and what has caused me to take it to a legal level.
to give you an idea, this is an excerpt from my letter to the dealer in question. My car developed a problem within 2 days of ownership, and despite several visits to various dealers the car still has a fault, the gearbox doesn't seem to know if its a gearbox or if its a toaster, I think my toaster would give a smoother pull away.
The problems are:
1. CD Changer magazine was missing
2. Toolkit contents missing
3. Interior cigarette burn holes
4. Vehicle documentation (handbook etc) missing
5. No prior service history
6. Scuff on front bumper
7. Paintwork general condition poor
8. Only 1 key supplied
9. Cigarette lighter socket inoperable
10. Parking sensors inoperable
11. Battery collapsed
12. Airbag system total failure
13. Battery cable failed
14. Power windows system failure
15. Drivers door speaker faulty
16. Gearbox oil leak
17. Gear change inconsistent/uncomfortable
18. Boot spoiler lifting
19. Airbag system partial failure
20. Instrument panel creaking
21. Seatbelt mount creaking
Do you think this counts as excessive faults and the car is not fit for purpose now.
Unless of course its purpose is to cause me unimaginable grief and spend lots of time at the dealers, if that were the case then its done exceptionally well
to give you an idea, this is an excerpt from my letter to the dealer in question. My car developed a problem within 2 days of ownership, and despite several visits to various dealers the car still has a fault, the gearbox doesn't seem to know if its a gearbox or if its a toaster, I think my toaster would give a smoother pull away.
The problems are:
1. CD Changer magazine was missing
2. Toolkit contents missing
3. Interior cigarette burn holes
4. Vehicle documentation (handbook etc) missing
5. No prior service history
6. Scuff on front bumper
7. Paintwork general condition poor
8. Only 1 key supplied
9. Cigarette lighter socket inoperable
10. Parking sensors inoperable
11. Battery collapsed
12. Airbag system total failure
13. Battery cable failed
14. Power windows system failure
15. Drivers door speaker faulty
16. Gearbox oil leak
17. Gear change inconsistent/uncomfortable
18. Boot spoiler lifting
19. Airbag system partial failure
20. Instrument panel creaking
21. Seatbelt mount creaking
Do you think this counts as excessive faults and the car is not fit for purpose now.
Unless of course its purpose is to cause me unimaginable grief and spend lots of time at the dealers, if that were the case then its done exceptionally well
You are most likely to make a case with #12 total airbag system failure. Other than that it appears that it was your responsibility to check out car, was it not? You are not a 16 year old. Even there, Judge Judy would tell the kid--life is tough.
Sorry, fellow.
#30
Senior Members
Join Date: Dec 2008
Location: San Antonio
Posts: 695
Likes: 0
Received 0 Likes
on
0 Posts
Originally Posted by chris f' post='805418' date='Mar 2 2009, 01:13 PM
I have not previously actually detailed what went wrong with the car and what has caused me to take it to a legal level.
to give you an idea, this is an excerpt from my letter to the dealer in question. My car developed a problem within 2 days of ownership, and despite several visits to various dealers the car still has a fault, the gearbox doesn't seem to know if its a gearbox or if its a toaster, I think my toaster would give a smoother pull away.
The problems are:
1. CD Changer magazine was missing
2. Toolkit contents missing
3. Interior cigarette burn holes
4. Vehicle documentation (handbook etc) missing
5. No prior service history
6. Scuff on front bumper
7. Paintwork general condition poor
8. Only 1 key supplied
9. Cigarette lighter socket inoperable
10. Parking sensors inoperable
11. Battery collapsed
12. Airbag system total failure
13. Battery cable failed
14. Power windows system failure
15. Drivers door speaker faulty
16. Gearbox oil leak
17. Gear change inconsistent/uncomfortable
18. Boot spoiler lifting
19. Airbag system partial failure
20. Instrument panel creaking
21. Seatbelt mount creaking
Do you think this counts as excessive faults and the car is not fit for purpose now.
Unless of course its purpose is to cause me unimaginable grief and spend lots of time at the dealers, if that were the case then its done exceptionally well
to give you an idea, this is an excerpt from my letter to the dealer in question. My car developed a problem within 2 days of ownership, and despite several visits to various dealers the car still has a fault, the gearbox doesn't seem to know if its a gearbox or if its a toaster, I think my toaster would give a smoother pull away.
The problems are:
1. CD Changer magazine was missing
2. Toolkit contents missing
3. Interior cigarette burn holes
4. Vehicle documentation (handbook etc) missing
5. No prior service history
6. Scuff on front bumper
7. Paintwork general condition poor
8. Only 1 key supplied
9. Cigarette lighter socket inoperable
10. Parking sensors inoperable
11. Battery collapsed
12. Airbag system total failure
13. Battery cable failed
14. Power windows system failure
15. Drivers door speaker faulty
16. Gearbox oil leak
17. Gear change inconsistent/uncomfortable
18. Boot spoiler lifting
19. Airbag system partial failure
20. Instrument panel creaking
21. Seatbelt mount creaking
Do you think this counts as excessive faults and the car is not fit for purpose now.
Unless of course its purpose is to cause me unimaginable grief and spend lots of time at the dealers, if that were the case then its done exceptionally well
Man up; you screwed up.