Cem

DO NOT BUY LP16SPY BMW 116d b4 u read

Poor and frankly unprofessional communication from this trader who completely ignored many of my questions and did not provide any answers. They repeatedly asked me to get the car looked at elsewhere. They were also completely oblivious to my Consumers Rights (as per Consumer Rights Act 2015). I had to take court action for them to refund me my money which I reluctantly accepted as it dragged on for months and months and I was out of pocket. Car was purchased for £10399 (remote purchase as I am in London) on 19 October 2023. Called the day before delivery to be told it did not have second key but either they can deliver in a week or I can have someone to do it for me, Carscene to cover the cost of the work. I chose the latter as I needed a car. 21 October 2023 chased for the key persons information and had to chase again 10 days later (1 November 2023). I also informed them of exhaust fumes smell in the cabin and under the hood and asked if they would cover this under warranty (1 November 2023). Information received with regards to key person but no comment on the fumes smell (3 November 2023). Emailed the same day asking about the exhaust smell and offered to either show to a trusted garage of their choosing or take car back to Norwich on 8 November 2023. They declined to look at the car as they would be short staffed on 8 November 2023 and I was advised to use the AA warranty they provided. I went over the warranty and this was not a problem that would be covered and also I would have to pay for the initial inspection of the car according to warranty and I would not be entitled to apply for this to be paid under the warranty. 9 November 2023 I informed Carscene that the contact given for the second key was not aware of Carscene (Kevin or Ross at Carscene) and had not heard of the job. I asked Carscene to contact this person and inform him of the work which needs to be carried out and also inform him that Carscene would be paying for his work as we previously agreed. 10 November 2023 they asked me to liaise with Carscene when I am next in Norwich and they would have someone local to look at it. 12 November 2023, I offered to take car back on 22 November 2023 and asked for a courtesy car whilst they looked at the BMW. I also asked them to look at the exhaust smell in the cabin and under the hood. 13 November 2023 they offered to collect the car when I am in Norwich and have the car to be looked at, including the exhaust smell issue. No courtesy car offered. 22 November 2023, problem with second key being coded, they are unable to move the car. Third party company who was working on the car agreed to give me a courtesy car. I was told that the exhaust smell issue was sorted by Ross and that was all done. 18 December 2023, contact from the Key company, the key has been fixed but problem with the starter motor and car will not start. Also Carscene refusing to arrange for a fix of the starter motor at the cars location and also refusing to pay the Third party doing the second key work. The Third party also asking for the courtesy car to be returned to them by the next day as they have completed their work. I was unable to get through to Carscene, contacted the AA warranty who agreed to cover most of the starter motor problem, so got it fixed that way. Third party agreed to return the car back to me with one key until they were paid in full by Carscene. 20 December 2023 Carscene informed the exhaust smell issue continues and does not appear to have been fixed. Chased for a reply on 24 December 2024. 28 December 2023 Carscene asking for when the car will be back in Norwich so they can have a look at it. I replied that I will be back in Norwich on 14 January 2024. 29 November 2023 reply received that Carscene will look at the car once it is back in Norwich. On 24 January 2024 Carscene emailed: “Underside of the bonnet and the engine bay is covered with soot. I am worried that same has happened to the air filter and the pollen filter as well. The same soot is in the exhaust as well. I cleaned the tip last week and it is covered again within a week. The smoke from the exhaust really smells as if the car is burning oil. When the car is running if you open the oil cap it looks like an exhaust pipe and fumes are coming out of it. The exhaust smell coming into the car continues. I am worried that in the current state it would not pass an emissions test and would be grateful if you can reassure me that the car is still OK with regardsto this.” Got the car back and was informed that it needed a DPF filter. They would have to order the part in and when it is back I would need to bring the car back to Norwich. I offered to bring the car back on 19 January 2024 but that day did not work for them so we agreed on taking the car back to Norwich on 12 February 2024. Apparently the other issues would solve themselves once DPF is changed. Got the car back on 12 February, smell a bit less but continues, exhaust fumes from under the oilcap continues. Ross said apparently that is normal and it would all clear as I drove the car. Drove the car back to London that night and parked on driveway. There was so much smoke coming form under the bonnet that I thought the engine bay was on fire. I took videos and sent them to both Ross and Kevin. Spoke to Ross the next day who advised for me to have it looked at locally. I declined as I did not feel the car was hazardous on the road and also hazardous to my health as it was. I asked for a courtesy car and for them to collect it to fix the problem or for them to refund my money. Ross asked me to put it in writing which I did on 13 February 2024. I drive a lot for driving and needed to stay mobile. This was a massive inconvenience and resulted in loss of earnings for me as well. 13 February 2024 Carscene advising me to take the car to a local garage and they would be unable to provide a courtesy car. I declined to drive the car any more and advised I will be looking at my options. 15 February 2024 They advised for a local garage to look at the car or for them to collect the car and have a look at it. No courtesy car offered. 16 February 2024 I informed Carscene of Consumer Acts 2015 and that I am rejecting the car as they had 2 attempts (for the exhaust fumes problem) to fix the problem and they had failed. They offered to collect and fix the car. 18 February 2024 I declined their offer as I had already arranged for alternative transport. I asked for information about their Alternative Dispute Resolution Service (ADSP) provider. 19 February 2024 Reply form Carscene, Kevin is on Holiday and they can collect the car a week later, inspect the car at their garage and than sort out the funds. 20 February 2024 Carscene informed of current milage of car, asked how much they would charge for per milage used, asked for ADSP information and also asked if they are registered with Motor Ombusman 29 February 2024 Carscene reminded of the information provided in my email 20 February 2024, once again asked for information requested in my email 20 February 2024 and also asked them to acknowledge the issues raised. 5 March 2024 Phone call from Ross, Kevin is unwell but offering £8000 as refund. I felt this was unreasonable and declined. I asked them to improve the offer or meet me half way at £9250. 6 March 2024 Kevin emailed advising either I let them collect the car to fix it with the offer of a courtesy car or that I accept £8000 refund. Apparently the car could not have been too problematic given I had it for 4 months. I decided to seek further legal help and advice at this point. 21 March 2024 Carscene chasing me asking if I want the car fixed or refund of £8000. I asked on what basis they were arriving at the value of £8000 and what legal authority they were referring to with regards to their decision. I also asked how would a refund process work. Carscene advised someone would come to me inspect the car and than take it away. I reluctantly agreed to their offer of £8000 on the basis that the funds would be transferred into my account before the car is taken away, as I was out of pocket and they did not seem to want to negotiate nor were they answering any of my questions. 22 March 2024 Carscene agreed to transfer funds on collection of car. 25 March 2024 Carscene emailed again asking if I agreed for refund of £8000. 26 March 2024 I replied I agreed with the conditions that the car would be inspected at my premises and this inspection would be final, I would be provided with a receipt of collection and funds to be in my account before the car is taken away. 8 April 2024 – Car was inspected by independent engineer from Automotive Engineers Consulting LTD. Here is their opinion from their report: “After inspection of the above vehicle, we would confirm issues of fumes within the cabin and what appears to be excessive crank case compression or pressure and an issue with the oxygen sensor as above reported. Based on the fact that this appears to have been reported shortly after sale with an extremely low elapsed mileage since sale, we must conclude that these conditions were present at the time of sale. The exhaustive documentation / evidence provided does support that the engine condition was present / developing at purchase, at this stage we do not consider that the mileage covered in the vehicle since purchase and from when the engine issue was first reported has exasperate the condition, the engine being in a failed date at the time of purchase.” We agreed on 11 April 2024 as the collection date, I was away at work so I arranged for someone to be at home for them with all of the paperwork ready. In the meantime they asked for me to check if the car would start which I confirmed. 11 April 2024 Agent on behalf of Carscene arrived and inspected the car. They wanted to take the car away before receipt of inspection and collection was handed over and before the funds were transferred to my account. I declined. They called their agent back and did not provide the requested receipt or the funds. 12 April 2024 email from Kevin informing me that they withdrew their offer of buying the vehicle back. I replied this is not in keeping with Consumers Act 2015 and informed them I will be taking legal action. 20 April email sent Carscene advising them of Consumers Act 2015 and they should complete within 14 days of agreement without undue delay. I asked for refund of the outstanding amount as per my payment method and arrange a date to collect the car or alternatively inform me of their complaints procedure. 21 April 2024 Carscene replied that they only offered the refund as a good will gesture. When the car was inspected there were no warning lights and it ran perfectly well. They reminded me that the purchase of the car was withdrawn but statuary obligation to guarantee their repairs was still in date. 26 April 2024 I emailed Carscene that they did not provide the agreed refund or inform me of their complaints procedure. I asked if they would go for independent mediation and who their mediator was. 7 May 2024 Final warning letter sent with regards to taking court action. 10 May 2024 Kevin from Carscene replied their stance in their email from 26 April 2024 had not changed. 15 May 2024 Small Claims court application submitted and issued. 16 May 2024 Kevin form Carscene asked me if I would arrange for the car to be delivered back to Carscene or if they can arrange for one of their agents to collect the car. 18 May 2024 I advised car to be collected, once again reminded Carscene to provide receipt of inspection and purchase and funds would need to be in my account before the car leaves. 21 May 2024 receipt of inspection and purchase received. 22 May 2024 Carscene agent collected the car. Funds cleared as previously requested before car was released. Small Claims Court against Carscene withdrawn. I have all email communications, pictures, text, WhatsApp messages and videos saved to back up above events.