Thanks Dave. I have this very early DRAFT email which might change ready to go to the UK CEO of BMW:
WITHOUT PREJUDICE
Hello Mr Grieve,
I am writing to you in a bid for your help and assistance.
This vehicle was purchased (from a non-franchised dealer) on Friday, 21st June 2019. During the period between seeing it, and collecting it, the car was serviced by Lister’s in Kings Lynn, Norfolk. A “fluid” service was undertaken and they were asked to investigate a “squeal” noise from the brake pads. It was fairly noisy when braking – but disappeared thereafter. All of this was undertaken on behalf of the then owner. I was given a note to confirm the Service when I paid for and collected the car. The dealer from whom I purchased the car, confirmed that they had investigated the noise but couldn’t find anything wrong. They were loathed to change the brake pads since they were not worn below a minimum size BMW dictate. In order to investigate this brake issue, the wheels have to be removed.
During my ownership, the squeal remained for a while. Otherwise, save for a few small issues, the vehicle has performed adequately.
Two weeks ago, I summoned the services of a reliable and respected alloy wheel repairer. The wheels did have a few scuffs courtesy of the prior owner. I thought I would have them repaired in order to further enhance the car. Despite many attempts, he was unable to undo any of both the wheel lock bolts and the standard bolts. He deployed various bar extension lengths all to no avail.
Subsequently, I have had both a local mechanic and a tyre workshop attempt their removal with no joy at all. On Monday, last I spent most of the morning driving around various other garages/workshops in an attempt to help. NO ONE has been able to remove these bolts.
Quantum, at this stage, is zero since people have been very fair about it. No removal – no cost. This is precisely the reason I have not been to one of your dealers, principally since it is them who have hugely over torqued these bolts in the first instance. Of course, additionally, there remains the massive cost they would charge simply to look at the problem. Money, I can ill afford to pay. And, frankly, shouldn’t be expected to pay. Thus far, there have been no brute force attacks and I should like to keep it that way. The wheels have not been damaged. Nonetheless, it may come to this.
The car, as it is, is not fit for its purpose. I cannot replace worn tyres, nor deal with any puncture damage. I am disabled and I depend on this vehicle. Can you imagine me being stuck somewhere with a flat tyre - and with no possible way of a roadside recovery firm being able to help?
Principally, in UK law, the dealer has some responsibility here. The car must be fit for purpose and, despite the passing of six months, it’s not. The law provides for unknown issues, quite extraordinarily, for up to six years.
The bottom line is that I have no wish to return the car. What I would like is the wheels removed, repaired and the bolts re-secured to the correct torque settings.. I suspect this will end with some form of brute force method being used, and subsequent damage to all four wheels.
At this stage, I have written to the dealer and have asked what he proposes to do about it. I am following legal protocol, nonetheless, I know he will not respond since he has made that clear in my initial telephone discussions. If I do not hear from him in fourteen days, I shall then send a letter confirming my intention to take legal action in the local County Court. A further period of time must elapse before issuing proceedings.
It has come to light, that I also have the option of including BMW as a third party in this action. In reality, there is a large element of corporate responsibility here given the over tightening of the bolts – and the fact that the car has only ever been serviced by BMW approved dealers.
I am unable to walk more than a few metres and this car is my life line. yet it now sits on my driveway rarely used. I am - this bit will change
In the first instance, I would be pleased to hear from you.
Regards.
R