XSeries-forum

Hi All,

I travelled from Surrey to Leicester yesterday and I purchased a 2007 E70 4.8i SE, I checked everything on the E70 thoroughly including the Panoramic Roof! I checked it opened/closed 3-4 times.

I got home to show the parents and opened the tilt function, the driver’s side is now stuck open and will not close but the passenger side will open and close fine. I have spoken to a specialist and he said it is likely to be a damaged cable and will require a Cassette rebuild at a cost of £960.00 + VAT 

Does anyone know any other specialists near Guildford, Surrey and does this sound like the correct diagnostic.

Thanks in-advance.

Welcome mate did you buy private or trade.

I brought it trade in p/x for my E53 4.8is but I chose not to take the 12 month warranty as they wanted another £750. I did call them but they said there's nothing they can do as everything was tested by me and therefore it's sold as seen!

I'm sure you've got some comeback mate.

No such thing as 'sold as seen'.  It has to be of merchantable quality and it's reasonable to expect it to have lasted longer or there has to be a suspicion the fault was pre-existing so they have to put it right or give you your money back.

Richard

So for someone like the OP who (like me) would like to know, what's the best way to approach this? Letter from his solicitor to the trader to quote the legalities or just bung him (trader) a letter quoting the same (and wait for an abusive reply)?

Just wondering, with all the effort (albeit almost a grands-worth) are you likely to win-win here? Not heard from anyone that's gone all the way and beat the system...

Please stand me to be correct.  :-[

Bad luck

Yes new cassette only reliable long term answer

[quote="Sanj"]
So for someone like the OP who (like me) would like to know, what's the best way to approach this? Letter from his solicitor to the trader to quote the legalities or just bung him (trader) a letter quoting the same (and wait for an abusive reply)?

Just wondering, with all the effort (albeit almost a grands-worth) are you likely to win-win here? Not heard from anyone that's gone all the way and beat the system...

Please stand me to be correct.  :-[
[/quote]

Trading standards would be one that could help as well here. As X5Sport said, no such thing as sold as seen for traders.

Sorry to hear of your problems with your E70. Its a great worry when changing cars if we are going to end up with problems. I feel like others that you should have a case against the dealers you bought from, but when they address the problem with that attitude it is very frustrating.
It looks like the Pan roofs on the E70 have not been improved from the E53 if they are beginning to fail at 6 years old.
I hope you manage to come to some agreement with the car dealers that sold you the car. It spoils what should be a very exciting time.

Hi,

Regret you are stuffed. New one is the only option really.
Been there on my E53 , thats why I got an E70 without the roof. Most X5's have a pan roof.
Waste of time IMHO and nothing but trouble.
Look on the web , someopne did repair one once, but its not an easy taks and not for the inexperienced.

Good luck,
Regards,
Nat.

[quote="X5Sport"]
No such thing as 'sold as seen'.  It has to be of merchantable quality and it's reasonable to expect it to have laster longer or there has to be a suspicion the fault was pre-existing so they have to put it right or give you your money back.

Richard
[/quote]

Correct me if I am wrong but I believe that by law traders have to give a 3 month warranty.

Edit: turns out there is a 3 month warranty but isnt worth paper its written on. Fruther reading http://www.adviceguide.org.uk/england/c ... faulty.htm

See
[url]http://www.legislation.gov.uk/ukpga/1994/35/section/1[/url

Where you buy something from a trader then there are implied terms that the goods or services will be of a reasonable quality.  It is an implied term, because it is assumed to be a contractual term notwithstanding that it wasn't written down in the contract or wasn't discussed

If the fault was shown to you, then you cannot rely on the term (hence you can't take sale items back to the shops if the fault is marked).  If you could have spotted the fault, then again, the implied term won't apply to that fault.  So, if the pan roof failed when you were there, but you bought it anyway, then you would have little redress - although note that the implied term still applies to everything else, just not the pan roof.

So, looks to me like you have a good case for complaint here. 

Did you buy on finance (or a credit card)? If so, you have consumer credit protections too - you can reject the goods and the finance co must sort out.  Call them and let them do the hard work....(and it's for this reason you should never pay case (or switch) for anything expensive)

Ben

It's easy to quote trading standards (they will only pass you to Consumer Direct anyway), SOGA and all the other legislation that goes along with purchasing 2nd hand goods but the bottom line is will you ever see any recompence.

You can dissappear up your own bum through consumer direct, arbitration and small claims courts, but there's no doubt that a dealer who takes the attitude that this one has done to start with will not give a monkies. Even if you get a judgement you'll still never see the money.

The dealer that screwed me (£3k for a new engine in a Disco, reported 2 hours after being collected) played all sorts of silly games with the system and eventually upped sticks and dissappeared. I couldn't get him into court and although the financial costs were minimal the aggro factor for about 6 months was enormous........for nothing.

I would seriously have to consider whether £1k was enough to screw your sanity because I gaurantee this dealer will not play ball.

PS: Isn't there a relatively cheap fix which closes the rear sunroof and stops it opening ever again, but you can still use the front portion. This maybe for the e53 only but worth a look.

PPS: I've adopted the method that I never open the sunroof.

Sorry to hear you had a hard time Denis O.

But, I disagree that it's not worth the effort.  The first rule of claims management is to deny a liability - 9 times out of time, that's enough so why wouldn't you do that?  If you persist, write a simple letter and show that you won't go away, you can get good results without too much difficulty.  And if you involve your credit provider, you get it done for you. 

Of course, there are a number of instances when people either give up or don't get a result with seeking redress, but one person's experience with a rogue trader should not discourage others

Keep a detailed note of all conversations (names, dates, times etc) and issues with the car includes photos.  Keep a record of your costs too but you must give these guys the opportunity of fixing first.  If they can't do it quickly, then get it done (I assume it's a security risk to keep open) elsewhere but make sure it's a fair price - you have to mitigate (reduce) your losses, so don't go to the Rolls Royce Garage when a local Indy would do.

B

Benstan,
I understand what you are saying and if you have the internal fortitude to go after these buggers then fine. Having been through it and seen the sort of games they play, for a grand, I wouldn't do it again.
I'm not sure denial of liability is normal course of events and I believe it's more a sign of things to come. Most dealers in my view will try to deny their responsibility. It's rife in the industry but also a reflection of how the majority operate.

If you're going to go after a dealer then your advice is excellent and to be commended.