BMW VT Issues

[mark1979]

Re: BMW VT Issues

Sending this customer.service@bmw.co.uk, ella.hendy@partner.bmwfin.com and jodimcdonald@sytner.co.uk - (I haven't mentioned the second set of documents being altered yet)

Dear Sir or Madam

I am forwarding the emails below to you (BMW UK and BMW Finance) so that you are aware of the practices of one of your agents.

As you can see, this matter has been ongoing for some time and I have not yet had any response at all from Sytner BMW (Oldbury), despite sending them two emails and making two trips to the dealership to discuss the matter.

I am now in possession of a written statement from the salesman who sold me the car. He remembers the events quite clearly as he did not work at BMW for very long and this was the first car that he sold whilst there. His recollection of the events surrounding this matter support my allegation that I was mis-sold the finance when I bought the vehicle.

Should I not receive a satisfactory and substantive response within 8 weeks (no later than July 4th 2016) then I will forward my case on to the Ombudsman without further notice.

Regards

---------- Forwarded message ----------
From: Mark
Date: 18 May 2016 at 16:47
Subject: BMW Finance Documents
To: jodimacdonald@sytner.co.uk


Jodi


Further to our discussion earlier, see attached document bundle which was sent to me by BMW finance.


As you can see, the DD mandate has clearly been amended, presumably my surname was spelled incorrectly, and it has been initialled "MM". It was not initialled by me however it was clearly initialled so as to have somebody believe it was initialled by me. Not only does it not look like my handwriting, but it has been done in different pen!!


I believe this needs to be added to my complaint as the basis of my issue relates to dishonesty and mis-selling and this just highlights that dishonest practices were certainly used at the time that I purchased this vehicle.


I trust this matter will be dealt with urgently.


Regards




---------- Forwarded message ----------
From: Mark
Date: 9 May 2016 at 11:07
Subject: Complaint
To: bmwwebenquiries@sytner.co.uk


Dear Sir or Madam


I bought a BMW 6 Series from BMW Oldbury in September/October 2014, registration BK64FYL.


When I purchased the vehicle, I was advised that there was a deposit contribution of £16,001 towards the car and that this was only available if I purchased the car via BMW Finance. I proceeded with the transaction and paid a further deposit of £10,000.


I have recently decided to explore my position regarding Voluntary Termination of the agreement and was advised by BMW finance that the deposit was only £6252.46. I believe some of my £10,000 deposit was taken up to pay off my part exchange as it was valued at less than the finance owing, however your £16,001 deposit contribution should also form part of this deposit.


I visited the dealership and spoke with a sales manager named Parv who showed me some of the documents relating to the purchase and explained that the £16,001 was discount not deposit contribution.


Obviously I disagree with this claim, especially as on all documentation that I have, it is shown as "Special Allowance" not "discount". When I pointed this out to Parv, his only explanation was that perhaps BMW do not like to use the word "discount".


It is my belief that I have been mis-sold the finance on this vehicle, as I had expressed the potential to pay in cash but ultimately took the finance due to the additional £16,000 savings being offered.


I await your prompt response.


Regards

[mark1979]

Re: BMW VT Issues

Oooh a prompt response from the dealership there...

Good morning Mr M,

I just wanted to apologise that you haven’t received a response as yet but this is just a short email to confirm that your complaint and all the relevant documentation has been sent to our head office, along with the paperwork from the Dealership.

This will all be processed together shortly, then someone will revert to you accordingly.

Kind regards

[R0b]

Re: BMW VT Issues

Sounds a bit more promising, let's wait and see, just make a note in your diary if you have not heard anything within the 8 weeks, then I would just simply make your complaint to the Ombudsman.

[mark1979]

Re: BMW VT Issues

Is it 8 weeks from my initial email on May 9th or 8 weeks from today?

[R0b]

Re: BMW VT Issues

8 weeks from the date of your complaint, although the email does state that they have forwarded the information to BMW so they would have been made aware n the last 3 weeks. I would still complain if nothing received after 8 weeks of initial complaint.

[mark1979]

Re: BMW VT Issues

Sytner Finance have now acknowledged my complaint and have said that they will provide a full response no later than July 4th. They have also provided details of the Ombudsman service should I not be happy with the outcome

[R0b]

Re: BMW VT Issues

Well, its a start anyway, what date did you first complain?

[mark1979]

Re: BMW VT Issues

Not sure when I first went into the dealership but my first email was May 9th. I went into the dealership about 10 days prior to sending that email.

[mark1979]

Re: BMW VT Issues

Had a final response from Sytner BMW. Basically rejecting my claims of being missold to.

I will email the document to Kati to post up.

[Kati]

Re: BMW VT Issues

[MENTION=71570]R0b[/MENTION]

[R0b]

Re: BMW VT Issues

Thanks Kati, I'll take a look later today

[R0b]

Re: BMW VT Issues

Hi Mark,

I've taken a proper look and from what I can see it does look above board, they have discounted the car as opposed to an actual deposit contribution so I am afraid you are stuck until pretty much the end of the agreement. I calculate 43 months before you can actually VT.

Is there any reason why you decided to carry the finance over and not VT the previous car then take out new finance?

[mark1979]

Re: BMW VT Issues

Cheers Rob, not what I wanted to hear but hey ho. I hoped the miss-selling issue might have given me something to go on.

Is it worth me trying the FOS anyway? I do have a written statement from the salesman who confirms that they told me I had to take the finance in order to get the deposit contribution which they now say is a discount.

[R0b]

Re: BMW VT Issues

You could do, If you have a written statement from the salesman on that basis saying the finance would give a deposit contribution and they have applied a discount instead, then yes perhaps there are arguments for misrepresentation if you relied on that statement made to enter into the contract and that information is incorrect.

The FOS route will of course be much cheaper than going through the courts but I guess it will go on the meaning of deposit and whether the FOS believes that means the same thing as discount. In the finance world of cars, you could argue that it does not because a deposit is essentially a pledge of money towards the total credit which affects how much you pay overall and when you can VT whereas a discount does not.

[mark1979]

Re: BMW VT Issues

I'll give that a try. I think its a grey area that they show it as a "Special Allowance" on the invoice and order form but then say "Discount" on the finance doc.