[Deliberate2]

Mate, attorney here again.
When I get a call about a consumer issue of this kind, I typically refer the person to the appropriate consumer agency which can bring the full weight of state resources to bear in a case that warrants it. It strikes me that this is a reasonable option given the multi-faceted nature of your dispute. With respect, BMW is not likely to be intimidated by you, even if you are represented. And how, precisely, would you calculate your monetary loss, at least with respect to the joy ride issue.
You could also approach the consumer agency with the concern that this apparent misuse of your car may not be a one-off. Indeed, there may be other similar complaints which the agency could research. If you capture their interest, as an issue of public concern, the agency could request service records that document the in and out mileage data for cars brought in for service. Here in the States, this data is stated on the service record.
As I think of it, check your record to see if the in and out mileage on the service summary is consistent with what you know to be the actual distance traveled while in the dealer's hands. If they do not match up, if the service record shows fewer miles traveled while in their possession, then the dealership should be put to explaining the discrepancy.
You may also wish to write the dealership, in a calm and professional manner, to memorialize your concerns and lack of resolution. A letter specifically asking the dealer to explain the excessive mileage and extracurricular use of your car will commit it to a narrative. And their silence would speak volumes as well. Again, as always, check with local counsel so as not to run afoul of any procedural or substantive issues that may be completely invisible to me.
Hope this helps.
Best.
D2

https://www.accc.gov.au/consumers/co...-consumer-help

[LostX]

Any update?

[OzX3M40i]

After chasing BMW head office Australia for the past week, they did not even bother replying until I sent this email.

I am growing increasingly frustrated, angry and disappointed with the misuse of my vehicle, lack of communication and lost time in my $100,000 car. I feel that this is extremely poor customer service from such a premium brand. This has caused much damage to the BMW brand and will not be tolerated.

As previously stated to you in my complaint made on the 12th of December. All email correspondence was emailed to you on this day and I was told to expect an update within 48 hour and still no reply, despite my 2 requests, over the past week.

The facts are:
- my X3 was dropped off at MacArthur BMW on the 22nd of November, for a major warranty concerning an extremely high pitched screeching noise, ONLY when cold. This was almost 4 weeks ago.

- my X3 was subsequently taken home by a mechanic for 181km weekend joyride, with his wife and daughter, with registered visits at 2 different McDonalds and parked a local shopping centre over the weekend. The GM, Jorge Lamas, and Service Manager were immediately notified and questioned via phone and email. This weekend joyride was done without my consent and with no plausible reason.

- this created a violation of my cars interior. Due to my sons neurological condition which is greatly affected by chemicals/perfumes, the GM acknowledged that the mechanic was not aware of this, despite the service advisor being told about the severity and importance of my sons condition.

- The GM, agreed that my son’s health should not be placed at risk due to this weekend joyride. I told him I would need a new replacement vehicle. He offered to sell me the exact same car at the exact same price, which I paid. He then offered me $15,000 less trade in on my 4 month old X3. This would result in me being out of pocket for $15,000 for THEIR mistake and misuse of my vehicle. The offer was declined, and the GM was notified on the 12th of December. The GM did not reply.

- I have asked to be kept updated of the warranty issue and have heard nothing from MacArthur BMW for the past week. My vehicle is still being driven, according to my app tracking.

This is totally unacceptable and I will be requesting a full investigation.

I have made it very clear to yourself and the GM of BMW MacArthur of my expectations and resolution.

If I don’t hear from you by tomorrow 5pm, on the 19th of December, 2018, I will be proceeding with filing a complaint with the ACCC, legal action and public awareness.

[OzX3M40i]

I then receive this reply from BMW head office Australia several hours later....

Thank you for your emails.

As discussed, we have made contact with the dealership regarding the concerns you have generously outlined.
As previously mentioned on our phone discussion, unfortunately as a manufacture we do not have the executive ability to change outcomes in such cases. As you had described, Jorge has been in communications with you attempting to find a solution. We had emailed him outlining the concerns however this is where our operation is limited. Please feel free to continue discussing with Jorge regarding. He is aware we are aware.

Further to this, we will be passing on your concerns as feedback for our dealership development team so we can review process' and practices.
We do regret we were unable to provide better outcomes as a manufacture but do hope a solution is found shortly.

Kind Regards,
Cairo


Any further thoughts anyone?

[RichM50d]

Originally Posted by OzX3M40i

I then receive this reply from BMW head office Australia several hours later....

Thank you for your emails.

As discussed, we have made contact with the dealership regarding the concerns you have generously outlined.
As previously mentioned on our phone discussion, unfortunately as a manufacture we do not have the executive ability to change outcomes in such cases. As you had described, Jorge has been in communications with you attempting to find a solution. We had emailed him outlining the concerns however this is where our operation is limited. Please feel free to continue discussing with Jorge regarding. He is aware we are aware.

Further to this, we will be passing on your concerns as feedback for our dealership development team so we can review process' and practices.
We do regret we were unable to provide better outcomes as a manufacture but do hope a solution is found shortly.

Kind Regards,
Cairo


Any further thoughts anyone?

Your issue is with your dealer, not BMW. What do you want/ expect BMW to do?

[DigiSage]

Originally Posted by RichM50d

Your issue is with your dealer, not BMW. What do you want/ expect BMW to do?

BMW has the power to lean on their financial relationship with the dealer. Not that they would necessarily do that, but they could.

[KapwnieIsland]

Originally Posted by RichM50d

Your issue is with your dealer, not BMW. What do you want/ expect BMW to do?

Given that this is brand reputational damage I’d be expecting BMW Corporate to remedy this. I recently had a not quite as terrible but equally frustrating experience with a courtesy car being subject to a speeding fine when I was not in possession of the car, and subsequently fined for the privilege. I’ve since had to appeal the fine and hoping to avoid any Magistrates court appearances in the new year.

I’d definitely say that there are grounds for not the ACCC but your state based fair trading / consumer protection agency. For example, in Victoria that would be Consumer Affairs Victoria. Furthermore, under consumer law, there are implied warranties for fitness of product that may apply in this circumstance. IANAL but I can review some of my old notes (classically trained as a Lawyer) to shed some light.

First stop should most definitely be your State based consumer protection agency. They have serious teeth when it comes to this stuff. (Sorry, unsure where MacArthur is!)

[KapwnieIsland]

Failing all of this, also consider going scorched earth and posting on all their Social media channels and any review of any BMW on drive.com.au / other review sites...

[PerthBMW]

Hi

Very sorry to hear of your situation and I trust no harm comes to your child, who after all, should be everyone's priority in this stupid fiasco.

May I respectfully suggest you do what everyone else in Australia seems to do when it comes to dealing with D*ckheads at car dealerships, go speak with Channel 9 for "Current Affair" or Channel 7 for "Today Tonight" investigative programs. They seem to love running stories on Aussie battlers getting pushed around by big corporate thugs.

You need to be prepared for your child to be exploited a bit as that will be the core emotional tool the media will use to get a result. They will love to air that a service technician took your car for a 181 KM weekend getaway.

Failing that create a Go Fund Me page to raise the additional $15,000 - people seem to do them for anything these days and raise bucket loads.

Best of luck and best wishes for your child.

[RichM50d]

Originally Posted by KapwnieIsland

Given that this is brand reputational damage I’d be expecting BMW Corporate to remedy this. I recently had a not quite as terrible but equally frustrating experience with a courtesy car being subject to a speeding fine when I was not in possession of the car, and subsequently fined for the privilege. I’ve since had to appeal the fine and hoping to avoid any Magistrates court appearances in the new year.

I’d definitely say that there are grounds for not the ACCC but your state based fair trading / consumer protection agency. For example, in Victoria that would be Consumer Affairs Victoria. Furthermore, under consumer law, there are implied warranties for fitness of product that may apply in this circumstance. IANAL but I can review some of my old notes (classically trained as a Lawyer) to shed some light.

First stop should most definitely be your State based consumer protection agency. They have serious teeth when it comes to this stuff. (Sorry, unsure where MacArthur is!)

Nope, it’s still a dealer issue. This is not BMW’s issue.

I think the way the dealer has acted is appalling, and I wouldn’t hesitate in taking action against them, if I was the OP. I’d be pushing for the vehicle to be replaced.

[SROC3]

Originally Posted by RichM50d

Nope, it’s still a dealer issue. This is not BMW’s issue.

I think the way the dealer has acted is appalling, and I wouldn’t hesitate in taking action against them, if I was the OP. I’d be pushing for the vehicle to be replaced.

100% THIS.

Dealer at fault. Replacement of car is the only proper course of action. A clean swap with no additional fees. Sad thing is car dealers being car dealers - they will push for whatever gives them the most profit, regardless of the situation. Personally, I would push back until they give in.

[dan321]

Originally Posted by OzX3M40i

I declined the offer and have lodged a complaint with BMW corporate. They will get back to me within 48 hours.

.

Taking the devil's point of view....

My guess is your dealer will claim that in order to find an intermittent problem a tech has to use the car as a daily driver and they do that all time for intermittent problems and also claim that the service form you signed lets them do that.

So I think you are at a point where you won't get anything without paying a lawyer and spending a lot of your time and you still might only get the deprecated value of your car, probably minus the cost of your lawyer.... if you can find a lawyer who is willing to take on a case like this.

I think discretion is the better part of valor...

I think you should go back to the dealer and offer $4000 for the exchange and go back and forth. If that doesn't get you something more reasonable than $15000 then just ask the dealer to just give you $15000 or $10000 or whatever you think it will cost to have the car's interior remediated.

It's just that I think there is zero chance of you doing an exchange for zero cost, though I wish you luck and hope you do. I think you are at the point where all you do is minimize the cost of exchanging the car.

Just my thoughts, please don't shoot the messenger