[OzX3M40i]

Update..... After 3 weeks still no fix to the screeching noise😡. My car has been at Macarthur BMW for the past 3 weeks. Here comes the long winded version, sorry for the length, but here is a cut and paste from initial emails.

Unfortunately, My son is also highly allergic to any chemicals, fragrances and mould, as it affects him neurologically and causes brain inflammation. This is of the utmost importance and the reason why we need to replace our cars on a annual basis. My son needs monthly iv treatment at a children’s hospital to try and stop this chemical inflammation occurring.During my first visit for service, this was clearly stressed to the service advisor.

I then receive a phone call from a friend, who asks why my car was parked at Campbelltown McDonalds last weekend, considering I live over 100kms away. I then check my bmw connected app last night and find that not only had it been to McDonald’s at Campbelltown, but it was also parked at Macarthur shopping centre, Eagle Vale McDonalds and now has an astonishing 181 km on the odometer, since I dropped it off.

I am absolutely furious, so I spoke with The service manager this morning and passed this information to him. He calls me back at the close of Business today, and confirms the above had occurred. He states that a mechanic had taken the vehicle home for 3 nights over the weekend for ‘testing’. Now bearing in mind that this noise will only occur during the first 5 minutes of driving and will not repeat until the next morning or many hours of cool down. He decided to take his wife and daughter for a joyride, a feed and visit the shopping center.

It was also left unlocked and with the drivers window down whilst parked inside the service center. Once again, the chemicals used in a service area are extremely detrimental to his health for the above reasons. Any chemicals which include fragrances and perfumes attach into every porous surface on the inside of the vehicle, including carpet, headlining, leather seats and dashboard, but unfortunately cannot be removed. The reason why no chemicals are ever used to detail our new cars.

My vehicle and my trust have been disrespected. My sons health is paramount and there are too many variables to now have him enter the car again. He can’t go to school for this reason.

The GM, Jorge Lamas, was emailed and he thought that this totally acceptable. He then proceeded to tell me how well i had been looked after with a loan vehicle 1 week earlier than scheduled.

Any thoughts or suggestions???

[MechX3M40i]

Taking the car out for a test ride is legit. Using your car to run personal errands or performing personal business (shopping, dining) is not!

If you have not given them explicit consent to use your car freely (did you sign any paper?) then you should have a case to complain further. Putting an unreasonable amount of mileage on your odometer (beyond what's needed for testing) depreciate the value of your car, and is a form of theft. You should go higher on the chain and demand compensation, or at a bare minimum, an apology.

I recalled seeing a local TV station talking about similar story on TV and forced the dealership to finally make amend, after they had been stonewalling their customers and ignored their complaints.

[SROC3]

Wow. Well, first off, that's terrible. 180Km's worth of "testing" is ridiculous. And giving you a loaner, earlier than scheduled, is not "taking care of you". That's very disappointing to hear, especially from a GM. I would definitely bring this higher up and email BMW corporate and see what they can do for you. Note, however, that despite your son's condition, they likely will not be liable for it - and will fight you on that fact. I would lightly touch on it but not use that as a focal point of your argument. They can easily argue, as terrible as that might sound, that they had no prior knowledge of your son's condition, etc, etc.... It always angers me when I hear stories of how the techs do this - takng joy rides in clients' cars. I'm sure most of them are harmless, but some take it too far. I personally had some ding-dong "curb" my car and throw off the alignment...and of course tried to blame it on me. "oh the customer brought it in like that."

Anyway, good luck with your communication to the higher-ups. Do it and do it well. They ALL need to be checked sometimes and know that the clients do come first.

[pskdude]

This is grounds for an attorney! Jesus I would be so mad.

[LostX]

I would talk to a lawyer. Sounds like bullshit.

[spangle1980]

Go to local TV station - saw something like this in UK with Mercedes. They need bad press.

[ParadigmDawg]

Horrible story, I hope you get relief.

I guess I should be thankful for my dealer. I took mine in for it's first service last week. I texted the service manager and asked him to get me a X5 or a 5 series sedan so I could see if I like the 5 series more.

When I arrived for my appointment, the little girl that was in charge of the loaners stated all she had was a 3 series or a X3. I took the base model X3 and wasn't too concerned about it. I was surprised how much slower the X3 was than the M40.

While at lunch with a friend, I texted the service manager again and told him that I was surprised that all they had was a X3 since I discussed this with him. He texted back and asked where I was and how long I would be there.

30 minutes later he walked into the restaurant and handed me keys to a 530i and took the X3 keys from me.

The 530i wasn't at all impressive in either power or refinement but the dealership service was great.

[bmtespar]

Before you contact an attorney, I would suggest getting bmw corporate involved. You can call customer service and report these same things. They will then look into the matter and make the dealership make this right. If no luck there, then an attorney may be the last resort. Sorry you are experiencing these issues. Be sure to screen shot and document as much as you can in the meantime.

[teaston]

I would take this to the top if I was you, directly to BMW Australia, making sure to CC in the dealer principle on any emails to them.

Here’s all their contact details and facebook/twitter accounts:

https://www.bmw.com.au/en/ssl/contact-us.html

[DigiSage]

OzX3M40i, I highly encourage you to post this story far and wide. This dealer absolutely deserves to have their reputation destroyed for this transgression. It is utterly inexcusable and they should not be allowed to sell anything, let alone luxury German automobiles. If you need any tips on maximizing your messages reach and potential for damaging their reputation, feel free to PM me.

[MediaMan]

Use local TV and papers to highlight your plight. The unauthorised use is simply unacceptable and really indefensible.

Guess you are not on Twitter - would go viral.

What would have happened had the mechanic had totalled it? Are they replacing your fuel they've stolen?

Mechanic should be disciplined as it's gross misconduct, the dealer publicly shamed.

Read:
https://www.mirror.co.uk/news/uk-new...arage-10748940
https://www.mirror.co.uk/news/uk-new...s-car-13114060
https://www.reddit.com/r/legaladvice...ride_to_a_bar/
https://www.dailymail.co.uk/news/art...-got-back.html

[yllwwgn]

OP... soooo sorry you’re going thru this, and like everyone above has already stated, for sure get BMW corporate involved. You should call them and trust me you WILL get someone on the phone to escalate this. Secondly, I would do whatever you can to document all of this, which sounds like already have, and have it available for any attorney or legal counsel.
Lastly, like you said, your child’s health is priority NUMBER ONE, and I totally agree every interaction involving this nonsense with the dealer should be approached from that perspective. Don’t waver, stand your ground, and escalate this as high up as you feel is warranted.
Best of luck, and continued success in your family’s health struggles!

[nvestr]

Yeah, I would not be happy based on the mileage and breach of trust for the joyriding alone. The chemical part would certainly add a whole other level of frustration. Sorry it's happened to you. Keep us posted on the situation.

[AndroidRobot]

Originally Posted by ParadigmDawg

Horrible story, I hope you get relief.

I guess I should be thankful for my dealer. I took mine in for it's first service last week. I texted the service manager and asked him to get me a X5 or a 5 series sedan so I could see if I like the 5 series more.

When I arrived for my appointment, the little girl that was in charge of the loaners stated all she had was a 3 series or a X3. I took the base model X3 and wasn't too concerned about it. I was surprised how much slower the X3 was than the M40.

While at lunch with a friend, I texted the service manager again and told him that I was surprised that all they had was a X3 since I discussed this with him. He texted back and asked where I was and how long I would be there.

30 minutes later he walked into the restaurant and handed me keys to a 530i and took the X3 keys from me.

The 530i wasn't at all impressive in either power or refinement but the dealership service was great.

Which dealer do you use in the DFW area?

[Deliberate2]

Attorney here. In the US, it can be considered a felony (elevated crime) for an individual to take, control or operate a vehicle without the consent of the owner. A fair reading of these laws would surely permit the service department to operate the vehicle in a fashion reasonable for the purpose of diagnosing a problem, or testing after repairs are completed. Your story, as presented, arguably exceeds the implicit permission you gave to the dealer.
Furthermore, the concept of respondeat superior could make the dealership vicariously liable for the unauthorized activities of its employees, in the event that it claims immunity through ignorance. Not sure how all of this plays out in your neck of the woods, but I suspect there are parallel concepts downunder. After all, your common law, as in the US, has its roots in British legal precedence.
I also share the observations of others regarding the ancillary issues relating to your son's unfortunate medical condition and your need for extreme caution to avoid chemical exposure. I see no legal liability for a circumstance unknown to the dealership, especially one that might be regarded as largely unavoidable in a service center setting. I surely hope that your boy suffered no ill effects, and you have shared none. That said, anyone with a child who has such a malady can surely sympathize with you for this further aggravation and concern.
As I tell everyone to whom I offer "curbside" legal observations, you are best served by discussing this issue with local counsel.
Wish you well.

[bmwgrande]

I'm sorry, that sucks man. I'd follow the advice of Deliberate2 above and think about lawyering up.

[shoptb]

OP - I'm so sorry to hear about your situation. This is unacceptable - completely and totally.

Contact BMW Corporate before going to the media or an attorney. Give them a chance to make it right.

[OzX3M40i]

Thanks so much to everyone for their advice, it’s very much appreciated.

I have told the GM, Jorge Lomas, of Macarthur BMW, that I will not be able to accept the vehicle back and that we will need to come to a suitable arrangement for a new vehicle. He agreed and would organise a changeover price.

He got back to me with a $15000 Australian dollar ($11,000 USD) changeover for my 4 month old X3. He quoted me the exact price which I paid for a new X3. Then offered me $15,000 less for a trade in on my screeching noise X3, which they can’t fix.

Just when I think the dealership could not insult me any further.... they have😡

He even told me that the trade was in was at $18,000 less and they had increased it by $3000 to arrive at only $15,000

It would appear that the even the GM of Macarthur BMW has just treated this as a further money making exercise at my expense.

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

Thanks once again for your support and advice.

[MechX3M40i]

This dealership just added additional insult to your injury!

If I were in your shoes, I would not let this dealership get away with 'theft' (driving your car without consent) without consequence. Publicize your ordeal and let them pay for your loss with their reputation.

Tell BMW corporate that if they don't make you whole, you will publicize the whole thing, and then take legal action to recoup your financial loss. But give them a chance to do the right thing first.

Again, you have our sympathy for having to go through this BS...

[ParadigmDawg]

Originally Posted by AndroidRobot

Which dealer do you use in the DFW area?

AutoBahn. My sales rep has been with me for years. He moves around every couple of years so I always end up with a different make...lol...

So far I have bought 3 Audis, 2 Mercedes and 1 Bimmer from him.

[XGoober]

Wow. OP - if given the opportunity I would request BMW to force your dealer to buy back the car at original value. Then go elsewhere. That is assuming you have alternate dealers to shop with.

Completely unacceptable behavior, clearly derived from the type of leadership this GM likely exercises.

[AndroidRobot]

Originally Posted by ParadigmDawg

AutoBahn. My sales rep has been with me for years. He moves around every couple of years so I always end up with a different make...lol...

So far I have bought 3 Audis, 2 Mercedes and 1 Bimmer from him.

Nice, I wish I had a good CA to go through when getting new vehicles. Everytime I buy something it's a crap shoot