Euroopean Breakdown have killed my engine :(
#42
Unfortunately Jim mate I think you'll have your work cut out trying to get anywhere with this. That said though I really hop eyou do get something back as too many people lie down and take it on the chin which is why people think they can get away with this sort of thing.
Good luck with it mate
Good luck with it mate
#43
Nightmare...
Hit them with enough technicalities and call up enough on their jobsworth practices you might get a courtesy payout of some sort, but as said they will never admit liability, pertains to much more than just paying for your engine if they did IMO.
Hit them with enough technicalities and call up enough on their jobsworth practices you might get a courtesy payout of some sort, but as said they will never admit liability, pertains to much more than just paying for your engine if they did IMO.
#44
Think about it before you make the claim.
Facts are, engine developed a noise, you and a few mates (anyone there who is a professional mechanic?) self diagnose it at the side of the road as a non serious engine fault yet decide to call break-down anyway.
Break-down turns up to collect a car making an engine noise, take it to a BMW main dealer. The dealer advises the engine needs replacement.
You get the car delivered back home and your not happy because the engine is making a noise and needs replacement?
The break-down company will just say it must have happened at the dealership (which it probably did.)
You'll seriously get no joy with a claim like that, discrepancies in types of noise will cut no ice, especially if the BMW dealer has said it's shot. Be fair, if you were the judge in this case, you wouldn't pay out in your favour, would you?
In my opinion, your best off just breaking the car. If you put a 2nd hand engine in (1000-1500 plus fitting), you won't know how good it is, there is a chance the same thing could happen again (especially on track).
Bottom end failure is common, I bought an M3 cheap with a shot engine and put a new one in. Was shitting bricks about it letting go again, massive bill when they do go.
Facts are, engine developed a noise, you and a few mates (anyone there who is a professional mechanic?) self diagnose it at the side of the road as a non serious engine fault yet decide to call break-down anyway.
Break-down turns up to collect a car making an engine noise, take it to a BMW main dealer. The dealer advises the engine needs replacement.
You get the car delivered back home and your not happy because the engine is making a noise and needs replacement?
The break-down company will just say it must have happened at the dealership (which it probably did.)
You'll seriously get no joy with a claim like that, discrepancies in types of noise will cut no ice, especially if the BMW dealer has said it's shot. Be fair, if you were the judge in this case, you wouldn't pay out in your favour, would you?
In my opinion, your best off just breaking the car. If you put a 2nd hand engine in (1000-1500 plus fitting), you won't know how good it is, there is a chance the same thing could happen again (especially on track).
Bottom end failure is common, I bought an M3 cheap with a shot engine and put a new one in. Was shitting bricks about it letting go again, massive bill when they do go.
#45
he has a recovery note of the car having sticking tappet hence it was recovered,, dealer quoted was " needs new engine" for a car from another country that is 15 years old,,,,,, most dealerships will not want to get involved with the car being there as its clear its not gonna be done,,,,, NOW the car as not oil and no oil pressure,,,,, this was not a issue with the car when it stopped working
now it may be a long shot,,,,, but reality is IT WASNT LIKE THIS WHEN HE LEFT THE CAR,,,,, would you REALLY accept if you dropped your car off for work,,,,, and it came back WORSE than the issue it was left in ????
now it may be a long shot,,,,, but reality is IT WASNT LIKE THIS WHEN HE LEFT THE CAR,,,,, would you REALLY accept if you dropped your car off for work,,,,, and it came back WORSE than the issue it was left in ????
#47
Seems a bit steep! Almost like a "fuck off we don't want to get involved" price.
Thankfully, there's loads of smashed up M3's in the UK alone so finding a half decent engine at a reasonable price shouldn't be too difficult. Try www.fabdirect.com for starters
Last edited by Rich_w; 14-06-2010 at 10:11 PM.
#49
As much as I advocate litigation, especially through the small claims court ... looking at the facts, chances are with this you're totally wasting your time and just throwing good money after bad.
Road side diagnosis which clearly was wrong as your car doesn't contain the component identified as being faulty compared with a "proper" diagnosis at a BMW main dealership. Which one do you think a judge is going to give higher credence?
Has an accurate and independent diagnosis of the engine problem been made yet? If so, what is wrong with it?
Road side diagnosis which clearly was wrong as your car doesn't contain the component identified as being faulty compared with a "proper" diagnosis at a BMW main dealership. Which one do you think a judge is going to give higher credence?
Has an accurate and independent diagnosis of the engine problem been made yet? If so, what is wrong with it?
#50
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From: chorleywood
bad luck there jim i would be fuming too
think i need to buy a recovery lorry and park up at the ring should make a nice living brings cars back plus cheap fags/booze
think i need to buy a recovery lorry and park up at the ring should make a nice living brings cars back plus cheap fags/booze
#51
To me you have no chance, garage states new engine before leaving and it needs one now. What I’d want to know is how it got in the state it is, i.e. were you MEGA lucky and stopped it right at the point of no return and BMW turned it over and somehow did all that damage. Even so, it was fucked anyway.
#53
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From: Ramsgate, Kent Drives: E39 530D Touring
In my opinion, your best off just breaking the car. If you put a 2nd hand engine in (1000-1500 plus fitting), you won't know how good it is, there is a chance the same thing could happen again (especially on track).
what advantage would i gain from buying a different car?
if the outcome i'm looking for is to own an E36 M3 that is semi-solid, and not to own a 1.2 fiesta or take busses everywhere, what do you genuinely see as being the most sensible course of action?
remember as well that other than the now extinct engine there isnt anything else actually wrong with the car, its not even rusty!
[Disclaimer: Other than it needing a new set of rear discs/pads in the next 6-12months but those are service items]
ive been in this situation with my old yellow one, weighed up all the options and taken the exact same course of action and never regretted it. (this is before paul drove it into a wall )
i am however dissapointed that from a financial standpoint on initial outlay the car has now gone from being a complete bargain to perhaps 1k over the going rate for the car. And to be honest that isnt really a big deal either as it still fits neatly within my budget. I've always agreed wholeheartedly with the saying "be prepared to buy it twice" when it comes to buying old performance cars, just this normally applies to cossies not M3s... lol
Last edited by Jim Galbally; 15-06-2010 at 09:32 AM.
#54
LMAO @ ginge diagnosing a faulty tappit and then it turns out they are on solids.
Yeah, going to hold up well in court that is
As per above, the BMW dealership said it needed a new engine, and it still does, so from a courts point of view nothing has changed.
"My clueless mate said it sounded different" isnt exactly the strongest case to argue
You would literally get laughed out of court.
It would go like this:
Judge : So what did the first garage to see the car say?
You : that it needed a new engine, as this one was shot
Judge : and what did the last garage to see the car say?
You : that it needed a new engine, as this one was shot
Judge: And presumably you want compensating for the engine not fixing itself in transit by magic while the recovery firm had it?
Seriously mate, you have fucking NO chance!
Yeah, going to hold up well in court that is
As per above, the BMW dealership said it needed a new engine, and it still does, so from a courts point of view nothing has changed.
"My clueless mate said it sounded different" isnt exactly the strongest case to argue
You would literally get laughed out of court.
It would go like this:
Judge : So what did the first garage to see the car say?
You : that it needed a new engine, as this one was shot
Judge : and what did the last garage to see the car say?
You : that it needed a new engine, as this one was shot
Judge: And presumably you want compensating for the engine not fixing itself in transit by magic while the recovery firm had it?
Seriously mate, you have fucking NO chance!
Last edited by Chip; 15-06-2010 at 11:22 AM.
#57
LMAO @ ginge diagnosing a faulty tappit and then it turns out they are on solids.
Yeah, going to hold up well in court that is
As per above, the BMW dealership said it needed a new engine, and it still does, so from a courts point of view nothing has changed.
"My clueless mate said it sounded different" isnt exactly the strongest case to argue
You would literally get laughed out of court.
It would go like this:
Judge : So what did the first garage to see the car say?
You : that it needed a new engine, as this one was shot
Judge : and what did the last garage to see the car say?
You : that it needed a new engine, as this one was shot
Judge: And presumably you want compensating for the engine not fixing itself in transit by magic while the recovery firm had it?
Seriously mate, you have fucking NO chance!
Yeah, going to hold up well in court that is
As per above, the BMW dealership said it needed a new engine, and it still does, so from a courts point of view nothing has changed.
"My clueless mate said it sounded different" isnt exactly the strongest case to argue
You would literally get laughed out of court.
It would go like this:
Judge : So what did the first garage to see the car say?
You : that it needed a new engine, as this one was shot
Judge : and what did the last garage to see the car say?
You : that it needed a new engine, as this one was shot
Judge: And presumably you want compensating for the engine not fixing itself in transit by magic while the recovery firm had it?
Seriously mate, you have fucking NO chance!
A guy here had his car impounded (like Hamilton did) and it came back with some scratches/scuffs etc. Claims of photos with dates etc on and taking the impound lot to court as they refuse to admit liability but in the eyes of the law, he stuffed up, had his car impounded and now wants to claim 200quid's worth of damage. It is sadly one of those cases where even if it gets to court, a judge would never rule in his favour considering what he was doing in the first place to get the car impounded!
Disclaimer - Case illustrated has no relevance to yours except to cop on the chin as proving is going to be very hard, costly and likely to end up costing you more than just your time.
#58
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From: Manchester
now as to why there is no oil, have you considered the dealership would have drained it out to check on its condition and to see if there were any metal fragments in it which may be causing the problem?
The engine may also be making a different noise now as things have cooled down. Let me use when I dropped a piston from the CVH a few years back.... When warm it was a clatter clatter clatter noise that sounded terminal, but it run reasonably considering what was wrong and managed to get up onto the spec lift under its own steam. 4 hours later, after it had been dragged back home it didnt have enough power in the engine to get off the spec lift, same 1 piston missing, same 1 spark plug mullered but it sounded a LOT worse!
Im normally the sort of person who fights for the consumer, however in this case from what I have read, and I dont know the exact facts but it is one of those where you simply dont have a cat in hells chance of winning, I hope im wrong if you persue it but to me it seams unlikely
The engine may also be making a different noise now as things have cooled down. Let me use when I dropped a piston from the CVH a few years back.... When warm it was a clatter clatter clatter noise that sounded terminal, but it run reasonably considering what was wrong and managed to get up onto the spec lift under its own steam. 4 hours later, after it had been dragged back home it didnt have enough power in the engine to get off the spec lift, same 1 piston missing, same 1 spark plug mullered but it sounded a LOT worse!
Im normally the sort of person who fights for the consumer, however in this case from what I have read, and I dont know the exact facts but it is one of those where you simply dont have a cat in hells chance of winning, I hope im wrong if you persue it but to me it seams unlikely
#60
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From: Ramsgate, Kent Drives: E39 530D Touring
chip, agreed IF they take that argument it's for me.
still, lets just see what the response to the complaint is. pm me your email addy and i'll forward you a copy if youre interested
still, lets just see what the response to the complaint is. pm me your email addy and i'll forward you a copy if youre interested
#65
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From: Ramsgate, Kent Drives: E39 530D Touring
Well at this point all im doing is lodging a formal complaint on 2 cases
1) terrible customer service
2) damage done to veichle whilst in their care
not really sure what best case is to be honest, probably a weeks free breakdown cover
and Benni, what do you mean throwing any more money at this? all ive done is written an email to the customer services department not launched a high court legal action
1) terrible customer service
2) damage done to veichle whilst in their care
not really sure what best case is to be honest, probably a weeks free breakdown cover
and Benni, what do you mean throwing any more money at this? all ive done is written an email to the customer services department not launched a high court legal action
#66
Well at this point all im doing is lodging a formal complaint on 2 cases
1) terrible customer service
2) damage done to veichle whilst in their care
not really sure what best case is to be honest, probably a weeks free breakdown cover
and Benni, what do you mean throwing any more money at this? all ive done is written an email to the customer services department not launched a high court legal action
1) terrible customer service
2) damage done to veichle whilst in their care
not really sure what best case is to be honest, probably a weeks free breakdown cover
and Benni, what do you mean throwing any more money at this? all ive done is written an email to the customer services department not launched a high court legal action
Benni.
#67
fucking clueless mate...... sorry chip but i dont get that,,,,, i can fucking diagnose most faults on a car based on where the noise is coming from,,,,,, im not fucking def or a fucking moron,,,,, i work in the fucking car game and i get paid quite well to for a moron who knows nothing and have been asked to work at a few companys,,,,,, must be a fucking lucky moron IMO that ive been in the game 5 years and yet to be sacked for not having a clue
#68
i fucking know there solid lifters in a fucking m3,,,,,,, i got fucking solid lifters in my fucking impreza so i know what solid lifters are,,,,,,, but you also are aware that they still make noise when fucking or there gaps are wrong yes ????
fucking clueless mate...... sorry chip but i dont get that,,,,, i can fucking diagnose most faults on a car based on where the noise is coming from,,,,,, im not fucking def or a fucking moron,,,,, i work in the fucking car game and i get paid quite well to for a moron who knows nothing and have been asked to work at a few companys,,,,,, must be a fucking lucky moron IMO that ive been in the game 5 years and yet to be sacked for not having a clue
fucking clueless mate...... sorry chip but i dont get that,,,,, i can fucking diagnose most faults on a car based on where the noise is coming from,,,,,, im not fucking def or a fucking moron,,,,, i work in the fucking car game and i get paid quite well to for a moron who knows nothing and have been asked to work at a few companys,,,,,, must be a fucking lucky moron IMO that ive been in the game 5 years and yet to be sacked for not having a clue
Last edited by EIL132; 16-06-2010 at 01:08 AM.
#69
i fucking know there solid lifters in a fucking m3,,,,,,, i got fucking solid lifters in my fucking impreza so i know what solid lifters are,,,,,,, but you also are aware that they still make noise when fucking or there gaps are wrong yes ????
fucking clueless mate...... sorry chip but i dont get that,,,,, i can fucking diagnose most faults on a car based on where the noise is coming from,,,,,, im not fucking def or a fucking moron,,,,, i work in the fucking car game and i get paid quite well to for a moron who knows nothing and have been asked to work at a few companys,,,,,, must be a fucking lucky moron IMO that ive been in the game 5 years and yet to be sacked for not having a clue
fucking clueless mate...... sorry chip but i dont get that,,,,, i can fucking diagnose most faults on a car based on where the noise is coming from,,,,,, im not fucking def or a fucking moron,,,,, i work in the fucking car game and i get paid quite well to for a moron who knows nothing and have been asked to work at a few companys,,,,,, must be a fucking lucky moron IMO that ive been in the game 5 years and yet to be sacked for not having a clue
Trust me, it wont be a solid lifter that has suddenly worn out in 100 miles that sounded fine when he came off the tunnel.
#71
Chip you are starting to get on my tits with your attitude towards me,, so ill save the next comment for the next time i see you OR you have another cheeky comment in my direction and shall sort it out then
#72
Ginge I can sum up my opinion of you:
I like you a lot, but I have utterly no faith in your 'knowledge'
so I think you make a laughable "expert witness" for jim to be calling upon
nothing more to it than that mate!
I like you a lot, but I have utterly no faith in your 'knowledge'
so I think you make a laughable "expert witness" for jim to be calling upon
nothing more to it than that mate!
Last edited by Chip; 16-06-2010 at 09:11 PM.
#75
#77
#78
i fucking know there solid lifters in a fucking m3,,,,,,, i got fucking solid lifters in my fucking impreza so i know what solid lifters are,,,,,,, but you also are aware that they still make noise when fucking or there gaps are wrong yes ????
fucking clueless mate...... sorry chip but i dont get that,,,,, i can fucking diagnose most faults on a car based on where the noise is coming from,,,,,, im not fucking def or a fucking moron,,,,, i work in the fucking car game and i get paid quite well to for a moron who knows nothing and have been asked to work at a few companys,,,,,, must be a fucking lucky moron IMO that ive been in the game 5 years and yet to be sacked for not having a clue
fucking clueless mate...... sorry chip but i dont get that,,,,, i can fucking diagnose most faults on a car based on where the noise is coming from,,,,,, im not fucking def or a fucking moron,,,,, i work in the fucking car game and i get paid quite well to for a moron who knows nothing and have been asked to work at a few companys,,,,,, must be a fucking lucky moron IMO that ive been in the game 5 years and yet to be sacked for not having a clue