HELP DISASTER ADVICE NEEDED!!!!

[Jos]

In any letters that require a response make sure you set a deadline and your escalation in the event you don't get a response.
Total nightmare mate, hope it gets sorted for you.

[Blitz]

Thats 320iAN old car.

[lyricalnut02]

gutted for you fella, take the zoners advise and makesure you get a refund.

[Cloggy Saint]

Dear Mark,

It is a shame your skills are limited to polishing overpriced councilled up old turds. If you had ANY mechanical knowledge you would know that a 318is has a TIMING CHAIN.
Please make the cheque payable to.......

I'd keep things as civil as possible for as long as possible. There's no point in rubbing the dealer up the wrong way, it will only work against you.

[318isPMK]

Nah theres no value in a slagging match.

Its not my style

[ross_jsy]

Reply to text from trader

Hi Paul,
I'm very sorry to hear of the problem with the car. Unfortunately, I'm unable to help you in any capacity. A timing belt is a consumable item, a bit of rubber wound round a moving metal part. I cannot be accountable for a wear and tear item on an old car as unfortunate as it is. All the best Mark

I wouldn't take that as an answer. Where has talk of a snapped cambelt come from? I don't know a lot about engines but I wouldn't have thought a snapped belt would cause a loss of compression, plus there is also the fact that the iS has a twin duplex timing chain not a cambelt! Never heard of one of these snapping and if one did i think you'd be well aware of it going as they'd be an awful lot of noise and probable broken casings etc.

Snapped belt/chain will cause loss of compression as it will normally result in pistons smashing into valves leaving the ports open. And unfortunately chains do snap, just tend to be harder to predict when one will need doing.

318isPMK, did you mention snapped belt in your original message? It would have been best just to say the engine has failed at this stage, at least until you get a professional opinion.

[Kedge]

Reply to text from trader

Hi Paul,
I'm very sorry to hear of the problem with the car. Unfortunately, I'm unable to help you in any capacity. A timing belt is a consumable item, a bit of rubber wound round a moving metal part. I cannot be accountable for a wear and tear item on an old car as unfortunate as it is. All the best Mark

I wouldn't take that as an answer. Where has talk of a snapped cambelt come from? I don't know a lot about engines but I wouldn't have thought a snapped belt would cause a loss of compression, plus there is also the fact that the iS has a twin duplex timing chain not a cambelt! Never heard of one of these snapping and if one did i think you'd be well aware of it going as they'd be an awful lot of noise and probable broken casings etc.

Snapped belt/chain will cause loss of compression as it will normally result in pistons smashing into valves leaving the ports open. And unfortunately chains do snap, just tend to be harder to predict when one will need doing.

318isPMK, did you mention snapped belt in your original message? It would have been best just to say the engine has failed at this stage, at least until you get a professional opinion.

Ahhh so the loss of compression is more down to the destruction caused

[mr_dink]

I have seen a chain snap on a 318IS. 4 x bent valves and approx £500 bill with mates rates labour.

[318isPMK]

dont have any mates that are mechanics

[Kedge]

If worst comes to the worst and you don't get anywhere with the seller i'd say that a decent replacement engine would probably be cheaper. But on the otherhand repairing the current one could give more peace of mind if you're buying an unknown engine.

Fingers crossed it doesn't come to that.

[Speedtouch]

Unlucky, it looks like a really nice example in the ad.

Most unusual, to have a duplex timing chain snap, but if it's the original and it's done 137,000 miles then I suppose anything's possible...

[Andyboy]

Shame you're so far from here. I have four or five excellent 318iS cylinder heads, various new chains, guides etc and I've done a few of these now, normally due to a cracked head. The chain has let go - if it's not the chain that's broken, it will be either the idler pulley that's failed or the tensioner blade, both of which allow the chain to jump and bend valves.
To supply and fit a good used cylinder head and replace the chain/worn bits is about £500.

[rix313]

Removing the cam cover and looking at the chain will tell you pretty quickly if it's snapped as it would be hanging off.

[Partridge]

Don't touch the car, it is not your problem. If the dealer refuses to accept the car back, then you contact your local trading standards or citizens advice.

Although the SOGA takes account of the age and condition of the car, it would be expected for a £4K car to work, especially one in 'concourse' condition.

[stew72]

Don't touch the car, it is not your problem. If the dealer refuses to accept the car back, then you contact your local trading standards or citizens advice.

Although the SOGA takes account of the age and condition of the car, it would be expected for a £4K car to work, especially one in 'concourse' condition.

This is correct. If anyone mentions "its an old car" all you need to do is refer then to the description of the car from that ad. If a trader has any sense they will cover themselves by changing timing belts and chains prior to sale.

Make sure that you get a screen shot of the piston heads ad for reference.

Trading standards should be of help, contact the office local to the trader, he may be known to them anyway.

[kieran325]

Any updates ??

Keep ya cool and seek proper advice before you wade in.

[corza1]

I agree with the other zoners, get a reputable car delivery firm to take it back, nd stand ur ground for a full refund!! 'Good Luck',,

[kieran325]

Have ya spoke to Boyd - Cecotto479, about transporting it around and some advice as he's knowledgeable in this situation.

[richard300]

Here is all the text from the advert (as someone mentioned) take a screen shot (to do this you press the 'Print Scrn/sysRq' button on your keyboard when you have the advert open on your PC and then open paint 'Start-All Programmes-accessories-paint' then just right click and selcect 'Paste' and then save in your pictures folder.

The dealers PH advert is very annoying as he has inserted pictures in his text instead of just the ones you are able to click on.

He kind of digs his own grave in his advert though which reads as follows......

"SHOW WINNER LOOKS AND DRIVES LIKE NEW 155 HD PICTURES

MANY PHOTO'S BELOW- PLEASE BE PATIENT WHILE THE PAGE LOADS!

150 Pictures in the Gallery..www.buchananmotors.com/galleries/318is

1990 BMW 318 iS

SHOW WINNER

BRILLIANT RED WITH ANTHRACITE CLOTH

FULL SERVICE HISTORY - ALL BMW STAMPS, INC CORROSION REPORTS

EVERY MOT

This is what you call a "mint" condition car, make no mistake. A cherished E30 Sport and a show winner too. This car came to us from a chap who would take the bumpers off to polish behind them.

The 318iS requires no introduction, this is a genuine 318i Sport 1.8 16v (M42 engine) producing 140bhp. Finished in Brilliant red with Anthracite cloth and a stunning- as new- set of MiM Alloys. Can only be described as being in pristine mint condition all round, jaw dropping! Full service records, every stamp in the book is BMW, a huge file of history with invoices bills and old tax discs and every Mot certificate issued, BMW car club papers and receipts, E30 register membership etc, etc..

Recent show winner, the previous keeper would enter the car in shows and competitions. August 2011 it won 1st place for Best Exterior AND joint 1st place for Cleanest Engine Bay. By far the cleanest and best driving example of an E30 we have had the pleasure of handling. Totally tight and new feeling, there is not a mark anywhere and it is all one shade of gleaming Brilliant Red. Not a stone chip or mark anywhere to be found. All paintwork has a deep gloss shine, beautiful from any angle. The interior is a dream, timewarp condition. The Sport chairs are near flawless, the carpets are dry and pristine. Everything works- everything. Even the underside of the dashboard is unspoiled (usually fallen away or pinned up) and it's still supported by the factory fittings- all perfect. There are zero cracks on the dashboard. Everything looks and feels NEW. Not much more can be said.

It has had many thousands poured into it by an obsessive previous owner, fully poly bushed with new brakes, wheels, tyres, all suspension components, exhaust, engine gearbox and diff overhauled, ..this chap would take the engine apart to clean it- seriously!. A quick list of spec below..

QUICK SPEC

1990 E30 BMW 318iS

1.8i 16v 140 BHP


5 Speed Manual

Brilliant Red with Anthracite cloth

OPTIONS- Electric Sunroof, Fog lamps, Alarmed

Restored body including 2 new OEM front wing's & full bare metal respray

The chassis, floor or sills etc have never been welded

Both the diff & gearbox have been serviced 2011.

New petrol tank & main fuel line's (fitted mid 2010)

New radiator (fitted summer 2010)

Fully PowerFlex Poly bushed Suspension & Rear diff

-35mm Lowered suspension springs

New rear sports shocks

New "FK" sports front shocks

New Front & rear eibach anti roll bars

"R.P.M" engine strut brace

New Scorpion stainless exhaust system

Newly refurbed MiM 1900 alloys in High Silver with a light metal flake

New Continental tyres

New drilled & grooved Brake Discs all round

Mintex brake pads all round

HID Xenon lighting

M Tech-I side skirts

Recent Battery,

NARDI Leather steering wheel, (+ Tech-1 370mm included).

Sunroof wind deflector.

Spare wheel is a 14" BBS cross spoke

Factory fitted Fire Extinguisher

Complete factory tool kit & Cassette rack

OTHER INFO

137,000 miles

Mot November 2012 - No advisories on last Mot

Taxed end January 2012

2 keys & 2 remotes

Drives like no other, starts off the button, it's superbly tight and solid, very agile and surprisingly pretty quick too, it has no trouble keeping up with modern cars. Cannot be faulted in ANY respect. Every stamp in the service booklet is BMW and it is backed up by a huge file of history. This is one to put away, polish at the weekends and take to shows. It is THE perfect example of an E30 318iS and in very near concourse condition. You may travel from a far, many, many miles to come and see this car- do so with full confidence (and excitement) that this car is the very best E30 iS on the market today."





He mentions things like.......

"Drives like no other, starts off the button, it's superbly tight and solid"

And.......

"It is THE perfect example of an E30 318iS and in very near concourse condition. You may travel from a far, many, many miles to come and see this car- do so with full confidence (and excitement) that this car is the very best E30 iS on the market today."

And lets not forget that with the description......

"Full service records, every stamp in the book is BMW, a huge file of history with invoices bills"

From the above statement i would say it was easy for you to assume it had been serviced to all schedules by BMW for it to have "Full Service Records"
What do BMW recomend the Chain and other timing parts be changed at? Were they done to that scedule? if not it does'nt have full service records!

[318isPMK]

Did this email before good advice from Richard 300

------------------------

EMAIL 1 TODAY FROM ME TO MARK

Hello Mark,

I would like to outline my dissatifaction that the 318iS purchased on the 11th of January has suffered from such a serious breakdown. That said I would also like to assume as a reputable dealer you would be willing to help solve the situation so despite being a little stressed I dont want to come accross as if I am calling into question your word before you have had a chance to comment or respond.

Here is my position.

I have looked out for one of these cars for quite a while and decided to buy yours on the back of its condition service history and your assurance when I asked if the drive chain and gear box had recently had work done and you assured me that the 'cambelt was recent and gearbox had been overhauld last year. All Good.'

When walking up to the office you assured me that as a consumer I had rights. I'd like to exercise these rights as I do not believe that it is reasonable for the car to last a few days and think that this puts into doubt its status as "fit for purpose". I came to you based on all of this and the fact you are a trader so I believe the car needs to be fit for purpose.

Based on what funds I have available I can only offer to assist you in agreeing a solution in one of two ways. Full refund (to be honest I dont want that if there is a better solution). You have the car transported to Bavarian Retro's or a similar mechanic who can fix or replace the engine. I can contribute around £200 for this.

I really dont want any problems and just want a reasonable end to this. To be frank... I (like you) am pretty busy and cannot really afford the time that a disagreement would cause.

Best Regards

Paul Kelly

----------------------------------
HIS REPLY

What a terrible situation.
I am struggling to see how I have a responsibility over a consumable item that is not a major mechanical part. My immediate issue is that I am
expected over in Germany for a whole two weeks sadly and as such I am in the process of winding
down my affairs in preparation of this. It could not have come at a worse time for either of us.

In light of this I would ask you to liaise with my brother in my absence, I will forward all emails we have
had plus have a conversation with him also.



Kind regards,

Mark Heron

------------------

My Reply

Hello Mark,

Your ad describes a fantastic example, a near concourse car, you yourself mentioned specifically that the part in question drive chain.

A specialist mechanic has told me today that a drive chain (duplex chain not a band on this car) is not a consumable as it is supposed to be guaranteed for the lifetime of the car or up to 100,000 miles.

The pistonheads advert talks of pristine mint condition. I can understand you may not know everything about the car but selling at a premium price and the advertising of the car says to me that it is a prime example and a prime example should last more than 4 days, with little use. I think I spent more time cleaning it than driving.

I would like to ask for £500 back on the car that i can put towards recovery and repair. I think that's fair.

Alot of people have advised alot of things (some stupid) I have no intention of bad mouthing yourself or your business online afterall its how you make your living but at the same time I do expect some fairness in return. I also do not expect or want a full refund as at the end of the day I bought the car because I want it to drive but its not for for purpose in its present condition and I am asking you to help rectify this please.

Please reply before you leave for Germany.

I dont know how much luck I would have reporting to trade bodies, citizens advice or lawyers for them to tell me if I am within my rights and I again stress I really dont want to go down that road, but I respectfully disagree with your position that you have no responsibility.

Best Regards

Paul

[Jozi]

Printing the advert can also be done with software like cutepdf or similar, prints a pdf which is handier than numerous screen shots

[318isPMK]

I know some folk are going to tell me im off my head for keeping it but I bought it because I love it I still do just want it to be as it was sold to me. near perfect.... thats why I paid £3,200 for it? I could have got a dog for much less then done it up for the same money.

I bought it specifically for the service history and documentation and ownership from a knowlegable former owner.

P.S Sorry my spelling is going as Im getting wound up!

[318isPMK]

its going to Boyd Tomorrow he's been fantastic!

[mabz]

http://www.ebay.co.uk/itm/1990-BMW-325i ... 2ebab5c8db
looks like its happened to this poor guy too.im guessing this guy is a rogue trader who likes to rip people off??he also had an e36 m3 vert up for sale which has sold on ebay twice but then gets re-advertised.this is worth pointing out if it goes further and maybe get the sport guyd details as he has bought a dodgy e30 off them too?

[TPS]

I am exercising my rights as a consumer whom has bought a product that is not fit for purpose. As such you are legaly obliged to rectify this situation in all your capacity. I will fully exercise all my consumer rights on this issue, and will in the first instance seek further legal advice if you cause me to have to do so.

Avoid Text though..... E-mail is good along with phone calls, as you have a paper trail.

+1

I'm not sure if the law is different in Scotland, but under the sale of goods act , this product is not fit for purpose. Its the dealers responsibly to put that right. End of.

[kieran325]

^^ Possibility and is nice to have as ammo when it gets shitty.

[318isPMK]

Lawyer and Trading Standards if my last email to them above is not acknowledged I cannot be any fairer!

[Rtaylor2208]

Boyd will keep you right, hopefully you can get some cash out of him to at least cover your costs.

[kieran325]

I think ya doing right, keep ya cool and log everything.

[E30BeemerLad]

I posted this on the duplicate thread, says all you need to know as far as your position as a consumer and his position as a "trader" is concerned.

http://www.adviceguide.org.uk/index/you ... m_a_dealer

[318isPMK]

I think its difficult to quote legal verse when your not an expert I have been in this situation with Arnold Clark believe it or not............. I have obviously got no luck!

I'll take advice tomorrow early p.m if my position and solution proposed is ignored

[E30BeemerLad]

Boyd was a solicitor in a previous life too, so hopefully he'll see you right here.

[318isPMK]

Your joking! that explains why I thought it slighly strange my mechanic sounded so certain about things lol

[Curr946]

yea despite popular belief on here Boyd isint a bad bloke.
He will keep you right.

Is the chain Broken? I've worked on 3 m42's that had broken chains it can make a fair mess.
I might have a spare head for one but cant remember if it had a bent valve or not.

[mabz]

http://www.ebay.co.uk/itm/1990-BMW-325i ... 2ebab5c8db
looks like its happened to this poor guy too.im guessing this guy is a rogue trader who likes to rip people off??he also had an e36 m3 vert up for sale which has sold on ebay twice but then gets re-advertised.this is worth pointing out if it goes further and maybe get the sport guyd details as he has bought a dodgy e30 off them too?

sorry ill make this clearer.the sport on ebay was sold to this guy last year from buchannon motors and it appears to have been sold with a dodgy mot?so im guessing buchannon motors are dodgy traders!