BMW can't solve my 3 Series M Sport's gearbox problem - how do I return the car?
I would very much welcome your advice on a continuing problem I have with my BMW 320d M Sport Coupe which I purchased brand new in February 2008. On hill starts, my BMW judders with what appears to be a mis-alignment between the clutch and accelerator. It takes a while for the clutch to engage before the car eventually pulls away and often bunny hops.
I first reported this problem to BMW after three months and they opted to fit my car with a new clutch. My car has since been back to BMW six times for this problem. On three occasions they have acknowledged there is a concern between the clutch and gearbox timing on my car and other BMWs of the same model. On these occasions BMW have advised me to wait as they do not have a resolution to this concern. On the other three occasions they have undertaken 'soft' resets on my car and, most recently in December 2009, they undertook a 'hard' reset and totally re-programmed my car. I was then told if this did not address my concern and the problem re-presented there was nothing more that could be done.
From March 2010 my car is back to it's bunny hopping and clutch mis-timing ways. I have now contacted BMW and reported that I am not happy with the progression of this matter; I have advised them that I wish to revoke my credit arrangement (I am two and a half years into a 4-year agreement) and would like to return the car ASAP. BMW have referred me to their Quality Standards dept who, despite my best efforts at progressing this matter via numerous phone calls and emails, I seem to have reached an impasse with. Could you advise me if there is a legal avenue or indeed any other avenue you can think of which will enable me to progress?
I first reported this problem to BMW after three months and they opted to fit my car with a new clutch. My car has since been back to BMW six times for this problem. On three occasions they have acknowledged there is a concern between the clutch and gearbox timing on my car and other BMWs of the same model. On these occasions BMW have advised me to wait as they do not have a resolution to this concern. On the other three occasions they have undertaken 'soft' resets on my car and, most recently in December 2009, they undertook a 'hard' reset and totally re-programmed my car. I was then told if this did not address my concern and the problem re-presented there was nothing more that could be done.
From March 2010 my car is back to it's bunny hopping and clutch mis-timing ways. I have now contacted BMW and reported that I am not happy with the progression of this matter; I have advised them that I wish to revoke my credit arrangement (I am two and a half years into a 4-year agreement) and would like to return the car ASAP. BMW have referred me to their Quality Standards dept who, despite my best efforts at progressing this matter via numerous phone calls and emails, I seem to have reached an impasse with. Could you advise me if there is a legal avenue or indeed any other avenue you can think of which will enable me to progress?
Asked on 18 May 2010 by RC
![](http://images.honestjohn.co.uk/imagecache/file/pad/120x120/media/10703007/dan-h-polaroid.jpg)
If you haven't done so already, you need to insist that someone from BMW head office comes out to inspect the car. Their specialist knowledge may be able to shed some light on the problem. If you are planning to hand the car back, you need to read the advice we have on the site: www.honestjohn.co.uk/faq/consumer-rights
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