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Thread: Got ripped off by BMW Col Crawford dealership

  1. #1
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    Got ripped off by BMW Col Crawford dealership

    We purchased our BMW from Col Crawford 31/1/2008 last year. The vehicle was bought under BMW premium selection and it was previously owned by BMW Australia. Prior to signing the contract, the saleperson told us that this vehicle comes with a 12 months free complimentary scheduled servicing at any BMW authorised dealership. I asked him whether he would need to write it down in the contract, he said words to the following effect "No, it should be on the system. You can take your car for a complimentary scheduled servicing at any dealership, even in Melbourne if you want to." We trusted his words and proceeded with the purchase, signed the contract and took the delivery of the vehicle accordingly.

    Last week we took our BMW for a complimentary service at BMW Sydney (as the 12 mths period is due to expire) and was advised that there would be a fee for the service, the system did not indicate any complimentary scheduled servicing for our vehicle at all. I was totally shocked, the service manager at BMW Sydney then advised me that I need to contact Col Crawford to sort this out.

    After numerous phone calls and discussions with the manager at Col Crawford. They denied such an agreement and claimed the following:

    1. The car was not bought under BMW premium selection (even though we bought the car under BMW premium selection)

    2. They would not honour any verbal agreement from the saleperson.

    I am utterly disappointed that Col Crawford refused to honour their agreement nor offered any compensate for their misrepresentation. Accordingly to the BMW Australia official website, all used vehicle bought under BMW premium selection should comes with a complimentary scheduled servicing. I believe we have been treated unfairly and unreasonably by the Col Crawford dealership.

    I have written a letter to BMW Australia, do you think I have a strong case to file a complaint against Col Crawford at the NSW Office of Fair Trading for misrepresentation. (given the representation was provided orally) What other options do I have?

    Regards
    Leon

  2. #2
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    You have taken the rights steps by contacing BMW Aus and the next step should definitely be the Office of Fair Trading - the issue you are going to have is that you have nothing in writing and the best you can probably hope for is that Col Crawford will not want to go to the OFT and meet you somewhere in the middle.

    Good luck with it all.

  3. #3
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    I think the key isue here is you having proof that the car was purchased under the "Premium Selection" program. I am aware of the program but am not certain what documentation that you, as the purchaser, were provided by Col Crawford to indicate that the vehicle was covered by the program.

    If the car was sold under the program, surely there should be more than just the contract you signed (and the salesperson sneakily got out of including anything about the free complimentary scheduled servicing there). Is there anything in the service books, etc. that state this? It's going to be difficult to prove it otherwise if you were not given any other documentation saying that the vehicle was sold under the program. [I know they are all not the same but we've all heard the jokes about used car salesmen ...]

    Are there any forum members with "Premium Selection" cars? What was your experience?

  4. #4
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    I think the Premium Selection program is quite misleading. At the time of sale, we did not receive any documentations about the Premium Selection program. (for example 100 points check) In hindsight, I should have chased it up with the saleperson. Further I did not think it would have any mechanical problems given its done only 5000km.

    My wifey is quite disappointed about this incident given we have paid over $70k for this car!

  5. #5
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    Definitely raise this with BMW Australia. If one of their appointed dealers has not carried out their instructions properly, they should help rectify the situation.

    Who did you speak to at the original sales dealership - the sales manager or the Dealer Principal?

    What's also possible is that there may have been some conditions regarding the Premium Selection Service program that the salesperson was not aware of - any thoughts/comments?

  6. #6
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    The 12 mths complimentary service was actually offered by the saleperson (not the dealer principal), we did not ask for it which I thought was a bonus.

    We are still awaiting a response from BMW Australia, our next step is to escalate to Officer of Fair Trading and issue a subpoena or some sort against the saleperson.

    My recommendation is DO NOT ever buy any BMW from Col Crawford - stay away from them!

  7. #7
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    I'm not defending the dealer or the sales person when I say this but what is to be gained by going after the sales person when you issue a subpoena against the guy specifically? No doubt that he has already been hauled over the coals by his boss and probably the dealer principal and could be on the verge of loosing his job. I say this because I have seen it happen at dealerships I have worked at in the past and have seen people get fired over it.

    I know that you have been promised something that you havent gotten but go after the dealer not the sales person specifically. I know that I wouldnt want it on my conscious that I have gotten someone fired in the middle of a recession.
    Cheers,

    ADJ


    Its a snow cone maker

  8. #8
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    my folks e46 325i was bought through the Premium Selection, but before the servicing program came in, but got extended years in warranty. As far as documentation it should have come with the 100 point check and an explanation of the program and benifits in a seperate folder.


    Quote Originally Posted by Technik View Post
    The 12 mths complimentary service was actually offered by the saleperson (not the dealer principal), we did not ask for it which I thought was a bonus.
    From a contract point of veiw, verbal agreements are a bad situation, very hard to prove. Even if the "program was a condition of sale" it isstill hard to prove. The courts would look at the the "program was a condition of sale" in terms of express or impied tems, and ditirmin whether the "term" was a condition of contract, or pre contractual representation etc.
    Also may be some precident under s52 of the TPA.

    Also mentioning the dealer by name in writing considering they may be "not at fault" in the situation may be considered a tort of negligence under libel, so its best to mot make comment like you did if you intent to take the situation to court, bit extreme but legal professionals are pretty crafty.

  9. #9
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    well as for issuing a subpoena against this particular saleperson, the current Col Crawford manager advised us he doesn't work there anymore. what a load of crap.

    thanks for your advice Caponix. oral evidence probably dont carry much weight, but it is worth to give it a shot.

    as for defamation claims, i'm just expressing my personal experience about this particular dealership.
    Last edited by Technik; 29-01-2009 at 03:11 PM.

  10. #10
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    Yeah im just putting it out there that if it gets to court(sure it wont), the defendant(dealer) will do everything to hurt you, even if it is something petty like a comment on a forum, but if its the truth its not defamation so you got nothing to worry about.

    But I highly suggest you contact BMW AU like your doing as we had a situation involving a dealership, wanting us to pay the bill for labour on a warranty item(which is insane regardless), called BMW AU and they told the dealer to shove it and made them apologize and do it for free(like they should).

  11. #11
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    a lesson for everyone , never accept assurances and verbals. If its all covered and recorded on "the system" then it wont hurt all at to just record the facts on the contract. Once you walk away its all youve got apart from the dealers desire to protect their name and goodwill. I hope the original poster gets some support from BMW, they would be very stupid to piss off a customer who puts $70k on the table for the cost of a service......that said there are some amazingly thick and short sighted people out there when it comes to customer relations.
    Last edited by yarpos; 29-01-2009 at 04:20 PM. Reason: spelling as usual

  12. #12
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    It kinda supprises me more that your car wasn't a premium selection model in the first place. It's not even two years old, is it?

    BMW Sauber F1 Team

  13. #13
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    Quote Originally Posted by Caponix View Post
    but if its the truth its not defamation so you got nothing to worry about.
    That is entirely correct; however, it is all too often got nothing to do with the truth but with that is provable. A crappy thing, I know but you can see the difference in emphasis. All too often the law has nothing to do with the "truth" but with proof of evidence and procedural elements that are defined by precedent.

  14. #14
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    Does the dealer sell ANY 2 year old cars which are NOT covered by the Premium Selection program? If they are ALL Premium Selection I'd say you have a pretty strong case.

  15. #15
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    Ok, I just finished a lengthy dispute with my local Audi dealership and Audi Australia about rectifying something that should have been covered under a 10 year anti corrosion warranty. It took me 3 months and all I can say is this.

    Do not bother arguing with the dealership. They get one message from head office. Deal directly with BMW Australia. Once I took my complaint, albeit not against the dealership in question, to head office it was sorted in 2 days and will not leave me a cent out of pocket.
    MY01 Audi S3
    Remus Exhaust, BMC CDA, Eibach Springs.
    1994 318i manual sedan FOR SALE 6k or something. Make an offer.

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