Your second option definately crossed my mind.
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NEW UPDATE!
Bmw has done a complete 360!
After fair trade ringing back to vent their frustration that their response to the whole dilemma was pretty much "he is lying", they have reissued a letter to fair trade stating they will carry out the repairs required to remove the knock! As long as I sign a letter saying I will not take legal action against BMW.
Did not expect that call this morning from fair trade.
I just want this fix. Hopefully will be happening soon! Fingers crossed.
The no legal action is OK so long as there is a time frame in which they have to fix it and a mutually agreed penalty if they do not meet this. Otherwise you have signed away your rights with no guarantee of a fix actually happening in a reasonable time frame.
Maybe a clause saying if the repairs are satisfactory you will not pursue the matter. Legally, I'm not sure you can actually sign away your legal rights, they just exist.
Has been crossing my mind. They have contacted me that they expect parts to arrive this week and I can take the car to them on Thursday, so doesnt look like they are delaying it.
Told me they need the car for longer then a day , and I said that's fine if I get a loaner car. Waiting for email to confirm loaner car as I am 200kms from Sydney. Don't see a problem with that as I had loaner cars for up to 2 weeks during the start of the drama.
I won't be signing anything untill I drive the car again to be sure it's solved. If they insist on a signature prior to starting work I will probably ask for a clause that asks for 2 signatures, one prior to work and one after.
Might just asked my solicitor his opinion before I go up for the service so I know what to say.
WOW!
I just can not get a break!
So heading to Sydney to take car for its knocking noise repair they have finally agreed to fix with the help of fair trade.
About 30mins out of Sydney I get a warning to top up my engine oil with 1 litre asap! I'm like what now. So I pull into servo and top up with a litre. Mind you the car only got serviced less then 3000kms ago by BMW and had a full tank of oil. So the car just burn one litre in a month. (I managed these kms in the period of time as I was going back and forth to Sydney for my ongoing dilemma, putting approx 450 kms on a round trip).This can not be good.
I pop off the the engine cover to have a better look around to suss reasons for this over use of oil since I havent had a single drop on my garage floor even tho it's been at BMW more then home since I bought it.
I notice oil around the top of the engine in particular around crankcase vent tubes which are also venting off the air duct from the turbo that goes to the throttle body, and there is oil burning and smoke coming from the area! F$&!) great!
In this time I'm looking around I've also noticed I'm creating a fair bit of blue smoke which must be coming from exhaust aswell.
I did some googling and a common issue with the twin turbo 4.4 is valve stem issue leading to excessive oil use, or the turbos are blowing oil.
Either way both are super expensive repairs.
I'm assuming this issues would full under stat warranty. I dam hope so, as something is failing engine wise!!!
I dropped off the car and got a sales guy that knows nothing about why I was even then, just that he knew he had to get me a loaner car as the others had a day off. I have calmly informed him about everything and let him know I am totally over this car. All he could do is inform service since it was going there to have a look and get an answer.
Trying not to jump to conclusions etc but at this stage I really gonna push for a refund cause this is just absolute horse s&$t!
Now more waiting for answers! FML
So a bit more info on my issue now that I have a good look and done some research.
I'm 90% sure I'm looking excessive amount of oil coming from crankcase vent tubes which is leaking and burning off on the engine causing the smoking under the engine cover. Trying to understand what causes this and it seams valve stem valves ? Maybe. Explain oil use.
The oil in the vent pipes is likely to be feeding oil back into engine cause smoking out the exhaust also caused by valve stems seals.
Either way big job and what I considers major failure, and under consumer law I'm entitled to request a refund.
Anyone know much about crankcase vent pipes and oil leaks?
Either way it's obvious to say I am ****ed!
So a bit more info on my issue now that I have a good look and done some research.
I'm 90% sure I'm looking excessive amount of oil coming from crankcase vent tubes which is leaking and burning off on the engine causing the smoking under the engine cover. Trying to understand what causes this and it seams valve stem valves ? Maybe. Explain oil use.
The oil in the vent pipes is likely to be feeding oil back into engine cause smoking out the exhaust also caused by valve stems seals.
Either way big job and what I considers major failure, and under consumer law I'm entitled to request a refund.
Anyone know much about crankcase vent pipes and oil leaks?
Either way it's obvious to say I am ****ed!