In the autumn almost five years ago, Hanne Stenslet bought a four-year-old BMW in Eidsvoll for NOK 219,000. When the car was nine years old, but had only driven 119,000 kilometers, the car broke down.
At a BMW workshop, a break in the timing chain was found, despite the fact that both Stenslet and the previous owner have followed the car’s service programme.
Many people who end up in the same situation with a used car that is starting to age will think that you will not be able to cover the installation of a new engine on such an old used car.
– But I knew about my complaint rights, she says.
Long intervals
Stenslet therefore advertised to the car dealer where she bought the car. And got rejected.
The car dealer, the BMW dealer Jæger Sentrum in Bergen, pointed out that the new car warranty expired almost four years ago, and that the used car warranty they gave on the car expired three years ago. They also believe that the fault with the registration chain was not present when they sold the car to Stenslet.
However, Hanne Stenslet did not give up and got help from another workshop to put in a used engine that worked. This cost her NOK 60,000.
At the same time, she received an expert opinion from the car workshop, which stated that she had changed over 400 timing chains on the same engine type. The workshop believes that there are too long service intervals on the car model, and that this is the most likely cause of the registry violation.
– The factory has too long intervals for changing the oil and filter. It is unfavorable in Norway, with a lot of slow driving and many cold starts, writes the workshop in its report.
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NOK 60,000
Stenslet then complained to the consumer authorities. In a decision from the Consumer Complaints Committee, she has now been upheld that the car dealer who sold her the car must cover the cost of NOK 60,000 for putting in a used engine.
– The Consumer Complaint Committee has, without any doubt, come to the conclusion that there is an inherent weakness in the engine. The timing chain should normally last the entire life of the engine, writes the Consumer Complaint Committee in its decision.
They point out that the car had only traveled 119,000 kilometers when the timing chain smoked. The car’s service program does not require the timing chain to be changed at a specific time.
– Well known weakness
NAF agrees with the assessments of both the car workshop and the Consumer Complaint Committee.
– This is a well-known weakness of BMW’s 2-litre diesel engines, says technical consultant Benny Christensen at NAF Advokat.
– The normal lifespan of a timing chain is, with normal use and maintenance, significantly longer than 119,000 kilometres, says Audun Bergerud, who is also a technical consultant at NAF Advokat.
– Much money
Hanne Stenslet is happy that she has been successful.
– An engine must go for more than 119,000 kilometres, she says.
For Stenslet, NOK 60,000 is a lot of money.
– For me, who is single and an assistant at school, it is a lot of money.
She says that she is interested in cars, and that this BMW, a BMW 316D touring, is her fourth BMW.
On one of the earlier BMWs, she changed the timing chain before it stopped.
– I was therefore aware that there had previously been problems with the register of these cars. But I thought this problem had been rectified within 10 years.
Disagree
However, the BMW dealer who sold the Stenslet BMW, Jæger centrum in Bergen, does not accept the decision from the Consumer Complaint Committee.
Instead of paying Stenslet the 60,000 kroner she has been awarded, they have chosen to take legal action against her in the district court.
– We do not agree with the decision, says general manager Bjørn Inge Knudsen in Jæger centre.
He points out that it is a “relatively old” car.
– The service intervals are based on a qualified assessment by the car manufacturer. In our opinion, there is also no basis for stating that the timing chain is a weakness on this engine series, says Knudsen.
– What do you think of what NAF says?
– It is difficult for us to comment on such vague claims. We therefore have no further comments on the case, says Knudsen.
Hanne Stenslet is upset that Jæger cannot accept the decision, and that they are suing her instead.
– They are trying to show that they have power, she says, before adding:
– And they have that, too.
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