[South Shore Lad]

Scrogg

aye - I was merely reminiscing!

I had an Escort from new in '94. In the months/years to follow there were times I wished I'd taken up the offer!

SSL

[KenL]

Quote: Originally Posted by Martin F (original)

The law is enacted by Parliament and interpreted by the Courts. There is an Appeal Court Case (Bernstein v/s Palmerston Motors 1987) specifically relating to the supply of a motor vehicle where it was held that the supplier must be given three chances to rectify the fault for which the goods are rejected and must have failed to do so.

The DTI can write what it likes in its fact sheets, they are helpful guidance and not law. In a dispute about rejection, if it comes to Court the buyer would need to persuade the Court not to be bound by the decision in Bernstein.

I think I would rather give the dealer 3 tries to fix the problem before going down that route.

Hi MartinF - are you a lawyer? Be good if you were.

A layman like me would guess that since the supply of goods act 1994 is newer than the quoted case 1987 it would take precedence

Was the case referred to about supply of a new or second hand car?

[Martin F]

I think the information in this thread gives a good idea of some of the main points relating to the rejection of a faulty car. But it cannot be a substitute for proper legal advice and the law is also slightly different in Scotland.

I think I have said enough.

[oldbimmercoupe]

be sure to check if your state has "Lemon Laws"
obc

[R60 Mike]

Where is the first port ofcall when you want to reject a car?

do u talk to the dealer? or go straight to bmw and if thats the case how do i contact them apart from email? is there a telephone no? or an postal address??????

[Paul]

The dealer should be the first point of contact as your contract is with them. And/or the finance the company if you have bought it on finance.

[R60 Mike]

Quote: Originally Posted by Paul Mullett (original)

The dealer should be the first point of contact as your contract is with them. And/or the finance the company if you have bought it on finance.

What grounds do i have? i am justcompletely fed up, gotthe car back after a new clutch anf fly wheel was fitted after my last one went up in smoke

every time i start the car i get a nice smell of burnt clutch through the air vents?

its awaiting parts for the alternator but i have the car back, engine sounds like a bag of rusty spanners most of the time, been told its character and normal for the engine, oh year right just what i want a 19k sports car to sound like brilliant!!!!!

i almost fell out the door on the motorway before xmas after the door open wire got trapped and frayed when opening the door,

i just have no confidence and a few other little niggles

do i have a case????????????? becuase i am just waiting for it to break down again

[R60 Mike]

Quote: Originally Posted by R60 Mike (original)

What grounds do i have? i am justcompletely fed up, gotthe car back after a new clutch anf fly wheel was fitted after my last one went up in smoke

every time i start the car i get a nice smell of burnt clutch through the air vents?

its awaiting parts for the alternator but i have the car back, engine sounds like a bag of rusty spanners most of the time, been told its character and normal for the engine, oh year right just what i want a 19k sports car to sound like brilliant!!!!!

i almost fell out the door on the motorway before xmas after the door open wire got trapped and frayed when opening the door,

i just have no confidence and a few other little niggles

do i have a case????????????? becuase i am just waiting for it to break down again

should i reject?

i really need some advice before the weekend, as i am due to go to my dealer

[wiggis]

Quote: Originally Posted by R60 Mike (original)

should i reject?

Yes. Those sound like serious faults, each of which would be proper reasons for rejecting the car.

[Wipeout]

I rejected my car, I suggest you do the same. A dealer won't make it easy for you, and you'll have a bit of fight, but stick by your guns, the law is on your side.

[Mini Pod]

From what I've seen, there are a lot of testimonies to Mini dealers really wanting to please their customers. Of course, there will always be stories of bad experiences, but the positive ones seem to be the majority by a good margin.

Question: You've gotten a Mini and a dose of bad luck--it's turned out to be a lemon beneath that charming exterior--will your dealer try really hard to help you get through it to the zone of Mini Happiness?

Question: Yes, the Mini can't really compete with Japanese reliability, as seen from the testimonies on the Mini forums... BUT, are the issues that usually crop up just "breaking in period" type problems that once dealt with will result in a car that is reasonably reliable for the long haul?

[specky 1]

I must say, that i have just had nearly 3 months of pure HELL wi my MCS and the dealer has come up trumps for me..... with a "LITTLE" push, here and there. They still have issues with quality of workmanship in workshop though!!!!! ATTENTION TO DETAIL , comes to mind.

[danb]

Has anyone rejected a car without the original dealer actually attempting to fix the car, but another BMW/Mini dealer?

David Holmes have previously had 3 attemps at fixing my car, and after apparantly fixing the fault 3 months ago (3rd attempt), it has come back again. It is in with them again on Friday to confirm that the fault is back, but its not realistic for me to travel to my original dealers for repair anymore - I bought the car in June from York, and moved to Manchester shortly after.

I have spoken to the service department at York, and they suggested themselves that I take it to David Holmes again, then call them when they have diagnosed it.

[Martin F]

Your contract is with the supplying dealer. If you want to reject the car you have to negotiate the rejection with them. Neither BMW nor the dealer you are using for warranty work have any formal role in the rejection process. I suspect that before agreeing to rejection the supplying dealer will want to have a look at the car.

[supa-dupa-cooper]

I'd suggest writing down everything that has happened no matter how big or small.

This is exactly what I have done. If my problem of stop/no start re-appears I want nothing more to do with my car, and the 3 pages of word document I have can only add to the case for rejection (which also includes the other 2 faults with dealer fitted stuff on delivery).

Luckily MINI / the dealer came back with a 'solution' to the problem a few days before I was going to go down the route of trying to reject the car. I had lost all faith in the car (with it not always restarting at traffic lights/ junctions, who wouldnt?!) and its still taking me a while to gain it back!

Hopefully I will never have to reject it (or any other car come to think of it!)