[drb5]

What difference will that make? Where does it say in black and white, that they can tell me "no" to rejecting the car?

I still need to let them know about how i feel, put it in writing etc.... If i don't do what the CAB and the Society of Motor Manufacturers and Traders, then i risk doing what i'm not supposed to do?!

[NeuroBeaker]

Quote: Originally Posted by drb5 (original)

What difference will that make? Where does it say in black and white, that they can tell me "no" to rejecting the car?

If you intend to reject the car, you should stop putting miles on the clock. I think this would be for the best, as you don't want the dealer putting up a fight to retain some funds for the mileage you've put on it.

Quote: Originally Posted by drb5 (original)

I still need to let them know about how i feel, put it in writing etc.... If i don't do what the CAB and the Society of Motor Manufacturers and Traders, then i risk doing what i'm not supposed to do?!

If you intend to inform them in writing that you need a fix, then I'd do it quickly - as soon as possible sort of quickly and get the car booked in. If you intend to inform them you're rejecting the car - as no possible fix could ever be good enough to satisfy you - then I'd do it immediately.

The longer you leave it before you take action, the more likely it is the dealer can pass off damage to the exterior as something that happened after the car left the dealership, and the more likely it is they can pass off the engine fault as something that developed after delivery. You don't want to be left with no fix for the paintwork, and months of warranty disputes for the engine, on a car you no loner have the option of rejecting.

If you feel you have received legal advice to allow you another course of action, then that's up to you and your legal team.

Good luck,
Andrew.

[Martin F]

Quote: Originally Posted by drb5 (original)

What difference will that make? Where does it say in black and white, that they can tell me "no" to rejecting the car?

I still need to let them know about how i feel, put it in writing etc.... If i don't do what the CAB and the Society of Motor Manufacturers and Traders, then i risk doing what i'm not supposed to do?!

The relevant bit of "black and white" is in s35 of the Sale of Goods Act as amended. See the link in my earlier post.

You should also be aware that if you do return the car and the dealer accepts the return, you should be aware that s48c says

"any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him"

[drb5]

Nice one. So it's a "they win - they win" situation really then isn't it?

I've not made up my mind right now, but i'll certainly be swaying that way as much as i can in the letter. I will ask for a reply quickly and be open to discussion on the matter, from the person(who ever it may be) if they want to.

[drb5]

Well the letter has been sent to the dealer principal and a copy has been sent to both customer services and financial services.

I'm not COMPLETELY ruleing out another option, rather than a full refund, but i'm leaning towards it and i've stated that in the letter.

I will update if and when i get a reply.

[CC07ERS]

i had a new clutch , flywheel altinator 2 new speakers , amp, footwell module, washer pump , arm rest fuel pump, & the diesel noise in the morning in 11 weeks before i got rid of it.

[drb5]

Did you miss it much after it went?

Does the CTR fill the gap alright?

[steeve]

Sorry to here of your problems, I bought a new S and couldnt wait to get rid of it. I hope you get it sorted.

[CooperDee]

drb5, which dealer was it? Dunno if it's Harry Fairbairn's you are having the grief with but they've been bought over by the Arnold Clark empire. I had a new shape Civic before my Mini - it had loads of problems and the dealer (an Arnold Clark branch) wasn't successful in fixing it.

[drb5]

Thanks guys, but at the moment i'm not going to disclose the dealers name.


Had a reply from the dealer, albeit NOT the person i addressed it to. Instead of the Dealer principal replying, it was infact the Service Manager! Why he replied to my letter is quite beyond me.

Either way, the painting of the bodywork was so-called a "goodwill gesture".....i never realised giving a defective car was the norm? They are open for me to have the mechanical issues dealt with through the warranty....but they don't have a fix for the engine noise yet....so how can they sort that?

Will get another letter written up and sent the same way as before, only this time i think i will be pressing even more for a refund. I left it open to discussion, but they don't want it.....not that surprising, but i'm a fair guy up to a point.

[CC07ERS]

Quote: Originally Posted by drb5 (original)

Did you miss it much after it went?

Does the CTR fill the gap alright?

No i never missed the S because it eas at the dealers most of the time. As for the Civic , never had any problems. Its a greedy barsteward on fuel , its not all great.

[Deako]

I need to stop reading about all these issues. Its making me want to cancel our order.

I suppose the problem in general is that all the cars are manufactured in England by people that dont really care about their jobs.

[drb5]

Well i have a problem and it's something that EVERYONE should be aware of....
....you only get 10 days to write a letter and get a full refund, before you MUST give the dealer their chances to repair the car!!!

So far CAB haven't been of much use either, as they never told me that!

[Tunster]

Quote: Originally Posted by Deako (original)

I need to stop reading about all these issues. Its making me want to cancel our order.

I suppose the problem in general is that all the cars are manufactured in England by people that dont really care about their jobs.

Very untrue! Don't take influence of comments from this website to base your judgement on the Cooper you've ordered. Most car forums feature the things that are wrong because hardly anyone will write about how good their car is. The people here reporting problems are a most likely a VERY small minority. You'd be surprised how bad cars can be that come from eastern europe/china.

If you've picked the car you like and enjoy driving, stick with it!

[drb5]

Ment to add on my last post...

...my options are live with the car and have the mechanical faults dealt with under warranty through another dealer, or suck it up and let the dealer i bought the car through, do the repairs. After that, i can see if the repairs were good enough and if not, go about getting a refund or another vehicle......all this will be done VIA the finance company though.

[KenL]

Quote: Originally Posted by drb5 (original)

Well i have a problem and it's something that EVERYONE should be aware of....
....you only get 10 days to write a letter and get a full refund, before you MUST give the dealer their chances to repair the car!!!

Where did you get this info?

Not saying it is wrong, would just like to know more about it.

[drb5]

Consumer Direct.

Totally gutted by that news. It wouldn't have made much of a difference tbh, but i don't know if i can stomach going back to my dealer....

[mu5c13b0y]

I took delivery of my Mini Cooper D on 29th April here are the faults so far:

2 New back seats (the werent aligned properly)
1 New drivers seat (half leather stitching not right)
bonnet realigned (it was slightly to the left)
Both doors realigned.

After going to collect my mini last night (27/05/08) I drove off the forecourt, and down the road for about a milem and I light cam on the dash "diesel particle filter symbol" so I turned round and went back to the dealership. I checked the manual and it normally should disappear after driving for 5 mins at 40 mph. The dealership checked the engine management system, and they said that there was a fault.

[adam_Randell]

Quote: Originally Posted by drb5 (original)

We received our brand new S on the 3rd.

Straight away, when i got back home, i knew of a couple of problems. The front number plate was cracked, numerous creaks and rattles inside the car and a chip on the bonnet. The chip wasn't a stone chip, due it being on a rear facing edge of the bonnet. Unfortunately i picked the car up in the snow, so i never seen the plate and chip.

5 days later when i managed to give the car a good wax, i found this...



Ontop of this(i'm MOST upset about that issue, as that is definately human error!), i now have the loud ticking noise from the engine that goes away once warmed up, when selecting certain gears there is a snick and now rushing water behind the dash.

I know mechanical problems can be fixed, but paintwork will always never be right....repainted or not, i shouldn't have to accept this. The whole thing is making me feel worse due to the amount of "common faults" appearing.

I'm going into the dealers today, to pick up the new front number plate and tell them about the 2 new problems....gearbox and water noise.

I'm still yet to find out what happens IF i let them repair the bodywork and i'm not happy with the outcome. The service manager was ment to call me about that, but funnily enough, he never did.

Anyone had similar problems with the bodywork, or the amount of problems i have?

I have the ticking noise and the water noise - apparently according to MINI UK, it is a charictoristical feature of the R56!