[my_mini]

Help Please.
I have been waiting for mini to replace my fuel pump and take delivery of my MCS. They have been very vague about time scales & I am getting fed up. At the moment I have only paid my deposit. Having read the small print on the contract am I right in thinking I can give them 14 days to sort the car or I want my deposit back & walk away?
The car was specced last November for January 1st delivery. It was delayed until mid February when it went to the garage. I decided on a March 1st collection but by then they had a puddle of petrol on the floor so I never took delivery.
Just want to get all the facts straight!! Oh the car is registered & insured by me.
Thanks for any input

[CC07ERS]

Reject the car cancel the insurance that will speed up the process & clear there mind on getting it fixed.

[ScottyBoy]

Quote: Originally Posted by cco7ers (original)

Reject the car cancel the insurance that will speed up the process & clear there mind on getting it fixed.

I completely agree if i was expecting a Jan 1st delivery and its now march id have walked away before now if they didnt have a realistic time frame for it to be done!

[Root Ginger]

Offer them an ultimatum. If the car is not fixed by x date I will be rejecting the car, canceling the insurance, sending you a bill for the insurance I have paid up until now and taking my business elsewhere.

That should see them suddenly spring into action

[Scrogg]

When was the car registered my_mini? And more importantly, why on earth did you allow your dealer to register a car that was not ready for collection?

[my_mini]

Car was registered 1st March.
I think they thought it was OK it was only on the final valet that they noticed petrol on the floor.....apparently!!

[Scrogg]

In which case, under the Terms and Conditions of your contract, your dealer has 42 days (until 12th April) from 1st March (as this was the agreed delivery date) to deliver the car to you before you can give them notice demanding delivery.

They have 14 days from receipt of this notice (until 26th April) to deliver the car to you, otherwise you are entitled to a full refund of your deposit.

Obviously the legal position is not an ideal one from your point of view, but at least you haven't paid for the car yet.

What are you currently driving? If they are lending you a car (which they should be) then I would stick with it but keep on at them to get the problem sorted. If it is costing you anything to run another car (except fuel, of course) then I would be demanding reimbursement of these costs.

[my_mini]

I read all the small print last night - does it not count that January 1st was the agreed delivery date?

[Scrogg]

Originally, yes, but you obviously agreed with your dealer to wait until 1st March because of the delays and the new registration?

You can't now use 1st January as the agreed date because it suits your needs, as Section 9 of the T&Cs has already taken effect.

[KenL]

I would reject that car outright and take my deposit back. They cannot force you to buy something that is not fit for purpose!

[KenL]

Forget the fact the car is registered etc. That was down to the dealer, not you!

[Dazmac13]

My_mini. It is does not matter wether or not the car is registered. When taking delivery of a car you must refer to the Sales of Goods Act 1982. There are two clauses that are very relevant s.14(2) Satisfactory quality and s.14(5) Fitness of purpose. If the either of these are broken, which they are, then they are in breach of contract and you are FULLY entitled to have a full refund or brand new replacement. the dealership will try and tell they have 3 attempts to fix it etc etc but the fact is what i have just stated are your true legal rights so if you are unhappy, tell the dealership you have decided that you now want a replacement car or refund under the 2 clauses of the sale of goods act i have mentioned. also, this must be done within a time period of 6 months from delivery of the car

[Scrogg]

I'm not arguing with anything you say Dazmac, but you seem to be missing the point that my_mini hasn't actually paid for or taken delivery of the car yet.

Rejecting it, if that is what he decides to do, is not going to be difficult, as he holds all the cards; but the question being asked was what the Terms & Conditions of the order are in terms of demanding delivery of the car, hence my response.

Had the car been handed over on 1st March as agreed, and had then developed the fault, this would be a very different conversation.

[Dazmac13]

the original delivery date would not have been gauranteed therefore no contract could have been formed. however once the car was in the possession of the dealer and they agreed a specific date of delivery (March 1st) a contract would have been formed (you do not always need a signature for a contract to be formed/accepted, though it makes it harder to prove without one). Thus if the conditions are not met then my_mini is entitled to get the deposit back and go elsewhere. Only if the fuel pump problem was mentioned to my_mini at the point of orderring the car would my_mini not have a leg to stand on, which obviuosly was not the case. Basically, my_mini agreed a date of collection (march 1st) of the car with the dealer to a satisfactory level fit for purpose in return for his/her payment; these conditions have not been met and therefore the ball is in your court

[my_mini]

Thanks for all the help.
I am determined to get this all sorted out by the weekend.
Will let you know what happens

[rainbowdreamer]

You can reject the car due to the mutually agreed delivery date (1st March) has elapsed.

I am surprised you have waited so patiently.