[lyndahayes]

I hope you all realize that I appreciate all your input regarding the problems I have been having with my Mini dealer giving me a replacement Mini. He told me on friday that there is no such thing as a replacement Mini for free. I wonder if this is true? (I am sure kev had a free one.) I told him I would return to the Mini Forum and ask under what circumstance have you not had to pay. See, I have had big problems with the steering which had to be totally overhauled twice, (the second time it went, my car wouldnt even make a left turn.The steering wheel just juddered like a jackhammer. I was lucky not to have had a serious accident only because there were no other cars or people on the road at the time. Then there was the transmission that I complained of from day one.It was never fixed until it completly collapsed and would not go into any gear. My Mini just grumbled and spluttered and belched smoke. This was the final straw at less than four months old. Since then, I have tried to get the replacement sorted out. Mini have no qualms about whether I need one or not, they just want to charge me. First it was £500, then £1000, then £1600, then £1200, then £800. I finally got them down to £500 last Friday. The dealer said it is nothing to do with him. He said that Mini has never allowed anyone to have a replacement for free. IS THIS TRUE? How many people would buy a new Mini if they were told that if the car proves to be a disaster, they would have to fork out further thousands within 4 - 6 months for one that works? Let me know if you know different. Thanks.
Lynda

[Gryphon]

I do not know if the dealer is telling the truth or not. It seems to me that his veracity is not the issue. If the car is that much of a lemon it SHOULD be replaced for free even if you are the FIRST person to which the dealer has ever given a free car. In Connecticut we have a "lemon law" protecting the buyer from cars like the one you ended up with. Do not go down without a fight.
Also, what is the dealer's rationale for why YOU should pay HIM (her?) money? Why aren't they perking you for all your trouble?

[Z1GZAG N]

Demand to speak directly to the district factory service rep. If a replacement Mini has been approved by the factory, he will know about it. If the dealer won't let you talk to the factory service rep, I'd say their lying to you and the cash they want is just their way of selling you a new car so they can resale yours.

[Paul]

Linda, try a search for 'reject' or reject* (* means rejected, rejecting etc will all show).


Also search for 'refund'.

Make sure you narrow the results to the faults and fixes forum only.

Quote:

He said that Mini has never allowed anyone to have a replacement for free. IS THIS TRUE?

This thread: Rejected MINIs and replacements. Shows us that no, that isn't true.

I'm sure there are more people who have rejected/returned their cars for a full refund too.

Just search through, and with a bit of research, you'll find them here.

[diverse]

I got a replacement (in fact upgraded to an S from Cooper) did 4000+ miles from Jan to Sep (rejected in May) didn't pay any contribution.

However, if you took it to court you would be expected to pay something for the usage but you might be able to offset that against time off work, taxi's, train fare's and hire car costs?

Dealers won't fart unless BMW say's they can, i can't understand why we have independant dealers and why BMW haven't gone done the Merc route of buying them up!

The bottom line is that you have no contract with BMW and you should tell your dealer that the buck stops with them.

If you used any form of credit (inc over £100 on C/Card) take the dealer and credit company to the Small Claims Court for a full refund of the price paid, you can do this online at https://www.moneyclaim.gov.uk/csmco/index.jsp

[lyndahayes]

Wow this is really helpful, Thanks!

[Paul]

One thing to add is that the final decision does (as far as I know) really lie with BMW HQ, so your dealer is often stuck in the middle. It could well be worth trying to find out if you can talk to somebody from HQ? I'm not sure, probably better talking to somebody who has succeeded and find out how they went about it.

[diverse]

As i said, the dealer won't break wind if BMW say they can't, BUT your contract is with DEALER not BMW/Mini.

You can only involve BMW/Mini in legal action if it is in respect of a manufacturing/design latent defect!

[TheBlackKnight]

Surely this comes under the Sale and Supply of Goods Act 1994(Amended); your argument being that the product is not fit for the purpose which it was sold?

From a legal standpoint it sounds like your dealer is blowing out hot air. Nonetheless I would advise you to visit

http://www.hmso.gov.uk/acts/acts1994...5_en_1.htm#end

If you don't understand it then I would seek legal advice / go to the Citizens Advice Bureau.

(Any legal eagles among you might cry 'Sale of Goods Act 1979' - I believe this was repealed in 1994)

[timlowden771]

MINI replaced my first MINI after 6 months and 5000 miles and I did not have to pay anything

[lyndahayes]

thanks Tim, are you in the UK? I seem to find that in the USA you get a replacement without having to pay, whereas in the UK, you gotta pay...

[Paul]

Quote:

Originally posted by lyndahayes
thanks Tim, are you in the UK? I seem to find that in the USA you get a replacement without having to pay, whereas in the UK, you gotta pay...

The people in the thread I pointed you to was also people from the UK.

[diverse]

I'm in the UK! there are many uk owners who had Friday afternoon or pre xmas break or post xmas party (or mixture of both in my December 01 case!)

My car was rejected and accepted by dealer with nothing to pay!

[lol]

I too had my first MINI replaced. My dealers were very helpful and offered to replace it. My first MINI was 5 months old. I did note my concerns by letter to my dealer first and to BMW/MINI HQ, and it went from there.

Good luck and hope your problem gets sorted smoothly and quickly.

Regards,

Lol.

[Kev'sCoop]

Hey Linda i am driving a replacement now. The garage offered it to me and mini agreed no cost bar adding some kit and it still only cost me an extra 200 pounds. Tell them to get their act together and contact mini direct have you spoke to the managing director of the place? My garage was very suportive and i had nil involvement in the process bar ordering it. Hope it works out for you.

kev

[timlowden771]

Quote:

Originally posted by lyndahayes
thanks Tim, are you in the UK? I seem to find that in the USA you get a replacement without having to pay, whereas in the UK, you gotta pay...

I am in the Uk. I found it a very simple exercise getting my MINI replaced. First of all it was the garage who suggested that I ask for a replacment, so I wrote a letter to the Service Manager and also sent a letter to the customer service department of MINI uk. After a couple of days I got a letter back saying that they were looking into the problems that I was having and they would ge back to me. I then recived a call from my dealer say that MINI had agreed to replace the car and could I come in and decide what I wanted. My dealer then did everthing from there on.

[ashley adam]

Thats good to hear and sounds more like the sensible option timlowden. I have a MCS & recentley have decided that my vehicle has some little problems (noise at wheels)

[R1]

Quote:

Originally posted by timlowden771
MINI replaced my first MINI after 6 months and 5000 miles and I did not have to pay anything

Same here!

I Emailed customer.services@mini.co.uk telling them of my problems. You need to get your dealer onside as well. Mine was really good.

[jgmyers70]

I will soon recieve my 3rd cooper as i rejected the first 2 both at no cost to myself.

[Old School Jonnie]

Linda
I'm now on my fourth MINI after having had the previous 3 replaced. I had the same problems with the MINI One I originally purchased - would'nt go in a straight line. Legally if you reported the fault within the first month of purchase and it has not been repaired, you have never legally accepted the vehicle and can demand a refund or replacement as with any other goods purchased. This information was gained via Trading Standards, try contacting them. The other 2 MINIs were 1, damaged by the dealership (drill through roof) and 2, damaged by MINI rescue whislt in Europe.
I spoke to my dealer recently who stated that they are clamping down on people demanding new vehicles for minor problems.
If you have no joy then contact Trading Standards in the first instance, then your solicitor. The guy in charge of Customer Services in UK is Mr. Branwell Wearing based at BMW head office in Hook - UK.
Hope this is some use and good luck