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Is my MOC is a heap of junk?

5656 Views 19 Replies 12 Participants Last post by  GBMINI
I think so.......

I have a Mini One Convertible which has be nothing other than trouble since I bought it. The problems started with the roof failing during the handover which delayed the car's delivery by a few days until it was supposedly "fixed" by Blue Bell at Crewe. Since then the roof has continued to be a problem failing at seemingly at random. The last time it was in the dealers to be seen to it had "historical faults" in the memory, but no current fault. Lately it was in for rectification to a paint defect and when I went to pick the car up it the roof again failed, this time becoming skewered as I attempted to lower it. The initail advice from the dealers is that it needs a complete new roof.

Other problems are that the paintwork was defective and needed rectification, the alarm goes off whenever it rains, and the steering required attention due to the car pulling to the left. The dealership have fixed the paintwork, but the roof and alarm problems remain. I have photographs of how it looks at present which I will post here when I find out how to do so, but if anyone would like to see them I will send them to you by email. Please send me an email to [email protected] and I will send them by return. Hopefully I will get some with Blue Bell BMW in the background on Monday. If anyone is in the Crewe area on Monday I will be at the dealership at 11am.

I have had enough of this car. I think that it is a lemon. I waited 6 months to take delivery and it is the worst car that I have ever had. The dealership is as yet unwilling to accept my request for a refund for the car, but I will be logging all events to build a case in the near future. Hopefully a satisfactory agreement can be reached before I have to go to court. :mad:
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Contact your local council. Every council has a Trading Standards Department. If you want this cleared up quickly and you want to show your dealer you mean business this is the way to go. They will contact the dealer themselves and take whatever action necessary on your behalf. They will start with a letter outlining the situation and the allegation that the car is not fit for the purpose it was sold for, which is a clear violation of the Sale of Goods act. The letter will invite the dealership to reconsider their refusal to replace/refund your car before any action is taken. A few letters will be passed back and forward from the dealership to the Trading Standards department, all of which you will probably be copied in on. Then, hopefully you will get what you want.

Basically big companies, and some small companies, rely on the ignorance of joe public of the sale of goods act and exactly what their rights as consumers are. If you were BMW and a customer brought a car back wanting a refund, you would say no and hope that they give up. They've got nothing to loose by saying no and refusing to give a refund until they absolutely have no other option.

This whole 'we've not had a reasonable chance to rectify the fault' is a bit of an iffy one. I may be wrong, but I think the position is: if an item sold is not usable for the purpose it was sold due to a fault or damage that may be fixable, they seller has one opportunity to rectify the problem (ie one trip to the service department to fix the roof). If the first attempt to rectify the problem fails, the seller must provide the buyer with a full refund for the sale price at the buyers request.

I work in retail and have some experience with Trading Standards. I hope I've helped. Any questions feel free to PM me.
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