[jonw]

does anybody know if there is a legal obligation from the dealer to exchange the car or refund your money.
The mini we have has a lot of problems--back to dealer 5-6 times etc,etc.
Its my girlfriends car and she's completely sick of it!
Any idea's????
[email protected]

 

[M]

Sale of goods and all that, a product has to be fit for the purpose for which it was designed; ie. if its a car it shouldn't break down all the time. If its knackered then it should be replaced or a refund given. However, the manafacturer must be given reasonable opportunity to fix it and secondly, you may not get the decision as to whether it is replaced or refunded. How well do you get on with your dealer? as they are best placed to advise you on BMW's policy with regard to buy backs. If you don't get on with your dealer try MINI customer services.

 

[jonw]

dealer

Hi M-thanks for the reply
Dont get on with the dealer at all!!(scotthall--LEEDS-ENGLAND)
They have been unprofessional, rude, fraudulant, and really unhelpfull.
The car is in at the momment(6th time).they have had it ANOTHER week--and now they are sticking more double sided felt everywhere to try and stop the squeaks.
I just wish they would say enough is enough and give my girlfriend her money back--they we will go away and buy something reliable.
The sad thing is she doesn't even want a new mini and BMW should have nipped this in the bud, to save all the heartache and aggro.

 

[M]

Thats a shame jonw, I agree it shouldn't have gone this far. The worst thing is that its put you off the car. This is where the distinction between dealer and manafacturer gets blurred. Scotthall didn't build the car, had you dealt with a different dealer maybe the problem would never have got so bad, they may have fixed it properly first time and you would have had no complaint. Seriously think about the car, Im sure there are people here who could recommend a good dealer close to you, and give it another go with someone you can trust to work for you. MINI have a lot riding on this carn and I'm certain they would work hard to keep your custom if given the chance. Don't let a bad dealer spoil your perception of a great little car. Keep us posted.

 

[Johnboy]

I have a feeling that the rules surrounding dud cars are slightly stricter that the sale of goods act - May be worth checking out a few watchdog style sites or seeing if there is anything on any of the auto magazine sites / SMMT (Soc. Motor Man. & Traders).

 

[jonw]

Thanks

Thanks for the replies guys

I'm just keeping my fingers crossed that this time Scothall will put enough sticky backed felt all over the car to stop the squeaks?
It is a shame its gone this far--because in the begining my girlfriend was over the moon with the car----the rest,as they say is history.
Maybe I will try a dealer Change after this
I will keep you posted.

 

[Dogger]

Scotthall - Leeds

Hi Jon, I've sent you a PM with regard to your dealers (same dealers that I've been through). Sounds like we're both in the same boat.

 

[jonw]

Thanks

Thanks Dogger--no pm yet
Any kind of amunition at this stage is gratefull.
Scotthall said the car would be ready today and also told me this morning that the dealer principal would ring me today to inform us that NO replacement would be offered!!!!
Needless to say--neither of these things has happened and Scotthall will probably have the car for ANOTHER week!!!!!!

You should see the state of the 3000 mile old mini one demo car we have at the momment----yesterday the window seal fell out when we stopped sharply at a zebra crossing!!!!!-------------its all like something from some mothers do av em!
Im off to get pissed
happy motoring

 

[minimienymo]

Jon,

I truly empathize with your situation and as a Yank still waiting to place his order for a Cooper S it worries me.
I mentioned my little story on another posting earlier this month - I hope it helps to console you and your girlfriend a little.
In September, my wife and I (at my strong urging) purchased a 2002 GMC Envoy, which was an all new mid size SUV model very similar to the Mercedes in size and overall quality.
Now, because my Dad retired from General Motors we were able to buy the car on the employee discount program -which saved us about $6,000 - on top of that, Motor Trend magazine voted the Envoy "SUV of the Year". Sounds great huh?
My wife was so happy when we picked it up -and for $40,000 who wouldn't be? Anyway, I'm from Detroit, been around all types of cars my whole life, have relatives who own car dealerships -know the car game well - my Dad's experience and everything and STILL we had the vehicle in for service at least 8 times for fit and finish problems. The doors were out of line, moldings didn't line up, golf ball size dent in the hood (bonnet -I should say), a small tear on the leather back seat, missing rear area cargo mat, a couple rattles hear and there. Nothing major like the engine or transmission -just things that were wrong that shouldn't have been and needed to be fixed correctly the first time. The dealer put 180 miles on the car going back and forth to the body shop and who knows where else in our new truck -which my wife - (a high school teacher) had steam coming out of her ears! Complete buyers remorse -times ten! And ME -I'm the one who made her buy it! OH Man - talk about an unenviable position Here's the part I can totally relate to with your situation--- We've had to hear about and deal with every minute detail along the way! I was ready to drive my GTI off a cliff into the Pacific Ocean! Finally we straightened everything out and the Truck is perfect and she's completely happy. Hope this puts a little perspective on your situation - I know BMW does not want an unhappy customer -especially one who can make a lot of noise and get a lot of help from a website like this one. Good Luck, everything will work out. Sneak away to the pub for a bit if you can. Happy New Year!
Dave

 

[Dogger]

Hi Jon..hope the booze did the trick?..

If the PM still hasn't arrived by the time you read this then e-mail me on [email protected] and we can swap phone numbers and tales of woe etc..

I was due to receive a new drivers seat this week as mine is really uncomfortable to sit on for longer than about 10 mins. Suprise, suprise, when I rang Scothall, no seat and the 'week 52 (this week)' delivery date that had originally appeared on their computer system now reads as a blank. No-one there knows what this means, least of all me...

My car has just topped 3000K, so you've got me worried about the window seals now (I've already had one replacement windscreen!)

Catch u later,

Dom

 

[jonw]

Thanks

Hi guys--its really good to find a place where so many people are giving feedback--both good and bad.
From what I can see when I have been round the rest of the site its not all doom and gloom(far from it)
However, it does seem that certain dealers Scotthall-Leeds included, are really letting the side down------to me, if I had a brand new product for sale and some of them were faulty, I would do everything in my power to make sure EVERYBODY was happy.

I think MINI as a brand are very lucky to have a "cult" following, as any other run of the mill production car with so many problems would be declared the new LADA.I could go on about how VW has turned around SKODA into a fantastic(if not desireable) product but that would take too long.

I think maybe this goes back to BMW not really wanting to be associated with a car that is "only" worth 10300---when I say BMW, what I really mean is the dealers----when you walk in to the showroom, it seems to be a case of "oh no heres another one of those MINI people"
What my girlfriend should be getting now is a BRAND new MINI, because from what I have read in the rest of the threads, it sounds like the later build cars are good?This would put her back into the frame of mind like she was when she first collected the car.As it stands now, she has a car that has had more or less every internal panel removed and bits of sticky backed felt put between the mating faces---I dread to think what the car will be like in 30000 miles.
Im ranting now(hangover and all that), so if any new developments come up Ill keep you posted.
Thanks
JON

 

[jonw]

Update


Just phoned the dealer 2 days after they said they would ring me!!!!
Nobody knows whats going on with the car as the relevant people are away for the weekend!!!-Whatever happened to a piece of paper and a pen??????
Now we will probably get the car back in the new year.
Happy new year everbody.

 

[SF2001]

JonW

Sounds like you need sound legal advice ASAP!! Rejecting the car is probably the only way to solve this problem. The dealer is not required to replace it, but if you reject it you will get a full refund if the case is sound. (Sounds to me like it was not of satisfactory quality, like mine).

I had problems with my car. As soon as I dicussed it with a lawyer, I was advised to reject the car immediately. I did this the following day, and a full refund followed 6 days later. I have no regrets!

If you have home insurance, chances are you will have free legal protection. If you check your insurer's documentation, you may also have a 24 hour legal advice phone line. If you/your girlfriend have this facility, the iinsurer would pay all of your costs if you end up in court, whether you win or lose!

If not, see if you can arrange a consultation with a lawyer elsewhere. You will need to write a concise letter to the dealership.

Once you have informed the dealer that you have rejected the car, you cannot drive it again. So hand them the car and the keys, then forward the letter. You should try to do this within 2 months of taking delivery so don't delay seeking advice.

A lawyer will give you the confidence to do this, under the Sale of Goods Act. (Do an internet search and read it for yourself!)

Good luck.

 

[jonw]

REJECT

Thanks sf2001
This is certainly one road to go down--we shall see how the car is when we get it back.If its fixed then all well and good, but if its still all rattling inside then I dont see why we should put up with it!
jonw