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Discussion Starter · #1 ·
hi, i dont know if im posting in the right place but heres my problem
i recently bought a cooper s 53 plate from a reputable bmw/mini dealer,after a couple of months of trouble free driving i noticed a considerable lack of power! i searched the forum for an answer before i contacted the dealer but couldnt really find one.
Anyway my car was booked in for this morning for an investigation into the lack of power.So i was supprised when they phoned me back and said they couldn't test the car beacause its to dangerous!? they explained to me that the suspension was bent and it looks like its been in a crash!

THEY STATE
osf suspenson is bent, wheel and tyre rubbing on car, requires wheel, tyre, front suspension leg, top mount osf coil spring, strut wheel hub and carrier and kds and possible further repairs depending on the body?

if i had caused all this damage surely the wheel would have damage to it? apart from the inside which is rubbing?i think i would have noticed!
do you think its pssible fr anyone to check and estimate the time that the damage was caused? . as i was told today it would not pass a mot like that! when i explained it had only just passed one by themselves i was made to feel like a liar!they sold me the car like this!

can someone give me some advice please
 

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Sounds like you have crashed your car!! (or maybe somebody else has and not told you)

Perfectly possible to damage the suspension without damaging the wheel by hitting a kerb hard for example. I am affraid it could be difficult to prove when the damage was done.

I suggest you have a very carefully look at the damage to ascertain to see if the paint has been broken on the damaged components, the degree of corrsion on any exposed steel (as a result of the broken paint) may give you a clue on how long ago the damage occured.

Good luck
 

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If you bought the car less than 6 months ago, the onus is on the garage to prove the problem wasn't already there when you bought it. Sale of Goods Act.
 

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still learning
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coopersman, with that amount of damage it would have had an effect on the steering/handling and you would surely have noticed the difference ?

a large pothole could cause that type of damage................if you are the only driver and cannot recall an incident, then I would say it's happened at the dealers while on a test drive.

maybe someone took it to the local greggs for the rolls and didn't want to own up in case they got sacked !!

very difficult to prove...........but you need to go to the dealer and examine the car and the damage as ratherbewindsurfing posts.
 

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Yes - search for sales of goods act - it is a change that came in fairly recently specifically to do with cars - there are other threads on here about it.
 

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IJ 2009 - Team 81
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The onus is normally on you rather than the trader to prove a claim, i.e. that the car is defective in some way. However, the law now states that if you are claiming replacement, repair, full or partial refund within the first six months of ownership, the onus is on the trader to prove that the goods were acceptable when they were sold. This is called the reversed burden of proof.
Taken from the link below.

Lancashire County Council Trading Standards
 

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See sticky thread in faults and fixes 2nd generation section - this points to actually acts (the recent change was in 2002)..

Also the link below which points to a traders guide to consumer rights on the BERR (previously DTI) website:

http://www.berr.gov.uk/files/file25486.pdf

search for six months and on page 5 you will find the statement I am referring to.
 

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I think the dealer will use the recent MOT as evidence to demonstrate that the car was not damaged when it was tested.
As the tyre is rubbing on the bodywork it is difficult to see how an MOT tester would miss such serious damage.


Are you sure nobody else hasn't crashed it and not told you?

Good luck
 
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