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Default 19th July 2013, 05:38 PM

You have the right to be allowed to speak to them and put your case forward! He's just pi**ed off that you have done it and it is now formal! Well done mate. Keep at them as they will drag it out as long as possible! I was told if I was rejecting the car to also stop driving it and leave it at the dealers! Don't know if this has been recommended to you?


  
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Default Joys of Countryman ownership at 3 months old! - 19th July 2013, 06:34 PM

He has to deal with you, MINI have nothing to do with it, Your contract of sale is with Williams. The fact it's a Williams service branch speaks volumes to me, had nightmares, as have many on here, with them in Manc, Bolton, Rochdale and Liverpool. There sales are great, service is awful.

Anyway back on topic. MINI won't deal with it for you as the dealer is there representative and sold you the car. Demand a meeting with him to discuss. Your next move needs to be to contact your finance company in writing stating your case that the car isn't up to standards required under the sale of goods act, and because of this you are rejecting the car and making no more payments. The key here is that if you cease payments the finance company repossess and end up with a duffer, they won't want this. They'll contact you telling you to carry on paying to avoid credit problems, (you should continue paying), and they'll contact Williams Bolton telling them to sort it. This puts and awful lot of power on your side. From my experience the dealers attitude changes completely at this stage. I did this a few years back after months of denial from an Indy dealer and I was in a new car within 2 days if them receiving the letter from the finance company.

Good luck, it's never pleasant.
  
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Default 19th July 2013, 07:27 PM

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Originally Posted by Scottyg View Post
You have the right to be allowed to speak to them and put your case forward! He's just pi**ed off that you have done it and it is now formal! Well done mate. Keep at them as they will drag it out as long as possible! I was told if I was rejecting the car to also stop driving it and leave it at the dealers! Don't know if this has been recommended to you?
Thanks,

The guy at Mini UK said that the dealer has to notify Mini Finance (but I'll send them a copy email just to cover myself ).

At the moment the car is still at the dealers as they are still working on it with the third climate control failed part that come up today not due at the dealer until next week. They wouldn't let me have it back and wouldn't even let me get my things out - they went and got them out of it for me.

Mini UK tell me that the dealer has to complete the 'repair', if they fail to sort it then it is immediate rejection from Mini's viewpoint, if the dealer thinks they have repaired it then I have to resend the rejection letter immediately because of 'total loss of faith and confidence in the quality of a new car' to the dealer and we take it from there, he said I may have to take it on the chin with 3 months use taken into account on any settlement agreement - not an issue.

I feel so sick to my stomach that it has come to this.
  
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Default 19th July 2013, 07:34 PM

3 months use does not come into it. You have max 6 months to reject a car with the onus on the dealer proving that the fault can be fixed in a reasonable time to your satisfaction. Secondly they have no legal right to keep your car or stop you from getting your belongs out if it as you own it, not them. You have the right to drive your car away no matter what they say!! I know you don't want to at this stage but that's not the point! They are playing silly ****s! If it is sorted I'd not be using that dealer again!! I'd also be asking for compensation due to the issues you have had and the extremely poor service and mpg!!


  
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Default Joys of Countryman ownership at 3 months old! - 19th July 2013, 07:38 PM

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he said I may have to take it on the chin with 3 months use taken into account on any settlement agreement - not an issue.
The dealer has admitted today that the part has been broken from new. You haven't had the benefit of a fully functional car!

The dealer has now had plenty of opportunity to fix it.
  
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Default 19th July 2013, 08:54 PM

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3 months use does not come into it. You have max 6 months to reject a car
I don't think this is correct...

I went to CAB (Citizens Advice Bureau) and was told you can reject even if a vehicle is over 6mths old and this includes second hand vehicles!

I brought a 6mth old MINI and then the next 6mths had one rattle after another! Seeked advice from CAB and then asked to see the Dealer Principle, I also made a diary of events, times, who I spoke to etc...

Went in to see the DP armed with my diary (copy made for him) also the advice from CAB..

Handed over the diary and he read through some but admitted he'd checked when it had been in over the months..

3 options given!

1/ Continue trying to resolve the problems!

2/ Offered to take the car back, although he did say there could be a small deduction for use!

3/ Take the car back and supply another again a small deduction for use!

I took option 3, another 6mth old MINI found although by now nearly a year newer than mine. A deal was struck on values and I paid a small additional amount.

I have to say they offered a good service albeit I had to have the issues to start with.

So for me we should always get a perfect product but sometimes things go wrong and then it's about how the problem is resolved, for me I was satisfied with the outcome



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Default 19th July 2013, 09:10 PM

Davy, I never said you couldn't after 6 months. But the onus is then on you the consumer to prove the fault was there at the time of purchase and not the garage. Pre 6 months the liability lies with the dealer.
I was on the verge of taking VX to court with the backing of trading standards but the costs would have been stupid but that was under the Consumer Credit Act 1974 Scetion 75 as I was over 6 months from purchase and was looking for recission.


  
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Default Joys of Countryman ownership at 3 months old! - 19th July 2013, 09:11 PM

6 months is the key date, or used to be. Before 6 months its assumed the problem should have been spotted by a dealer. After 6 months you have prove it was present when you bought it if I recall correctly.
  
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Default 19th July 2013, 09:15 PM

It is very complicated Scotty and this was my story.....

Just depends what kind of dealer you deal with really, some are really good & helpful some are just plain awful!



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Default 19th July 2013, 09:18 PM

Quote:
Originally Posted by davyboy View Post
I don't think this is correct...

I went to CAB (Citizens Advice Bureau) and was told you can reject even if a vehicle is over 6mths old and this includes second hand vehicles!

I brought a 6mth old MINI and then the next 6mths had one rattle after another! Seeked advice from CAB and then asked to see the Dealer Principle, I also made a diary of events, times, who I spoke to etc...

Went in to see the DP armed with my diary (copy made for him) also the advice from CAB..

Handed over the diary and he read through some but admitted he'd checked when it had been in over the months..

3 options given!

1/ Continue trying to resolve the problems!

2/ Offered to take the car back, although he did say there could be a small deduction for use!

3/ Take the car back and supply another again a small deduction for use!

I took option 3, another 6mth old MINI found although by now nearly a year newer than mine. A deal was struck on values and I paid a small additional amount.

I have to say they offered a good service albeit I had to have the issues to start with.

So for me we should always get a perfect product but sometimes things go wrong and then it's about how the problem is resolved, for me I was satisfied with the outcome
If only .................. were to act like your dealer had then I'd most likely remain a loyal BMW/Mini owner, at the moment I just want to get as far away from the Mini/BMW brand as possible.

From today's experience with the Mini Brand Manager I'm not holding out much hope. I've copied the site Dealer Principal into todays email correspondence with Mini UK and Mini FS as he seemed to get things moving when I verbally rejected the car due to the delivery handover damage and he seemed much more pragmatic.

Last edited by Cdfebay; 1st August 2013 at 09:09 PM.
  
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