Well Monday is d day

[illegalhunter]

Well its back again on Monday for the gearbox racket. Ive took her indoors to test drive the Civic , she loves it. Iam getting shot of the Mini before its worth nothing, because the first lot are mince . I will stripping all the bits off .Iam getting Type SGT with sat nav bluetooth & 18" alloys for £19500. Only thing is if they cant fix the box how long after you reject will you get your cash back . Phenoix have a Mini dealership & havnt said anything about the gearbox to them.If i get to reject will i get a full refund for the body kit ect.

[Gismo]

I don't think it's gonna be a quick deal, Mini will drag their heels for as long as they can and with their fancy lawyers right behind them.
Just ask Craig how long it can take.
You're best bet is that the car is fixed and you can trade it in, but, you might be obliged to mention any faults when and if you do that

[AndyP & Lenore]

I don't think it's gonna be a quick deal, Mini will drag their heels for as long as they can and with their fancy lawyers right behind them.
Just ask Craig how long it can take.
You're best bet is that the car is fixed and you can trade it in, but, you might be obliged to mention any faults when and if you do that


I don't think he's obliged to mention diddly squat. It's for them to find the faults. They do the vehicle appraisal. He probably couldn't make a false statement like say the car has 2.0L engine, but I am sure he isn't required to bring any faults to the dealers attention.

A.:D

[Scottie]

unless you have agreement with the dealer and Mini UK about rejecting the car then I reckon it will be a good few weeks for it all to be sorted and you won't get all your money back. I think it would be easier to reject had you taken the car back a couple of days after purchase and just not accepted the car at all.

I know it is a bit like closing the door after the horse has bolted but. I know most folk go down the road of trying to reject the car.

But I am sure (well almost) that laid out in the terms and conditions of the sale between you and the dealer there will be a clause of a cooling off period.

some are 7 days after collecting it will state that the car will not have covered mileage greater than> etc etc.

If you get your car and it is not right from the off that is the time you should hand it back to the dealer and say nope it's not right don't want detailing all the hideous faults it has

and the most important thing is not to get drawn into to this "you have to give us a fair chance to fix the car" because you are exercising your "cooling off period"

I wonder how many off us are asked by the dealer to read their terms and conditions of sale


where is that fine print on a Mini Invoice on the back.????

[Scottie]

here is Seat's terms and conditions about cooling off

6. Cooling off period

6.1 Where the Buyer is a consumer within the meaning of the Regulations the Buyer shall (subject to clauses 6.2, 6.3, 6.4 and 6.5) be entitled (by notice in Writing to the Seller) to cancel any Order within 7 Working Days after the day of receipt of the Car (the "Cooling Off Period".)

6.2 The Buyer shall not be entitled to cancel the Order pursuant to clause 6.1 if:

6.2.1 the Car has been made or modified to the BuyerÃ*s particular specification;

6.2.2 the Buyer has failed to take reasonable care of the Car;

6.2.3 the mileage recorded on the odometer of the Car has increased by over 150 miles as compared with the Mileage.

6.3 The Car must be returned to the Seller at the Distribution Centre or collected by the Seller from the Delivery Address or other such address as may be notified to the Seller by the Buyer, subject always to the payment of the Cancellation Fee, by the Buyer, within 10 Working Days of the date of cancellation of the Order with a copy of the receipt provided to the Buyer in accordance with clause 8.2. If they Car and the receipt referred to above are not so returned, the Car shall be deemed accepted by the Buyer and the Buyer shall not be entitled to reject the Car.

6.4 Where the Seller supplies the confirmation of the information specified in clause 3 after the Delivery Date to the Buyer, the Cooling Off Period will be extended to 7 Working Days beginning on the day after the date on which the Buyer receives such confirmation.

[Scottie]

I have just read Mini's terms and condition of sale

It would appear that you can only use the 7 day cooling off period if you have bought the car without any face to face contact with the dealer. Maybe that is the case with all car dealers.

So the thing to do is buy the car via email of over the phone. H'mm sounds a good idea to me:) :) so take note any future buyers.:eek:

[Craig]

John, I wouldn't worry about your gearbox issue, it will most probably be a new dualmass flywheel and clutch. That is what sorted my gearbox problem.

As for rejection.... you have to have an understanding dealership. I formally rejected my car on the 21st February. THis was refused by MINI and the Dealer stating that I needed to give them an opportunity to fix it first before they would even entertain it. I know now that that information is wrong and I should have stuck to my guns.

We are now at the 19th May and MINI and the Dealer have failed to fix all of my problems yet, therefore I will be writing another letter shortly to say that I have given them more than a reasonable time to fix all the faults and they have failed, therefore I will be rejecting the car:eek: . The car is still inherently faulty and therefore "not fit for purpose" under the sale of goods act. I have now had the car since the 13th Jan and the first time the car was looked at by the dealers for some of the problems was the 24th Jan, therefore they have had nearly 4 full months to fix it.

I would think that you would have a battle on your hands, especially as you have already signed for a new car.. Best of luck tho..

[illegalhunter]

well i havnt signed anything yet but iam well sick of the hassle of the mini

[illegalhunter]

Well took it back today eith the letter saying if the car ahs anymore faults or is not repaired by the 1st june iam rejecting. They ahd the check to ask me to pay for the courtesy car , phoned Mini & tore a strip off them, wait with baited breath.

[KenL]

The stuff about cooling off period is nothing to do with a car being faulty.

Goods which are faulty are a separate issue.

[AeroJonny]

Well took it back today eith the letter saying if the car ahs anymore faults or is not repaired by the 1st june iam rejecting. They ahd the check to ask me to pay for the courtesy car , phoned Mini & tore a strip off them, wait with baited breath.

surely when they're making you pay it ceases to be a courtesy?!!! :mad::mad::confused: This does my head in, they rarely even offer me one. :eek:

[Scottie]

The stuff about cooling off period is nothing to do with a car being faulty.

Goods which are faulty are a separate issue.

not sure you are right about that one.

[AndyP & Lenore]

not sure you are right about that one.


Not like me to agree with KenL on (almost) anything, but I think he's right on this one Fi.

I would have thought a "colling off period" is more to do with any finance agreements entered into within the purchase of a car, covered by the Consumer Credit Act.

Whereas faulty goods are covered by the Sale Of Goods Act - no prescribed cooling off period, just an automatic right to fault free goods etc.

Although I know you seldom finance cars Fi, so I may be wrong because you brought up the cooling off period subject, so not sure where you saw it.

Someone correct me if I'm wrong.:eek:

A.

[Scottie]

Not like me to agree with KenL on (almost) anything, but I think he's right on this one Fi.

I would have thought a "colling off period" is more to do with any finance agreements entered into within the purchase of a car, covered by the Consumer Credit Act.

Whereas faulty goods are covered by the Sale Of Goods Act - no prescribed cooling off period, just an automatic right to fault free goods etc.

Although I know you seldom finance cars Fi, so I may be wrong because you brought up the cooling off period subject, so not sure where you saw it.

Someone correct me if I'm wrong.:eek:

A.

I was simply reading the terms and conditions on the back of the Invoice issued at the time of purchasing the Mini from the dealer.

Terms and conditions are what a company has to legally state on the back of any invoice they issue.

could be car dealers -oil companies - or a sweet company that supplies cinemas. This have nothing to do whether you take anything on finance.

As I said in my post re reading the terms it would seem that if you buy a car unseen i.e over the phone or via email you are entitled to a cooling of period.

Read the back of the invoice you get from the dealer that you are buying your new Mini from.

[KenL]

Not like me to agree with KenL on (almost) anything, but I think he's right on this one Fi.




Eh :confused:

[euan]

If you buy a car unseen you get a cooling off period - this is why if you upgrade a phone over the phone you get 7 days to return it but you don't if you buy it in person. Think this is the consumer goods act.

There is a seperate cooling off period which is for any financial agreement which is what Ken and Andy are talking about.

However, if you buy the goods outright in person, you are not eligiable to a cooling off period (where you can return the goods no matter what) as you are expected to have inspected the goods for faults that you can see. If the thing you bought subsequently breaks (as in this case) it would be under faulty goods and not the cooling off periods.

[Scottie]

well I am not 100% sure if the law is different for used cars against new cars
but If you want to return a faulty car and get your money back you must act quickly, because your right to do so soon expires. Currently, if you pay by cash or cheque, you must return the car within the first three weeks of delivery - although even if you are too late for a refund you can still claim the cost of repairs for a faulty car. And if the car is beyond economic repair, you will be entitled to nearly all your money back.

You have a longer period to claim a refund if you buy a car on hire purchase or under a conditional sale agreement. This is because the law allows you to return the car and get your money back throughout the period of the credit agreement. It won't be a full refund, though, since the finance company can retain an amount to reflect your use of the car up to the time it is returned.

[AndyP & Lenore]

well I am not 100% sure if the law is different for used cars against new cars
but If you want to return a faulty car and get your money back you must act quickly, because your right to do so soon expires. Currently, if you pay by cash or cheque, you must return the car within the first three weeks of delivery - although even if you are too late for a refund you can still claim the cost of repairs for a faulty car. And if the car is beyond economic repair, you will be entitled to nearly all your money back.

You have a longer period to claim a refund if you buy a car on hire purchase or under a conditional sale agreement. This is because the law allows you to return the car and get your money back throughout the period of the credit agreement. It won't be a full refund, though, since the finance company can retain an amount to reflect your use of the car up to the time it is returned.

Fi, just out of interest, where are you getting your "three week" figure from? I understood the Sale Of Goods Act to refer to "A reasonable period of time" - which as yet has not been defined as only a court can determine what is reasonable and what is not.

A.:confused:

[Scottie]

Fi, just out of interest, where are you getting your "three week" figure from? I understood the Sale Of Goods Act to refer to "A reasonable period of time" - which as yet has not been defined as only a court can determine what is reasonable and what is not.

A.:confused:

the guardian newspaper.;)



Alan Wilson
is a senior law lecturer at the University of East London and barrister who specialises in consumer law

seriously though

Knowing your rights and where you stand and how to act in the first instance should anything go wrong.

[illegalhunter]

Well i was in today to get my phone charger and my car is sitting there. I asked what was happening , they are waiting for BMW tec to get back to them.wELL NOW THEY TELL ME THAT THEY CANT FIND THE PART THAT NEED RE[PLACED SO THEY ARE WAITING TILL THE 1ST JUNE SO THE REGINAL GUY CAN HERE THE NOISE. ITS UP TO HIM.

[AndyP & Lenore]

the guardian newspaper.;)



Alan Wilson
is a senior law lecturer at the University of East London and barrister who specialises in consumer law

seriously though

Knowing your rights and where you stand and how to act in the first instance should anything go wrong.


Well, I have to admit, I've never heard of the three week thing before. Wouldn't want to contradict a senior law lecturer, but when our Honda CRV proved to be a lemon, I successfully rejected the car and it was replaced by Honda. 6 months after purchase!!!:eek: It was financed, but the finance co. had nothing to do with it, our new vehicle simply transferred onto the existing finance agreement.

A.:D ;)

[illegalhunter]

Well the BMW Tec is coming 1st june from England ,as for the curtesy car Mini are paying for that & will pay my bank loan this month.Ive to the dealer i want to be there when he drives my car.