John Clark are trying to rip me off!

[Jeff]

Folks I had a phoecall today from John Clark Tayside saying that I would have to pay £400 extra for my new MINI because the cost of parts at BMW had gone up. However I have already got a signed new vehicle order from November 30th. It states on the rear that this document contains all the terms of the contract and no amendment hereto shell be valid unless agreed in writing by an authorised official of the vendor. I have already paid a £400 deposit.

I don't think they have a leg to stand on as I am so pi**ed off I am considering cancelling the order and going to Grassicks BMW in Perth and getting my deposit back. It would bring the value ot the Cooper to £14,400, I would be better off getting a Cooper S.

[Gismo]

I think the fact you signed for a car that had a cost value attached for a specified delivery date should stand up.
However, i would expect there to be something hidden away in the very small print that may be beneficial to the garage, hemce the phone call.
Would be worth going in and talking to them first before doing anything drastic, remember to take in your signed order form :)

[minidriver#1]

dont stand for it. Tell em you wont pay it, haggle man, haggle. And what Bonnie Scotland said

[Vosh]

That seems a bit dodgy. I ordered mine at the start of November and picked the car up today and the price remained the same.

[KenL]

I remember in the small print in my agreement that the price could change if the manufacturer had put up the prices or taxes increased etc?

What exactly has gone up in price? I had heard all MINIs had gone up by £100 due to increase in delviery charge or something? There were increases to CHILLI pack prices but that was ages ago?

I'd get the low-down on what it's for and negotiate. If you are still not happy then you will be able to get your deposit back.

[3GGG]

Are you trading a car in with them? - If so then you could maybe haggle some more.
I'm sure they will have some weasel words in their 'agreement' that will allow them to increase the price under certain circumstances, but it is a very poor customer relations to have to do this. Before you do anything rash, first get a quote from another dealer, then go back to your dealer.

[Jeff]

I dunno what has exactly gone up in price as I was in Inverness today and I didn't take the phonecall, but I am going into see them at the weekend and get the exact details. Surely if you have a signed contract it would be impossible for them to increase the price without your signature and approval. The mystery deepens?

[Willie M]

Certainly seems a bit off. As Alan said, if you've got a signed contract at an agreed price that should be it. Watch the small print though, could be something hidden in there.

Like Vosh, I ordered my new car in November and picked it up on Saturday. No increase, not even a mention of anything. Price was as stated, and signed for, in November.

Kick up a stooshie Jeff. Let them know you ain't impressed. Best of luck and let us know how you get on.

[Steve74]

Jeff, a contract should be fair and reasonable under Scots law and if you both made the agreement in good faith then any small print designed to go against this principle may not stand up in court in my opinion. As you have a signed order effectively made on the terms and have paid a substantial deposit I would believe that the dealer should fulfill their terms agreed to. I would suggest looking into contract la, sticking to your ground and if you still get no further contact the following:

BMW Mini Head Office,
A consumer rights association and
A national press, preferably tabloid.

If you make the dealership aware of this I'm sure you will find the problem resolves itself.

I hope it works out for you and all the above is not intended as anything other than a personal opinion!

:evil:

[silver son]

Would point out that the contract is between you and the dealer - the law is very specific here and would think you'd have a good case to argue your point.
However there are no winners in any legal battle !!

I cant see a better argument than the others that have ordered cars at the same time and did'nt have to pay this 'increase'
If applied to one then it must be applied to all surely?

Phone a few other dealers and see if the story is the same?
Perhaps post a thread on the subject here & mini2 and ask any others that have cars on order if they have had similar calls - i would'nt think they have somehow !!!

Did you read in the paper today that BMW sales have slipped for the first half of 2003 ..... mmmmmmm !!