Faulty brand new car

Lillie1

Can anyone help

In September 2010 I bought a brand new mini cooper convertible, in the year I have owned the car it has been back at the dealership more than on my driveway! It is now on it's fourth new roof (roof colour now different too the one I bought) and has been on the back of a tow truck twice after breaking down in the dark late at night. I have now told mini after the latest episode that I want a new replacement, BMW have come back and said all they can offer is a like for like with the same mileage I think this is unacceptable and that under my consumer rights a new replacement should be offered. After all surely your rights are your rights I.e if I bought a new washing machine and it wasn't fit for purpose they would offer a new replacement and NOT a second hand one!

Please if anyone has any advice or simular problems I would appreciate your feedback.

Lillie1

alistair.long

Lillie1 wrote: »

Can anyone help

In September 2010 I bought a brand new mini cooper convertible, in the year I have owned the car it has been back at the dealership more than on my driveway! It is now on it's fourth new roof (roof colour now different too the one I bought) and has been on the back of a tow truck twice after breaking down in the dark late at night. I have now told mini after the latest episode that I want a new replacement, BMW have come back and said all they can offer is a like for like with the same mileage I think this is unacceptable and that under my consumer rights a new replacement should be offered. After all surely your rights are your rights I.e if I bought a new washing machine and it wasn't fit for purpose they would offer a new replacement and NOT a second hand one!

Please if anyone has any advice or simular problems I would appreciate your feedback.

Lillie1

I would accept that offer if they can also make you the first owner, ask them.

Lillie1

If they offer me like for like, the same mileage etc.... I wouldnt
Be the first owner as I have owned my car for a year and been very patient about all the issues, but now have come to the end of my tether with it all !

arcon5

So long as it's like for like mileague and condition (barring the issues ) then I don't see a problem with it. You definately won't be the first user though, otherwise the mieague would be 0 but I can't forsee them ever giving you a brand new one after you've had it for a year.

moonrakerz

Read the Sale of Goods Act.............

arcon5

moonrakerz wrote: »

Read the Sale of Goods Act.............

Who.........

Lillie1

I am just worried that accepting their offer of a like for like, am I could potentially just be inheriting a whole new set of problems, which is why I bought a new car in the first place, I wanted a reliable car.

arcon5

Lillie1 wrote: »

I am just worried that accepting their offer of a like for like, am I could potentially just be inheriting a whole new set of problems, which is why I bought a new car in the first place, I wanted a reliable car.

I can understand your concerns, if the car you received was worn and rundown. But since you car is only one year old I assume it is still in an as-new, neat and tidy condition -- which is exactly what you should expect/demand from the replacement, and nothing less!

Also have the AA inspect it and provide a report to ensure it is infact a like for like condition -- and if there are any discrepencies then reject it.

shaun_from_Africa

I think this is unacceptable and that under my consumer rights a new replacement should be offered. After all surely your rights are your rights I.e if I bought a new washing machine and it wasn't fit for purpose they would offer a new replacement and NOT a second hand one!

There is nothing written into consumer rights that entitles you to a new car especially as it is one year since you bought it.

With the washing machine, you would be entitled to a new replacment or a full refund but only if it was faulty when delivered and you rejected it within a reasonable time.
Once you have accepted it and it becomes faulty afterwards, the retailer is entitled to repair. replace or refund (their choice), and any refund can have a deduction from the price paid to cover the use that you have had of the goods.

By offering you a replacment car with the same mileage, the dealer will be putting you back in the same position that you would have been if there hadn't been any problems with your original car. (providing that the replacment is of the same or better spec and condition of the car you currently have).

bris

There is nothing wrong with their offer. Even if they were to give you a refund it would be at the cars current value and not what you paid, they are doing what they need to, not what you want them to do.

visidigi

take their offer, if they replace ALL reasonable wear and tear items on the replacement.

It should have new filters, all service stamps, full service before delivery to you, full replacement of brakes and pads, all tyres should have minimum wear etc etc.

This would be the bargaining point I would make, this would likely leave you with lower consequential costs too.

Used or new (as your case shows) you could be asking for problems with any of them, just make sure you try and minimise (no pun intended) your cost base on the replacement by way of compensation for issues caused.