Problem with brand new Mini

gillw72

Hello

We purchased a brand new Mini Cooper on a PCP back in August last year. We picked it up from the dealer at the end of November, and everything was fine until about three weeks ago when we noticed a knocking noise from the steering. By this time, we had only had the car for about six weeks, and it had only completed just over 400 miles.

After some negotiation, we finally got the dealer to agree to collect it for inspection. A few days later, they informed us that the car needed a new steering rack/column and that the part is on backorder, with an anticipated delivery date at the end of February.

We decided to give the dealer a chance to fix the problem but made it clear that if the issue persisted, we would reject the vehicle. Our concern is that even though we were quoted the end of February, since the part is on backorder, we are worried it might drag on indefinitely. We have also escalated the matter to Mini directly, but at this point, they haven't provided any further clarity on whether the part will be supplied on time. So for now, although we have a hire car provided by the dealer, we are not currently using the car we are paying for.

I wanted to check if this aligns with our consumer rights. Is it reasonable to give them this opportunity, and can we reject the vehicle if it is returned with the same issue, or if the issue reoccurs within a short period of time? Alternatively, is the problem significant enough, or are the timescales vague enough for us to push the dealer to order a replacement vehicle for us?

Any advice greatly appreciated.

DE_612183

Surely should have been fixed under warranty and you get given a replacement vehicle till it is sorted?

the_lunatic_is_in_my_head

Hello OP

Trader only gets one repair/replace attempt and if anything else* (not just the same problem) occurs then you can reject for a refund.

Burden of proof is upon yourself after 6 months which is covering you up until the end of May. Motor vehicles are exempt from the usual 6 month rule of a full refund so a deduction for use can be applied at any point (NB that deduction is for use, not a deduction to match the depreciated car value). 

You are entitled to a repair or replacement and can stipulate either but the trader may reject one over the other if disproportionate, so a new car probably is disproportionate over a repair thus you don't have much argument under consumer rights for replacement new car.

The repair/replacement must be carried out without significant inconvenience and within a reasonable time, these are not defined and thus subjective however if they have given you a date of the end of Feb yet they then fail to meet that (and you wish to) I'd push for the rejection/refund. 

I'm guessing the car was over £30k? Did you use any finance linked directly to vehicle? If so others will advise whether S75A applies and whether you have rights to exercise your entitlement against the credit provider as well as the trader. 

*When I say "anything else" that means anything where the goods do not conform under the requirements of the CRA, you currently have a steering rack issue, if they fixed that but then there was then an engine issue (not caused by yourself) then you can still reject. 

visidigi

DE_612183 said:

Surely should have been fixed under warranty and you get given a replacement vehicle till it is sorted?

it is, the OP states they have a courtesy car till its fixed.

A_Geordie

You need to be careful with this because the dealer is unlikely to be the seller of the vehicle notwithstanding the fact you dealt with the dealer in the sale. Under a PCP agreement which is essentially hire-purchase, the dealer acts simultaneously as the seller and the agent of the creditor of the PCP agreement. It is a three-way arrangement where the dealer sells the vehicle to the creditor who in turn hires the vehicle out to the consumer under the PCP agreement.

So the owner of the Mini will be the creditor, not the dealer. If you haven't informed the creditor of the issues, then there may be legal issues further down the line if the vehicle is replaced or you seek a refund or reduction in price. 95% of the time, when you notify the creditor of the problems they would normally directly you back to the dealer but by going to the dealer without the knowledge of the creditor, may give them a defence to any rights exercised under the Consumer Rights Act.

Also, is the courtesy car a like for like? If not, consider the issue of causing significant inconvenience the longer the delay continues. My suggestion would be to at least put the creditor on notice (phone call then follow up in writing/email) of the issues and what the dealer is currently doing so they are aware of the situation. 

born_again

DE_612183 said:

Surely should have been fixed under warranty and you get given a replacement vehicle till it is sorted?

You need to read warranty T/C as many do not cover a temp car. That is down to dealer to supply.

gillw72

Thanks for all the replies to my question.

We did manage to argue for a loan vehicle whilst the repair is carried out and the dealer arranged this through Enterprise.  They have provided another Mini although it's not the same model, but could be argued it's as close to like for like as we are likely to get.

A_Geordie The car was purchased via a PCP, so thanks for the advice on notifying the finance company which we will do asap.

We have tried to push the dealer and the complaints team at Mini directly for a more accurate delivery date for the part, but both are unable to commit to a firm date, so I guess we will have to wait & see what happens. Our fear is the issue drags on & on, so we will have to try and set some kind of reasonable deadline with them as we are currently paying for a car we dont have.

powerful_Rogue

gillw72 said:

Thanks for all the replies to my question.

We did manage to argue for a loan vehicle whilst the repair is carried out and the dealer arranged this through Enterprise.  They have provided another Mini although it's not the same model, but could be argued it's as close to like for like as we are likely to get.

A_Geordie The car was purchased via a PCP, so thanks for the advice on notifying the finance company which we will do asap.

We have tried to push the dealer and the complaints team at Mini directly for a more accurate delivery date for the part, but both are unable to commit to a firm date, so I guess we will have to wait & see what happens. Our fear is the issue drags on & on, so we will have to try and set some kind of reasonable deadline with them as we are currently paying for a car we dont have.

On the other hand you're not adding mileage to it or any wear and tear. You also have a hire vehicle.

Hoenir

gillw72 said:

We have tried to push the dealer and the complaints team at Mini directly for a more accurate delivery date for the part, but both are unable to commit to a firm date, 

Be a third party supplier something out of direct control.  

gillw72

By way of an update. The dealer contacted us last week to advise the repair was completed. They delivered the car back to us , but frustratingly the second time we drove it, it was the evident the problem was still there.

Therefore, we have advised them we are rejecting the vehicle and at the same time we also advised Mini complaints and Mini finance.  The dealer has requested a joint test drive to confirm the problem does indeed still exist, which is reasonable although we did send them a short video where the problem can be clearly heard.

At the moment the dealer are dragging their heels over the arrangements for the test drive so I'm not sure what we can do to speed this process along or whether they will even agree to the rejection.  Can we complain to trading standards or do we need to get a consumer law solicitor involved to manage this for us?

born_again

gillw72 said:

By way of an update. The dealer contacted us last week to advise the repair was completed. They delivered the car back to us , but frustratingly the second time we drove it, it was the evident the problem was still there.

Therefore, we have advised them we are rejecting the vehicle and at the same time we also advised Mini complaints and Mini finance.  The dealer has requested a joint test drive to confirm the problem does indeed still exist, which is reasonable although we did send them a short video where the problem can be clearly heard.

At the moment the dealer are dragging their heels over the arrangements for the test drive so I'm not sure what we can do to speed this process along or whether they will even agree to the rejection.  Can we complain to trading standards or do we need to get a consumer law solicitor involved to manage this for us?

Trading std do not engage with the public.
Getting a solicitor will not speed it up either.

Most pressure would be from finance side.