Mini cooper d - Used vehicle my rights on rejecting the car

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Thu 15 Oct 2020 22:23
Mini cooper d - Used vehicle my rights on rejecting the car - madzoe

Hi all. First time user. I purchased a used vehicle from a garage on 5th July 2020. On driving the car home I noticed the drivers mirror was moving around and had come away from the fixing, also no gas in air con.

On arriving home I emailed the garage and added a video of mirror and also about no air con gas. I was told to get air con regassed and they would send me the money. On getting re gas the garage said the condenser unit was corroded and would need replacing as it was going to keep losing, rang garage and they said to get a quote and they would pay.

Sent quote and heard nothing for 5 weeks so I called and got told to pay for it and they would pay me back, I didn't have the money so couple of weeks later rang to chase up about wing mirror to be told they thought it had been done ??...

Till this day neither have been fixed then on 25th Sept 2020 the car cut out while driving, timing chain snapped and it needs a new engine.. I have had a gut full nothing has been repaired from getting the vehicle so they have now said they will put a recon engine in but I'm not happy with paying for a car 5600 to now have a car with a recon engine.

Finance company have said I have to allow them to do the repair but I have had it 8 weeks at the time of chain failure and I need some advice. Surely as they have not been forthcoming in getting other repairs done I'm within my rights to reject as car is not fit for purpose. Sorry for the long story.

Edited by Avant on 15/10/2020 at 22:58

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Fri 16 Oct 2020 17:33
Mini cooper d - Used vehicle my rights on rejecting the car - Miniman777

Hmmm....Did you really think the garage would reimburse you? Guess they knew the condenser was shot.

Also, did you take anyone with you, with knowledge, to view the car, check service history, past MOTs etc, and the reputation locally of the garage, ie: undertake due diligence as this clearly isn't a main dealer but a used sales lot.

Sadly I fear you are only just beginning a big battle with this company who have no care for customer service, and so you'll have to get tough and start the process to reject the car. The timing chain is an added complication possible caused by insufficient oil changes as the petrol engine Mini's are well known for the timing chain 'death rattle'.

Hopefully someone on the forum can point you in the right direction with some solid advice, but the finance company also bear a responsibility.

BTW, out of curiosity, what is the age and recorded mileage of the car?

I hope the outcome works out favourable.

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Fri 16 Oct 2020 18:50
Mini cooper d - Used vehicle my rights on rejecting the car - joegrundy

You might find the information in these publications useful:

www.businesscompanion.info/sites/default/files/Car...f

www.financial-ombudsman.org.uk/files/2914/79.pdf

If you acquired the car on HP/PCP then the finance company is entirely responsible. The car dealer has no liability towards you. (The dealer sells the car to the finance company, which supplies it to you. Your contract is with the finance company.

The car must be of 'satisfactory quality' taking into account age, price, etc. If it is not, you have rights to a remedy under Consumer Rights Act 2015. You are too late to exercise the short-term right of rejection (applies in first 30 days) and must allow the finance company one chance to repair the defects.

S23 of CRA says:

23Right to repair or replacement

(1)This section applies if the consumer has the right to repair or replacement (see section 19(3) and (4)).

(2)If the consumer requires the trader to repair or replace the goods, the trader must—

(a)do so within a reasonable time and without significant inconvenience to the consumer, and

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

I suggest that you make a formal complaint to the finance company by phone, email, and in writing quoting the above and asking for their urgent proposals for rectifying the situation. Document everything.

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