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Complicated Warranty Issue


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#1 B20A

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Posted 09 December 2013 - 06:23 PM

I wonder if anyone can please advise on a very, very complicated story:

I bought a Mini Cooper S Convertible (late 2010 model) in early 2011 (40th bday present). I took the car to France, where I live and where it is now registered.

In early summer 2013, the roof retracted but occasionally would not raise back to the closed position. After a while with the engine off, the roof would raise as if nothing had been wrong. As it was an infrequent problem and always worked eventually, I did not have it looked at officially.

As the end of the 3 year warranty period approached in Sep 2013 (2 yrs European, 3rd year UK only), the problem became more frequent, so I reported the issue to my dealer and to mini customer services UK, as well as the local French and Swiss dealership (I live on the border with Switzerland).

UK customer services advised me to book it in to a UK dealership in advance of the warranty period running out, even if that meant getting the car to them after the date. Thus, I called the closest UK dealer in Kent who kindly advised I could take it to them, have a courtesy car etc. Mini UK also said that if I had the vehicle repaired in Europe before the end of the warranty period, I could reclaim the cost from the original dealer from where I purchased the car.

In the meantime, I was checking with Mini Geneva to ensure that they were definitely not able to fix the issue under warranty. They said the warranty was UK only but as a goodwill gesture, kindly offered to check the roof. They conducted 160 checks and confirmed there was nothing wrong with the system. They thought I must be blocking the sensors in the boot (a well documented problem on mini forums).

However, the first weekend after the warranty ran out, the roof jammed in the 'down' position. This time it would not return at all and, during a break in the rain storms that week, I rushed the car to Geneva to get it fixed. This time, Geneva discovered a problem with the system and had to reprogram the car at a cost of CHF 1000 (roughly GBP 700).

Mini UK are now refusing to offer any goodwill compensation claiming that the vehicle was repaired outside of the warranty period and that is final. I feel aggrieved given that the tone of all my (well documented) emails and phone calls was to avoid getting in to this position.

Clearly, the ultimate fault lies with Mini Geneva who failed to identify the problem within the warranty period. However, as they only did this as a goodwill gesture, they will not entertain any compensation either.

Any advice?
  
 

 



#2 cal844

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Posted 09 December 2013 - 06:33 PM

trading standards!!



#3 Carlos W

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Posted 09 December 2013 - 06:37 PM

Firstly, this is predominantly a classic mini forum, you may find people with similar problems on sites such as www.mini2.com

 

My advice would be, as you reported the fault before the end of the warranty period they should be fixing the fault under warranty.

 

Keep arguing, find people with the same faults, then write to MINI UK with all of this info and ask them to refund you the cost of the repair!



#4 Tamworthbay

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Posted 09 December 2013 - 06:43 PM

Another New MINI fault! They are not the best in terms of build quality to say the least. Go back on a Saturday afternoon, wait until its busy and talk LOUDLY until they sort it. Good luck.

#5 Guess-Works.com

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Posted 09 December 2013 - 06:45 PM

Did you do what Mini UK asked... book the car in for a repair under warranty or did you wait until the 3 year warranty had expired, if the latter then I suggest you are unlikely to get anywhere with a warranty claim.. It would be a total good will gesture from MINI UK



#6 Badboytunes

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Posted 09 December 2013 - 06:46 PM

MINI are ******* when it comes to customer services outside of warranty. Try www.totalmini.com for possible answers as I doubt you will have much joy on here.



#7 lrostoke

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Posted 09 December 2013 - 08:42 PM

Does having it repaired in Switzerland come under what MIni UK meant by repaired in Europe, with Switzerland not being part of the EU...It's sort of its own little landlocked Island ??

It could end up being a get out clause for Mini UK



#8 B20A

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Posted 10 December 2013 - 10:58 AM

Thanks Guess-Works,

 

It's not quite so black and white, I'm afraid (although it is according to Mini UK.  I did book my vehicle into a mini dealership in Kent BEFORE the warranty expired and had every intention of taking it there, having been offered a courtesy car for the duration of the repair.

 

However, at the last minute, Mini Geneva kindly offered to check the car over, despite having no warranty obligation to do so.  Again BEFORE the end of the warranty period.  They said they conducted 160 separate checks and found no issue with the system.  Of course, I was left satisfied that there was no requirement to take the vehicle to a UK dealership.  Mini engineers in Switzerland must be as qualified as Mini engineers in the UK after all, no?  

 

Unfortunately, 5 days later, the roof stuck permanently.  I had no choice but to take the vehicle to the nearest dealership ie Geneva, to be fixed.  

 

What could I have done differently (other than seek advice from a crystal ball)?

 

Grateful for any other input. 



#9 Carlos W

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Posted 10 December 2013 - 11:18 AM

Lets move away from warranty for a moment!

 

If it was my car, and it had broken 5 days after the warranty had run out I'd be arguing under the sale of goods act that it hadn't lasted a reasonable amount of time! 

 

I think you're entitled to a refund on your money, although the garage in Geneva didn't find a fault, that doesn't mean there wasn't one there! 

 

you need to stick to your guns on this!



#10 cal844

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Posted 10 December 2013 - 11:21 AM

Lets move away from warranty for a moment!

 

If it was my car, and it had broken 5 days after the warranty had run out I'd be arguing under the sale of goods act that it hadn't lasted a reasonable amount of time! 

 

I think you're entitled to a refund on your money, although the garage in Geneva didn't find a fault, that doesn't mean there wasn't one there! 

 

you need to stick to your guns on this!

 

 

sale of goods act... id say go for it!



#11 Guess-Works.com

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Posted 10 December 2013 - 12:02 PM

I'm not sure what the sales of good act is going to achieve...

 

Has the object you've purchased not been fit for purpose since you bought it ??? then yes sales of goods act will help...

 

If you have a problem during a warranty period, then you have every right to it being fixed, by the company which sold you the object. Now correct me if I'm wrong but Mini UK is a different company to MINI else where in the world, which is why they asked you to return the vehicle to a franchise in the UK

 

I'm not saying, don't pester MINI UK as much as you can.... but I think it's going to be difficult... the thing which goes in your favour is you have a per-arranged booking at a franchise in Kent for the vehicle to be examined and repaired if necessary,  this has been arranged prior to the warranty expiry but is scheduled until after the warranty expired... In the time between the booking being made and the date of the booking the vehicle part has failed and you had to have it repaired locally.

 

I hope before you got it repaired you informed MINI UK of this and asked for advice. This I believe is the most important thing, because if you didn't you have not provided the retailer ( person who sold you the vehicle ) the opportunity to repair/put right the vehicle.

 

This is how I understand the sales of goods act, and warranties as a trader....



#12 Carlos W

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Posted 10 December 2013 - 01:34 PM

I'm not sure what the sales of good act is going to achieve...

 

Has the object you've purchased not been fit for purpose since you bought it ??? then yes sales of goods act will help...

 

If goods which are expected to last six months don't, it'll be presumed that the goods didn't conform to the contract at the time they were bought unless the seller can prove to the contrary



#13 Tamworthbay

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Posted 10 December 2013 - 08:09 PM

I'm not sure what the sales of good act is going to achieve...
 
Has the object you've purchased not been fit for purpose since you bought it ??? then yes sales of goods act will help...

 
If goods which are expected to last six months don't, it'll be presumed that the goods didn't conform to the contract at the time they were bought unless the seller can prove to the contrary[/size]
Exactly! There has been a ruling in the EU on this. White goods are expected to last at least 5 years, as are TVs and stereo type equipment. PCs and related are 2 years. I am not sure what was decided for cars but you bet its longer than the warranty. Only possible issue I can think of is the Swiss dealer input as they aren't in the EU.

#14 B20A

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Posted 11 December 2013 - 06:38 PM

Thank you to all for the helpful input.  For guess-works: I had no option but to take the vehicle to the local dealership to have the roof put back upright.  It had spent saturday night until monday morning under tarpaulin, exposed to howling rain and potential vandalism.  In the first break in the weather, I rushed it to the Geneva dealership.  They fixed the issue but told me I'd have to pay or I couldn't leave with the car, which makes sense if you're the dealership.  The dealer in the UK could not have given me any other solution other than putting it in a container and shipping it to Kent...  



#15 klivins

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Posted 12 December 2013 - 06:39 PM

a) if MINI UK said they are not paying, they most probably are right. They do not want to have bad publicity, do they, for doing things entirely wrong and unlawful?

b) Im glad I dont own a new MINI - was tempted, very tempted, but then we god baby number 3, and even MINi was too mini...

c) 700 for reprogramming the thing... Bloody hell...






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