Passed Test
Posted 26 April 2016 - 09:00 PM
I know Pete, me too!
If I wanted to risk it I'd have bought another £3k mini off eBay and saved myself some money.
There was a super cute glittery pink one on there for just under £3k as well!
Still, Winnie caught my eye and it was love at first sight.
Just wish she looked as nice underneath as she does on the outside!
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Posted 26 April 2016 - 09:01 PM
18th of April isn't long ago, to be honest I'd have rang them and spoken to them long before going down the recorded delivery route. For all you know they may have been willing to put it right with no qualms.
Also naming and shaming this early isn't a good idea as it can damage your case against the garage.
Unless you tell me otherwise I'll remove all references to the garage name.
(also I love my elf as well!!)
Super Mini Mad
Posted 26 April 2016 - 09:05 PM
dont give up on her.you must be so angry with them.come on guys on here,there must be someone close by who could help out.
be careful with the recorded delivery option,im sure i read somewhere that they can say anyone could have signed for it,check out with the post office or send the company e-mails,that way you have proof youve sent them.keep onto them but dont get nasty with them,backing them into a corner is a no no.youll get nowhere.
Passed Test
Posted 26 April 2016 - 09:06 PM
Thanks Shifty, I was worried about calling as I wouldn't have any evidence of the response received.
The letter I sent was nice, as the service I'd received up to this point was fine.
Please do, and apologies - my aim wasn't to 'name and shame'.
Just desperate to seek advice from mini lovers.
Crazy About Mini's
Posted 26 April 2016 - 09:08 PM
Just wish she looked as nice underneath as she does on the outside!
Just like a lot of minis were previous owners bodge the body work just to scrape through an mot, mechanicals and electrics and spend all there money on the cosmetics and shiny tat.
If you have doubts about its current mot, you can no check its previous ones online... https://www.gov.uk/check-mot-history
Passed Test
Posted 26 April 2016 - 09:08 PM
Thanks Nolly, it is really disheartening.
I've never been in this sort of situation before. I was so upset, I was worried speaking on the phone would result in uncontrolled crying and no evidence of the response received. I could send them an email too though.
Thanks for your help,
Super Mini Mad
Posted 26 April 2016 - 09:10 PM
ps,im sorry cityEpete but this is not about what you would have expected for 7k,its helping out a fellow mini enthusiast.
Passed Test
Posted 26 April 2016 - 09:11 PM
Just wish she looked as nice underneath as she does on the outside!
Just like a lot of minis were previous owners bodge the body work just to scrape through an mot, mechanicals and electrics and spend all there money on the cosmetics and shiny tat.
If you have doubts about its current mot, you can no check its previous ones online... https://www.gov.uk/check-mot-history
1984 Mini25 You're so right. That's why I sent the letter as I thought perhaps they might not have known how bad the condition was underneath.
She has a Mini Forum sticker in the back windscreen so I was hoping someone who owned her previously might come forward!
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Posted 26 April 2016 - 09:13 PM
Thanks Shifty, I was worried about calling as I wouldn't have any evidence of the response received.
The letter I sent was nice, as the service I'd received up to this point was fine.
Please do, and apologies - my aim wasn't to 'name and shame'.
Just desperate to seek advice from mini lovers.
No worries, I've removed the garage name, it's just that it's not been that long since you sent the letter and they need a chance to respond or put it right.
I should also point out that neither TMF or myself have any vested interest in the garage in question either.
I'd go with a follow up call/email to see if they've received the letter and plan the best course of action.
Passed Test
Posted 26 April 2016 - 09:17 PM
No problem Shifty.
Thanks for your help and advice, muchly appreciated.
I'll be brave and give them a call tomorrow to see if they received my letter (the tracking says its been signed for but as someone else said I guess it's best to check!)
Thanks all, fingers crossed.
One Carb Or Two?
Posted 26 April 2016 - 09:53 PM
If it were me I'd be going round to the garage to discuss it with them face to face and politely ask them to put it up on ramps to inspect it.
They may have been completely unaware of it's hidden issues if they've just flipped it on.
Dont go all 'legal heavy' with them and only take it further if they refuse to deal with it. You might be suprised, but unfortunately the timeline is not on your side.
Sincerey hope you get it sorted out and please keep us updated.
Passed Test
Posted 26 April 2016 - 09:56 PM
Uncle Cooperman, Voted Mr TMF 2011
Posted 26 April 2016 - 11:08 PM
Very sorry to hear of your problems with the Mini.
But don't lose heart. There is a lot of help and encouragement on here.
I am not a lawyer, but I've been around business and the law for many years and my take is as follows:
You bought the car in good faith from a dealer and you are not a qualified person in terms of assessing the condition prior to purchase. The dealer has, by selling the car to you, made certain claims as to its mechanical condition even though he may or may not have put this in writing. He is deemed to be an expert.
You are fully entitled to expect the car you bought to perform well and to be safe and reliable for a reasonable time. For an older classic car it might be expected that some minor mechanical issues might crop up, but what you have (from what you have said) is a level of structural corrosion which could not have arisen during your time of ownership. A 12 month period might well be felt reasonable for corrosion issues.
It would be advisable to return to the vendor with the car and, most importantly, with someone who really knows their way around the Mini range and the problems with corrosion. You need someone on your side to help point out the issues and to discuss how they would have existed at the time of purchase.
Then see what the vendor offers. He may offer to do the work at no cost to you, or he may politely (or not) tell you to 'go away'. Either way you can then decide on your next step.
If the vendor offers to do the work have your independent expert discuss the full schedule of work needed, which you will need anyway whatever happens.
Should there be no offer of recompense my advice would be to find a solicitor specialising in consumer law. I've never found the CAB to be much use as they are not legal professionals and will not have the experience to be of any real help.
In the worst case you can issue County Court proceedings asking for a full refund. With a full independent report, supported by photographs, you will have a good case.
Be very professional with this and go one step at a time. Record everything and have full details of everything you do and all defects you and your expert finds. It may be that there are bits of corrosion you have not yet identified. From my own experience with a 1997 MPI which had 8 months MoT the rust can be very deep rooted.
If I lived nearer I would be pleased to do the assessment, but I'm sure there is someone on here much nearer who could help.
Good luck with this and if we can all help you that will encourage you not to let go of this. You will certainly get at least some of the costs back, or a full refund.
..is NOT a girl!
Posted 27 April 2016 - 12:25 AM
There is a time limit of 30 days for an automatic right to repair or refund, but that shouldn't apply here as it's unlikely to have got that rusty in the time since you bought her. You just fall under the Consumer Rights Act which came in on the 1st of October.
It will be up to you to show the car wasn't as described, or fit for purpose, at the time of purchase. Dig out any adverts or other evidence and find someone who can give an expert opinion on the rot. The poor repairs may help as it will be easier to claim they predate the purchase. Also do some research on the vendor, there's no point in taking it to court if there's little prospect of them paying up even if you win. I'd be inclined to go after the value of the repairs, it'll keep your court costs down, if it goes that far and sidestep any argument over residual value, the seven months use you've had etc.
If you're spending that much you really ought to ask for some sort of warranty.
One Carb Or Two?
Posted 27 April 2016 - 03:57 AM
In the US, there simply wouldn't be any recourse on a car this old, it would strictly be a case of you should have had it inspected by your own mechanic or shop BEFORE buying it. Best of luck but it seems to me your best bet is to fix it and drive it and enjoy it.
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