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Mini UK - Handing back a mis-sold car?


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I'm looking for some advice if possible as I believe I've been mis-sold a car.

 

 

The car in question is a 2015-plate Mini Cooper SD and picked it up back in March this year. It was 'bought' on a 4yr PCP deal and the car was already at the main dealer premises having been 'pre-reg'.

 

 

I stressed to the salesman on three separate occasions that I go kayaking and therefore the car must be compatible with roof bars. On the evening when I collected the car I explicitly mentioned it again and he responded by saying that "yeah, there is something available that clips onto the trim around the roof". If you've driven a Mini you'll know that this trim is plastic and not structural.

 

 

I therefore looked into buying roof bars and decided to go OEM as I've always done this in the past, however it became apparent that you can't simply buy and fit these roof bars. It turns out that the car must be spec'd for this at the manufacture stage and given that mine was already on the lot, this was never an option. Needless to say, the salesman never thought to mention this and had I known that this was the case then I'd never have gone through with the deal.

 

 

Following an initial complaint, the dealership then offered to have the equipment 'retro-fitted' for around £1000. This worried me because when checking Mini forums it was noted that you couldn't retro-fit roof bars to the cars as they must have 'strengthening' works done during manufacture. Infact, one user went on a factory tour and was told by factory staff that retro-fitting was not possible at all.

 

 

I spoke to Mini UK who have since told it can be done and I've managed to get them down to £300 outlay to me which they say is the cost of the roof bars. Given that never paid more than £180 for OEM roof bars I queried the cost with other Mini dealerships (parts depts) who all to a man said that my car was 'incompatible' according to their systems.

 

 

In addition, my paperwork on the deal stipulates that the car is a 143bhp version while I was explicitly told that it was a 2015 170bhp version.

 

 

I have no trust whatsoever in the dealership and would like to look at handing back the car. Is it possible given the lies from the dealer staff above?

 

 

 

 

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Although there is no specific time by which rejection has to be done, 5 months isn't too long and you can easily argue that the time period for rejection doesn't start until you find out that you were misled and the car mis sold.

 

 

Unless you can record the calls, don't contact them by phone. If you make face to face contact, have your mobile in your shirt pocket and record the conversation otherwise, make all communication by letter. If you think they might not admit on paper they mis sold it, then maybe recorded telephone calls or recorded face to face would be in your favour.

You don't have to inform them you are recording, it is not unlawful to do so.

 

 

I can't see how they can fit a roofrack to this car as that will either increase or decrease the value and as the final balloon has been calculated from the outset value it could well invalidate the pcp.

 

 

You should list all the problems and the assurance you were given at the time of purchase, emphasising the car is not fit for the purpose which you repeatedly informed them of and when you found out it was not the bhp of the car you were told you were buying.

 

 

You should tell them you reject the car for either the one you requested and they said they were supplying or to accept the car back without any financial penalty to you.

 

 

We can only assume that the value of the 170bhp is higher than the 143bhp version in which case the pcp could have been mis calculated and you maybe making higher payments than you should be.

 

 

With a PCP you do have full protection under the Consumer Credit Act 1974 and the Financial Services Regulations 2004.

Edited by Conniff
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Raised complaint directly with Mini Financial Services today (finance through them) so expecting a response within 72hrs. All being processed under a request for them to take the car back (Rejection) and refund me the trade in value of my old car. Not sure how successful this will be but fingers crossed.

 

Thanks again Conniff for the advice

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You might need to push a bit and not just take the first response from them as their final answer.

 

You can compare your problem with being sold a Nova 1200 when you told the sales you wanted to tow a 6 berth caravan or horse box.

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