Dealer mis-sold Cooper S Works with FSH
Dealer mis-sold Cooper S Works with FSH
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jammy_basturd

Original Poster:

29,778 posts

242 months

Wednesday 4th August 2010
quotequote all
Hoping there is someone who can help me with my current predicament.

My girlfriend bought her S Works just over a year ago through the Mini Cherished scheme, but given the current economic climate she has decided to sell it to free up some disposable income each month.

In the process of putting the car up for sale, we've looked into the service history and realised that it is anything but complete, with just one service 40k miles into the cars life.

After querying the Mini dealer, who confirmed the service history, they have admitted that they were wrong to sell the car through their cherished scheme. It also transpires that the Mini had a TLC pack, which meant the servicing for the first three years of the cars life would have been free, odd that the previous owner never took this up!

Now, the dealer has offered to pay for a free inspection service as the beginnings of compensation. The manager at the dealer has also stated that he believes the lack of service history will have a direct impact on the value of the car to the tune of roughly £500.

So, what I'm currently trying to work out is what sort of compensation package I should ask for, on top of the service. Obviously we're now going to take a hit on the price that we can ask for the car now we are selling, against what we bought the car for thinking it had a FMSH. I was thinking that the recompense should amount to the service, the £500 that the dealer believes will be knocked off the cars value, plus 1-2x this amount for the increased effort it will take to sell a car in a market where so many of the cars have FSH, and the majority of prospective buyers will look for a FSH. Does this sound fair?

Ari

19,822 posts

245 months

Wednesday 4th August 2010
quotequote all
If you agree that there's £500 difference between a FSH car and a non FSH car, why do you expect more?

You're asking them to put you in an even better position than you thought you were in, which doesn't seem fair.

Sure, a non FSH car will be harder to sell, that's why it's £500 cheaper, to even this out.

E31Shrew

5,963 posts

222 months

Wednesday 4th August 2010
quotequote all
Is that really the first time in 12 months that youve checked the service history?

AMST09

570 posts

210 months

Wednesday 4th August 2010
quotequote all
Did you not think to check the service stamps?
TBH if I were you I wouldn't expect anything

jammy_basturd

Original Poster:

29,778 posts

242 months

Wednesday 4th August 2010
quotequote all
Ari said:
If you agree that there's £500 difference between a FSH car and a non FSH car, why do you expect more?

You're asking them to put you in an even better position than you thought you were in, which doesn't seem fair.

Sure, a non FSH car will be harder to sell, that's why it's £500 cheaper, to even this out.
Valid point.

OK, does £500 sound about right as the difference in value between a car with full FSH and one without?

I concede the difficulty of the question - you could say that it would sell at lot quicker at £1k less, but that doesn't mean it wasn't worth more.

And, no, we knew that it had been serviced just before she bought it, so we were basing the next service interval on that. At the end of the day it is her car, yes she should have checked the service history when we bought it.

james_tigerwoods

16,347 posts

227 months

Wednesday 4th August 2010
quotequote all
jammy_basturd said:
I was thinking that the recompense should amount to the service, the £500 that the dealer believes will be knocked off the cars value, plus 1-2x this amount for the increased effort it will take to sell a car in a market where so many of the cars have FSH, and the majority of prospective buyers will look for a FSH. Does this sound fair?
I think you're being a little unfair to the dealer here - they've admitted they're at fault. About as much as you can expect is the service and the money difference (at time of purchase) that you paid over what the car would have been worth (and maybe some other good will, but that is going to depend on how you act towards the dealership)

If I've read this right, you expect 1 to 2 times this amount just to sell the car in this market - that's excessive and, frankly, ridiculous - regardless of whether the car had FSH or not, the market would still be in the state it's in now and expecting the dealer to cover this isn't exactly fair is it?

ETA - whenever I've bought a car from a dealer (which has been a LOT), the first thing I look at is the history book. If the ad, or whatever, says FSH - that's what I check for.

Edited by james_tigerwoods on Wednesday 4th August 20:15

v8will

3,310 posts

226 months

Wednesday 4th August 2010
quotequote all
E31Shrew said:
Is that really the first time in 12 months that youve checked the service history?
Not difficult to lift the book out and have a scan through before parting with your money.

Best to see what the dealer is offering and take it from there (and write the whole thing off as a lesson learned) unfortunate situation but there is blame with both parties.

Valetco

377 posts

219 months

Thursday 5th August 2010
quotequote all
Why not ask the dealer to extend the approved warranty for another 12 months as a goodwill gesture? 12 months transferable warranty and a recent full service should be more tempting to a buyer than a oil service missed that may or not have been done anyway several years ago.

8400rpm

1,777 posts

197 months

Thursday 5th August 2010
quotequote all
Why not ask the dealer to buy the car back from you at a decent rate, and then let them have the worry of selling the car in this market?

aka_kerrly

12,505 posts

240 months

Thursday 5th August 2010
quotequote all
Or take the £500 and just sell it to the next person with FSH and hope they are as keen to check the service book as you were when you originally bought it?

goffahsez

525 posts

196 months

Thursday 5th August 2010
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8400rpm said:
Why not ask the dealer to buy the car back from you at a decent rate, and then let them have the worry of selling the car in this market?
+1, preferably what you paid for it!

I would always govern the purchase and sales of car regarding your missus, to see mistakes done happen!

Soovy

35,829 posts

301 months

Thursday 5th August 2010
quotequote all
8400rpm said:
Why not ask the dealer to buy the car back from you at a decent rate, and then let them have the worry of selling the car in this market?
If they think it's worth £500 less, then they should buy it from you for the book price less £500.


RJDM3

1,441 posts

235 months

Thursday 5th August 2010
quotequote all
I would try and get them to buy it back if at all possible.. no hassle for you.

The dealer made a mistake for sure, but as buyers so did you and your partner..mistakes happen, we are only human.

Jasandjules

72,602 posts

259 months

Thursday 5th August 2010
quotequote all
jammy_basturd said:
OK, does £500 sound about right as the difference in value between a car with full FSH and one without?
Yes, because that is in essence the loss that she would suffer as a result of the lack of servicing.


hornetrider

63,161 posts

235 months

Thursday 5th August 2010
quotequote all
Soovy said:
8400rpm said:
Why not ask the dealer to buy the car back from you at a decent rate, and then let them have the worry of selling the car in this market?
If they think it's worth £500 less, then they should buy it from you for the book price less £500.
Erm. Think about that for a second. You want them to fk him over not once, but twice?!

hehe

Dave_

530 posts

234 months

Thursday 5th August 2010
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So shes had it over a year and shes never had it serviced either then?

mercfunder

8,535 posts

203 months

Thursday 5th August 2010
quotequote all
8400rpm said:
+1, preferably what you paid for it!

WTF!!! So because he didn't bother to check the service history, he should be entitled to a years free driving?

This is 6 of 1, 1/2 dozen of the other, the OP shopuld have checked before parting with the cash, and the dealer should have checked before making the statement that it had FSH.

£500 is reasonable, why should you gain more, £500 will cover what you have to reduce the car by to flog it, or if you are after a quick sale, i will give you £1.50 for it............... get the difference from the dealer!



Edited by mercfunder on Thursday 5th August 11:19

NDT

1,767 posts

293 months

Thursday 5th August 2010
quotequote all
Valetco said:
Why not ask the dealer to extend the approved warranty for another 12 months as a goodwill gesture? 12 months transferable warranty and a recent full service should be more tempting to a buyer than a oil service missed that may or not have been done anyway several years ago.
Sounds the best solution.

okgo

42,150 posts

228 months

Thursday 5th August 2010
quotequote all
mercfunder said:
8400rpm said:
+1, preferably what you paid for it!

WTF!!! So because he didn't bother to check the service history, he should be entitled to a years free driving?

This is 6 of 1, 1/2 dozen of the other, the OP shopuld have checked before parting with the cash, and the dealer should have checked before making the statement that it had FSH.
£500 is reasonable, why should you gain more, £500 will cover what you have to reduce the car by to flog it, or if you are after a quick sale, i will give yo £1.50 for it, get the difference from the dealer!

Edited by mercfunder on Thursday 5th August 11:18
If the dealer is so confident its only worth £500 difference. Which lets face it is a crock of st, they should buy it back. They have breached contract of sale and are the ones who should sort this out.

Why should you have to check the history, as far as you're concerned you're paying the premium to buy it from a MINI dealer for them to do this kind of thing.


okgo

42,150 posts

228 months

Thursday 5th August 2010
quotequote all
NDT said:
Valetco said:
Why not ask the dealer to extend the approved warranty for another 12 months as a goodwill gesture? 12 months transferable warranty and a recent full service should be more tempting to a buyer than a oil service missed that may or not have been done anyway several years ago.
Sounds the best solution.
The warranty is worth peanuts anyway, I would be pushing for them to buy it back. There are SO many MINI's for sale people can afford to leave one which doesn't have FSH, as 99% of them do as its practically free.