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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I agreed to lease a car from BMW it is a Mini Countryman - I

Customer Question

I agreed to lease a car from BMW it is a Mini Countryman - I agreed to black or dark grey in colour and was told the car was Midnight Grey - when it arrived I was dubious about the colour and only when I saw it sunlight realised it is brown. I have only had it three weeks and have tried the salesman and the lease company to no avail to try and get the car changed to the colour I requested no joy. They have offered me a vinyl wrap at £950 paid by me to rectify the problem.......where do I stand legally?
Submitted: 4 months ago.
Category: Law
Expert:  Ash replied 4 months ago.

Hello my name is ***** ***** I will help with this.

Is it in the lease that it will be Midnight Grey please?
Alex

Customer: replied 4 months ago.
but Midnight Grey is in fact brown on the Mini website.
Expert:  Ash replied 4 months ago.

Ok. Did you sign the contract as Midnight Grey?

Customer: replied 4 months ago.
Expert:  Ash replied 4 months ago.

Did you not check on the website before or after the order but before collection?

Customer: replied 4 months ago.
However I never went to the Mini garage I did all the finance @ BMW in Tunbridge Wells - they also brought a car up to my house which was blue I had never seen a Midnight Grey car until it arrived.
Customer: replied 4 months ago.
No because even on the website the colour is not really very distinctive and Grey is Grey isn't it unless it is brown?
Expert:  Ash replied 4 months ago.

How come it took 3 weeks to discover in daylight it was not the colour you wanted?

Expert:  Ash replied 4 months ago.

Do BMW accept that it is NOT the car you want? Have they accepted this?

Customer: replied 4 months ago.
Because I was out of the country for one week and when they brought it back to me at the airport in bright sunlight you could see it was brown and I have been trying to rectify it for the last 10 days....
Customer: replied 4 months ago.
I have phoned both the garage and the lease company (four times) the latter have never come back to me and the salesman at BMW told me to pay £950.00 + vat to vinyl wrap it to change the colour.
Expert:  Ash replied 4 months ago.

So they dont accept liability?

Customer: replied 4 months ago.
I phoned Alphabet Leasing to see if there was a cooling off period, if they could change the car for something I wanted and have never had to courtesy of a reply - they say they are looking into it and then nothing happens. So no they do not accept liability - they say I should have checked the colour but as I had never been to the Mini garage as I only went to the BMW main dealership not the Mini Cooper garage to deal with the finances. They then deivered a car for me to test drive.
Expert:  Ash replied 4 months ago.

Did you sign for the order at the dealers premises or at a distance?

Expert:  Ash replied 4 months ago.

Did you test drive the same colour car which you have been given?

Customer: replied 4 months ago.
H I signed the order at the BMW garage in Tunbridge Wells where the salesman from Inchcape works not at the Mini garage in Tonbridge where the car came from.
Customer: replied 4 months ago.
I test drove a dark blue Mini All 4 not a grey (brown) one.
Expert:  Ash replied 4 months ago.

ok - in that case you do not have a cooling off period.
Its a hard one, but sadly I dont think you have a claim or can get it changed. However I will outline the process if you want to claim the cost of the wrap in any event.

You signed the order at BMW and this means you dont get a cooling off period - you do on the lease but not on the order itself.

You signed the order as Midnight Grey. You could have looked at this online, which you did later or gone to other dealers to satisfy yourself as to the colour. You ordered and got Midnight Grey. Just because it is not the shade you want it is for the reasons above I dont think you have a claim.

However at best, ***** ***** try and get the £950 for the cost of the wrap.

You need to write and set out your losses and request they do the wrap for free or the £950 to get it done within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do neither you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Alex

Customer: replied 4 months ago.
No that is fine - with thanks, Fiona
Expert:  Ash replied 4 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck Fiona. Alex

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