not the car on the contract

[Rainedon]

Wally, have a wander through Honest John's site and forums (Telegraph Motoring correspondent). There's a list of precedents for your situation. He has a tame barrister who specialises in this sort of problem. Basically if you have the documentation in one hand and a duff vehicle in the other you cannot lose, the threat of the small claims court and publicity should be enough to see you getting either the vehicle you ordered or your money back.



http://www.honestjohn.co.uk/forum/th...ehicle&days=30

[Wally911]

Thanks for all your input.
Has the 200bhp a double exhaust like the r design so we could have recognized the difference earlier/easier ??

[Rentagas]

The 200ps has a bigger D5 badge and I'm told it has a different looking exhaust but it is subtle certainly not like the r design. The v5 gives the output as 147kW (200ps/197bhp) rather than 137kW 185ps.

The rear of my car is shown here:

http://www.totalmini.com/forum/105-t...ming-soon.html

[FarringdonEd]

I think , though i might be corrected, that some of the 185s delivered in late 2010 also had the bigger D5 badge. I have certainly seen some 10 plates with the bigger badge.

However your post has worried me so I will be off to check as soon as I am back in the country! I am hoping that as my car had specific options and was delayed at the port in Dec then it is what it should be....

[Wally911]

Yes, my 60 185bhp has the big D5 and AWD badge. For the
200 bhp the exhaust should be different, has anyone noticed this?
Waiting for the garage to come up with a solution. Keep you posted.

[Wally911]

Originally Posted by Rainedon

Wally, have a wander through Honest John's site and forums (Telegraph Motoring correspondent). There's a list of precedents for your situation. He has a tame barrister who specialises in this sort of problem. Basically if you have the documentation in one hand and a duff vehicle in the other you cannot lose, the threat of the small claims court and publicity should be enough to see you getting either the vehicle you ordered or your money back.



http://www.honestjohn.co.uk/forum/th...ehicle&days=30

Had some legal input locally, they advised for money back option.

[drpepper]

I'd have thought as well as money back there should be some compensation in your direction for the inconvenience caused.

[t5_monkey]

If the contract says 200bhp...

... just threaten to sue them for misrepresentation.

You are well within your rights, the contract is invalid if they have not provided goods to the specification within the contract.

Any time limits, refunds etc... do not apply, as you were not aware of (their) fault and as soon as you were, you informed then.

They will try and flannel you, just send a nasty letter to their managing director, they won't want to be dragged through the small claims court.

You could also give the car back, and hand in the keys AND threaten to sue them depending on how much pressure they need to make good.

[Pepi1677]

What a nightmare, hope you sort it out. Keep us informed.

[Wally911]

We have resolved our contract problem with the Volvo garage. It all went very amicable. We pay £300 for the mileage we have done and get the same speck 2011 car and profit of the £300 service deal for 3 years.
A Thanks to everyone wo replied.

Wally.