I bought a used MINI Cooper with a number of faults - is the dealer responsible for fixing them?

I bought a second-hand MINI Cooper in December from a Mercedes-Benz dealer. It has a 3-month warranty, which expires at the end of next week. Due to the extended service periods on the MINI, it was not serviced prior to me taking delivery but had an MOT. I took the car back shortly after purchase because there is a fault with the driver’s seat in that it will not hold the back position. Additionally, I asked for the tracking to be checked as the drive was not good. The results of the inspection were that the frame of the seat is wearing, but not sufficiently (in their view) to warrant repair (this is a known fault with MINI seats). They also said the tracking was fine.

I have just had two new tyres fitted and had the tracking checked - it was terrible and has cost me £75 to remedy. Additionally in replacing the tyres, it was evident that the brake pads were worn to the metal - another cost of £70.00. The car dealer has been giving me the 'runaround' with no clear course of action offered to fix the seat. I get the feeling that they are stalling until the warranty expires. What are my rights please?

Asked on 15 February 2011 by JK, Fareham

Answered by Honest John
Very simple. Tell the dealer that if he does not pay for the rectification of all of the faults that were present on the car when you bought it (including the seats), then you will have them all rectified and will sue them for the cost, as is your right under the latest CPRs and under the Supreme Court ruling Clegg v Olle Anderson 2003. Alternatively, the dealer can take the car back and refund your full purchase price. Law here: www.honestjohn.co.uk/faq/consumer-rights
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