HELP urgent advice required re: Mini 5 door towcar

happybrasilia · Apr 3, 2016

So we have a t@b 320 retro weighs about 800kg full loaded. We have had it for years and have towed using a Suzuki GV (sledgehammer to crack a nut) whilst having a Mini as a regular car - we only needed one car so investigated the new bigger more powerful Mini. Obviously, I needed to check it would be capable of towing so prior to purchase I emailed Mini directly to ask them on two occasions. I have written correspondence where their customer services department assure me that they had checked and any of their 5 door hatchbacks are capable of towing up to 910kg so it would be perfectly fine to tow our caravan. So we buy one and I sell my other two cars. Since then we have been trying to get a towbar fitted and four companies have said it's illegal because there is no Mass Train Weight on the VIN plate. We would never have bought this car if we thought it couldn't tow. We've had it one week - where do we stand? Any ideas?

happybrasilia · Apr 3, 2016

I should add I've contacted them since to ask about the VIN plate and they are still claiming it can tow!

JonnyG · Apr 3, 2016

http://www.telegraph.co.uk/cars/mini/mini-5-door-review/
It seems you cannot fit a towbar .. As you have written corespondents with Mini directly claiming it can tow when it clearly cannot , it seems you might have to shout a little louder in their ears , after all to go down the seek legal advise route is costly and time consuming, and why should you have to....

Dustydog · Apr 3, 2016

When did you buy this mini?

Have a look at the Consumer Rights Act 2015.
However be careful .You purchased from a mini dealer not the manufacturer. Did you tell the Dealer you had correspondence with BMW MINI?

bertieboy1 · Apr 3, 2016

Sounds like you've asked the wrong question,which maybe should have been - can I fit a tow bar and tow a caravan.
The Mini may well be capable of towing a caravan - if it had a tow bar fitted.

happybrasilia · Apr 3, 2016

I bought it last week and no we didn't tell the dealer, which I am really regretting. (I did tell another salesman at another dealership and he again re-assured me that this car could tow but I shopped around and went with another dealer in the end) - I realise this is a problem because the dealer hasn't mis-sold it to me, Mini the manufacturer has so it is complicated plus its on finance which makes it even more complicated. The dealers are sympathetic but it's not their problem.

bertieboy1 · Apr 3, 2016

Happybrasilia,
There is so much double speak,things not said,taken for granted etc. these days it usually pays off to take a cynical approach and ask awkward and pertinant questions and also proof of answers,especially when far reaching and expensive consequencies are involved.
I am sorry to say I have become cynical through business dealings and don't trust answers that I don't know to be correct or have confirmation of.
Do your own research !
I know this doesn't help for your current situation and I hope you come to a favourable conclusion.

happybrasilia · Apr 3, 2016

Yep but you would think that rather than relying on googling it - I have read so many conflicting reports - that going to the Manufacturer direct to ask them if the car was suitable for towing a particular caravan would be reliable. I was very specific and have their response in writing but they misinformed me. I specifically toid them that I only wanted the car if it could tow

bertieboy1 · Apr 3, 2016

Happybrasilia,
For them to confirm the car could tow a caravan one would naturally think a tow bar could be fitted,did you specifically ask and get confirmation that a tow bar could be fitted ?
From my experiences (in the distant past) I remember a manufacturer confirming to a client that a machine could run on crude oil fuel.What they didn't say was that an expensive fuel oil treatment plant was needed costing many hundreds of thousands of pounds,at the end of the day the poor customer had to stump up !
So take care and fully understand what is being told to you.

Dustydog · Apr 3, 2016

What exact model and date of manufacture did you buy?

Sproket · Apr 3, 2016

Dustydog said:
What exact model and date of manufacture did you buy?

Looks like this has been going on for a while

But they do them for the Mini Cooper what model mini have you bought ?

ProfJohnL · Apr 3, 2016

happybrasilia said:
So we have a t@b 320 retro weighs about 800kg full loaded. We have had it for years and have towed using a Suzuki GV (sledgehammer to crack a nut) whilst having a Mini as a regular car - we only needed one car so investigated the new bigger more powerful Mini. Obviously, I needed to check it would be capable of towing so prior to purchase I emailed Mini directly to ask them on two occasions. I have written correspondence where their customer services department assure me that they had checked and any of their 5 door hatchbacks are capable of towing up to 910kg so it would be perfectly fine to tow our caravan. So we buy one and I sell my other two cars. Since then we have been trying to get a towbar fitted and four companies have said it's illegal because there is no Mass Train Weight on the VIN plate. We would never have bought this car if we thought it couldn't tow. We've had it one week - where do we stand? Any ideas?

and

happybrasilia said:
Yep but you would think that rather than relying on googling it - I have read so many conflicting reports - that going to the Manufacturer direct to ask them if the car was suitable for towing a particular caravan would be reliable. I was very specific and have their response in writing but they misinformed me. I specifically toid them that I only wanted the car if it could tow

Hello happybrasilia.

Dustydog has suggested you review the Consumer Rights Act 2015.

The CRA places a duty on both the seller and the buyer to ensure the goods in the contract will be fit for purpose. This means the buyer should ask all relevant questions prior to placing the order.

B the letter of the law unless you specifically asked the dealer about towing before you placed the order, I think they can legitimately point to the fact the question was not raised and as such no breach of contract has arrisen.

Did you review the published literature about the vehicle before you purchased it? does it mention towing? if it doesn't mention towing then again it was wrong to assume it could even with a letter from the manufacturer.

Sadly I don't think you have a case against the dealer, but you do have a legitimate complaint against the manufacturer, because they supplied fundamentally flawed specific information which you used to inform you about a purchase.

Whilst the manufacture has no part in the contract of sale under the CRA, you should write to them explaining that based on the specific advice they supplied, you went ahead with the purchase of the car but now you find the vehicle is not approved to tow and it is therefore not fit for purpose.

Ask then if they can intervene and either find a legal towbar for the vehicle of arrange to have the car refunded. I do advise you keep the finance house advised of your problem and all correspondence.

Raywood · Apr 4, 2016

It looks like a legal nightmare as the garage clearly did not miss sell but the manufacturers did but you have no contract with them. If you are in either of the clubs their Legal helpline might be worth contacting and any union you belong to or your household insurance might also have a helpline. After that there is Citizens advice but this is not something that would go through the small claims courts so any legal work might be expensive.

bertieboy1 · Apr 4, 2016

Happy Brasilia,
Don't know what model of Mini you have, but Towsure do a mobile towbar fitting service that includes towbars for Minis. Try here - hopefully your car model is listed.
http://www.towbarexpress.co.uk/towbars/mini-towbars/

ProfJohnL · Apr 4, 2016

bertieboy1 said:
Happy Brasilia,
Don't know what model of Mini you have, but Towsure do a mobile towbar fitting service that includes towbars for Minis. Try here - hopefully your car model is listed.
http://www.towbarexpress.co.uk/towbars/mini-towbars/

Hello Bertieboy,

Even if the model is listed, if the actual car does not have a GTW it is illegal to fit a towbar !.

Gagakev · Apr 4, 2016

Saw a Mini Clubman today towing a four wheel car transporter trailer :huh:

Trailer must have weighed as much as the car????

Did not see the year (guess it was fairly recent) ....it was going too fast in the opposite direction

hmy:

happybrasilia · Apr 7, 2016

Thanks for all your comments.

Great response from Mini Customer Services:

"I’m very sorry to have to tell you that I’ve made a mistake. The MINI Hatch 5 door can’t have a towbar, I can’t tell you how sorry I am. I’ve been in touch with the Centre and I’m liaising with a BMW customer service manager to arrange a buyback situation, leaving you free to buy the car you need.

I’m very sorry for the inconvenience that I’m sure this has caused and the Centre will be in touch with you in due course- but they’ll keep me updated too. I’ve also arranged a gift to be sent to you with my sincerest apologies."

Phew...

Raywood · Apr 7, 2016

Looks like a good result and nice to see some good customer service these days.

ProfJohnL · Apr 7, 2016

Well done.

20170602yuanyuan · Jun 2, 2017

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HELP urgent advice required re: Mini 5 door towcar

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