eck1 Posted March 17, 2011 Share Posted March 17, 2011 As some of you know i made a thread about potholes and cracked alloys and what not just a week ago, Now putting some air in i noticed this on the nearside front wheel! Now with this happening and the fact the same has happened (not as bad) to the offside front wheel makes me believe thats its not just the bad road conditions but also a defect in the wheels. Now this is where i could do with some advice, I was intending on forking out for a brand new set myself at the end of the month anyhow but with this happening i think i will be trying to get the money from the dealer where i purchased the car, now its still under warranty but do they cover damage like this as i think its to do with the alloys, with it being a second hand car warranty. I know its also possible to get a claim against the local auth for pothole damage but its a long drawn out procedure which will more then likely end up as a loseing battle so i think the warranty will be the best way to go. Any advice please?! Quote Link to comment Share on other sites More sharing options...
Ekona Posted March 17, 2011 Share Posted March 17, 2011 Honestly? No chance on either account I reckon. The dealer will blame the potholes, and unless you've got photos and dates & times of the pothole damage you'll struggle with the council. I feel desperately sorry for you mate, I really do, but if you were planning on new wheels anyway then all you can do is bring that plan forward a bit. Quote Link to comment Share on other sites More sharing options...
evest Posted March 17, 2011 Share Posted March 17, 2011 Sorry for very long cut and paste - but it might be helpful... How long have you had the car? If less than 6 months you may have a case - unless this damage was pointed out at the time. From http://www.consumerdirect.gov.uk Cars So, you've bought a car, but there's a problem. Here's what you need to do next. If things go wrong If something goes wrong, stop using the car and go back to the dealer straight away and explain the problem and say what you want done. Keep in mind however that if you purchased your car with a Hire Purchase agreement, your statutory rights will be with the finance company rather than the dealer (under the Supply of Goods (Implied Terms) Act 1973). Under this act the car must be of satisfactory quality, fit for purpose, correspond with any description given, and the creditor must have the right to sell the car. Where the car does not correspond to any one of the above, you may be entitled to reject the car for a full refund or claim compensation. If the dealer fails to fulfill their obligations under the Sale of Goods Act, with regard to satisfactory quality, fitness for purpose, and the car's description, they will be in breach of contract and you are entitled to various remedies. The appropriate remedy will depend on a number of factors, including: * how long ago you purchased the car * the type of remedy that you are seeking * the seriousness of any fault or defect * whether the fault or defect keeps recurring * the cost of carrying out repairs or replacing the car Here is a list of remedies to consider based on your specific circumstances: Full refund You may be able to request a full refund if you detected a serious fault, if it is still within a reasonable time of the sale and you have stopped using the car. 'Reasonable time' is not defined in law so it will also depend on the facts - it can vary from weeks to a few months. Be sure to keep all of your documents, such as independent inspections in writing as it is up to you to prove that the car was faulty at the time of the purchase if the dealer disputes your claim. If your complaint is deemed valid, you are also entitled to claim for reasonable losses suffered, including the cost of any independent report you have paid for to prove your case. If you initially choose to allow the dealer to repair the fault within a reasonable period after the sale, you are still entitled to a refund if the repair turns out to be unsatisfactory. If you are not entitled to a full refund - for example, because a 'reasonable time' has elapsed, you may be able to claim compensation for your losses resulting from being supplied with a faulty car. Basic example of when a refund may be applicable: You discover that your one-year old car bought from a dealer for £10,000 a few days ago has a major engine fault. You complain to the dealer straight away and request a full refund but the dealer disputes your claim. You agree to take the car to an independent garage and they confirm that the engine was in a very poor condition when sold. You provide the dealer with a written report of the garage's findings and ask for your money back. In these circumstances the dealer must accept the car back and provide a full refund, as well as pay for any reasonable losses you have suffered such as the cost of the written report. Repair or replacement If you do not want (or are not entitled to) a full refund or to claim compensation, you may request either a repair to the car or a replacement for a similar car. If you want a repair or replacement (or when these are not feasible, a partial or full refund) in the first six months after the sale, it is presumed that the fault or defect was present at the time of the sale. This time, if it is disputed by the dealer, the dealer must prove otherwise - not you. They will need to provide reasonable evidence that the fault was not present at the time of sale, not just a pre-sale 'tick box' check of the mechanical condition of the car at the time it was sold. However, if the fault or defect only becomes apparent after six months, it is up to you to provide evidence that it existed at the time of the sale. Repairs and replacements must be carried out within a reasonable time without causing you any significant inconvenience. Any replacement car you are offered should be of a similar age, mileage and model as your original car at the time you requested the replacement. Basic example of when a repair or replacement might be applicable: You complain to your dealer that the one-year old car you bought from them for £8,000 three months ago has a faulty gearbox so you ask them to repair the car. It will be presumed that the car had a faulty gearbox at the time of sale and the dealer must carry out the repair to the gearbox at no cost to you unless they can prove that the car was of satisfactory quality at the time of sale. Partial and full refund If neither a repair nor replacement is realistically possible, you can request a partial or full refund depending on what is reasonable in the circumstances. For example, it may be the case that a full refund is not an option because you have used the car for some time before the problem appeared. You can switch between certain remedies if you find you are getting nowhere with the dealer. But you must give the dealer a reasonable time to honour your request before you switch and you can never pursue two remedies at the same time. Basic example of when you might switch remedies: You discover that a one-year old car you bought for £10,000 three months ago is faulty. You take it to the dealer who agrees to repair the car. The dealer takes over two months to repair the car but the fault persists. In these circumstances you may request a replacement car or a refund instead because the repairs have not remedied the fault, were not carried out within a reasonable time and have caused significant inconvenience to you. You can usually take court action up to six years from the date you bought the car (five years in Scotland). This does not mean that the car has to last or be fault free for six years; it is the time limit for making a claim in court in respect of a fault that was present at the time of sale. Before taking such action you may want consider obtaining independent legal advice. If the dealer is a member of a trade association such as Motor Codes, Retail Motor Industry Federation, Scottish Motor Trade Association or Society of Motor Manufacturers and Traders that follows a code of practice, you should follow any complaint procedure they operate. Look out for businesses displaying the OFT Approved code logo. It means that the business is operating under a trade body that has an approved code of practice- providing you with high standards of customer service and ensuring your rights as a consumer are better protected. The Motor Codes of Practice for New Cars (covering warranties on new cars and older cars where the manufacturer's warranty is still current) is approved under this scheme. For more information visit http://www.motorcodes.co.uk . In Scotland, some district councils require used vehicle dealers to register, and issue them with a licence. If you are in Scotland and have problems with a dealer, contact your local Trading Standards Service. See also: Read more information and advice on buying a car. Quote Link to comment Share on other sites More sharing options...
evest Posted March 17, 2011 Share Posted March 17, 2011 As an addition to the above - it really depends on whether or not the wheels were like that when you got the car - or if they were potentially in any way defective when you got the car - I appreciate this could be impossible to answer. As stated, within 6 months of sale, if it could be argued that they were weak/defective then the dealer would have to refund/repair or prove otherwise. After that - you would have to provide the proof. If you believe the wheels were fine when you got the car, and they have simply been damaged through the pothole, then it wouldn't really be fair to make a claim against the dealer (as they would have sold them in good condition). Quote Link to comment Share on other sites More sharing options...
eck1 Posted March 17, 2011 Author Share Posted March 17, 2011 As an addition to the above - it really depends on whether or not the wheels were like that when you got the car - or if they were potentially in any way defective when you got the car - I appreciate this could be impossible to answer. As stated, within 6 months of sale, if it could be argued that they were weak/defective then the dealer would have to refund/repair or prove otherwise. After that - you would have to provide the proof. If you believe the wheels were fine when you got the car, and they have simply been damaged through the pothole, then it wouldn't really be fair to make a claim against the dealer (as they would have sold them in good condition). The wheels were fine when i got the car at the beginning of January this year, it happened to one wheel the other week and noticed this on the opposite side today, so im leaning more towards it being to a defect on the alloy wheels and not a pot hole, Quote Link to comment Share on other sites More sharing options...
evest Posted March 17, 2011 Share Posted March 17, 2011 The wheels were fine when i got the car at the beginning of January this year, it happened to one wheel the other week and noticed this on the opposite side today, so im leaning more towards it being to a defect on the alloy wheels and not a pot hole, It's a tricky one I think. You would basically be claiming that the wheels were faulty/defective at time of sale, and that the subsequent damage has occurred as a result. Whilst the damage is obvious - what caused it is not. The problem is proving that the damage was caused because of an existing fault - and not as a result of you hitting something (pothole etc..) too hard/fast (no offence meant by that - just being devils advocate). Dealer will probably fight tooth and nail on this point, but it's worth getting further advice at any rate. What does the warranty say? Quote Link to comment Share on other sites More sharing options...
eck1 Posted March 17, 2011 Author Share Posted March 17, 2011 Only thing it doesent cover on the warranty is consumable parts/ wear and tear ect, so im presuming the alloys will be covered but as youv said its proving that there was a defect with the wheels on purchase Quote Link to comment Share on other sites More sharing options...
ATTAK Z Posted March 17, 2011 Share Posted March 17, 2011 Sorry to hear of your problem Jon ........... don't forget we got a decent piccy of one of your fronts last month .....showing it to be in good condition I know you've changed the colour since then ......... do you think that has got anything to do with the damage ? PS I can get my Konigs over to you this weekend if you need to get the car back on the road Quote Link to comment Share on other sites More sharing options...
eck1 Posted March 17, 2011 Author Share Posted March 17, 2011 Sorry to hear of your problem Jon ........... don't forget we got a decent piccy of one of your fronts last month .....showing it to be in good condition I know you've changed the colour since then ......... do you think that has got anything to do with the damage ? PS I can get my Konigs over to you this weekend if you need to get the car back on the road Yes i had them sprayed pearlescent panther black with a gold flake, but sprayed not powder coated so shouldnt have done any damage to them, Well im on a stag do this weekend so ill be ringing you up monday to sort something out with you Quote Link to comment Share on other sites More sharing options...
adam86 Posted March 17, 2011 Share Posted March 17, 2011 Just a thought - it may be worth checking with the manufacturer/or do quick search on google and see if there are any known defects with these alloys. Should there not be, as unfortunate as it is you will just have to take it on the chin as the council or dealer will definitely not replace them. Hope you get it sorted Quote Link to comment Share on other sites More sharing options...
ATTAK Z Posted March 17, 2011 Share Posted March 17, 2011 Sorry to hear of your problem Jon ........... don't forget we got a decent piccy of one of your fronts last month .....showing it to be in good condition I know you've changed the colour since then ......... do you think that has got anything to do with the damage ? PS I can get my Konigs over to you this weekend if you need to get the car back on the road Yes i had them sprayed pearlescent panther black with a gold flake, but sprayed not powder coated so shouldnt have done any damage to them, Well im on a stag do this weekend so ill be ringing you up monday to sort something out with you Yep spraying shouldn't affect the wheels ......... what make are they ? .............. should be a lesson to others not to buy them Quote Link to comment Share on other sites More sharing options...
eck1 Posted March 17, 2011 Author Share Posted March 17, 2011 Blitz technospeed type 3, haha won't have any problem in people buying them as there discontinued and jdm import Quote Link to comment Share on other sites More sharing options...
choptop Posted March 17, 2011 Share Posted March 17, 2011 What process was used to spray your wheels? May be worth investigating. The fact they have both gone like this recently would suggest something not quite right. When you had the wheels done, did you leave them on the car? Did anyone drive the car whilst it was in being done? Some questions which I think need answering Quote Link to comment Share on other sites More sharing options...
Ken Posted March 17, 2011 Share Posted March 17, 2011 Nice one Hugh, hope you get back on the road soon Jon. Quote Link to comment Share on other sites More sharing options...
ioneabee Posted March 17, 2011 Share Posted March 17, 2011 My neighbour cracked a wheel on his BMW - took it back to the dealer and they are replacing all 4. so not unheard of............but he does spend a lot of money with them !! Quote Link to comment Share on other sites More sharing options...
Sarnie Posted March 17, 2011 Share Posted March 17, 2011 There is no chance the dealer will accept responsibility and the council will draw it out forever and a day, and you won't win without a raft of evidence...........just bin them don't replace them with more cheap wheels......... Quote Link to comment Share on other sites More sharing options...
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