Bbs alloys are not homologated for vw t5 transporter

[heliosuk]

Eugene, believe me you are on a hiding to nothing persuing this case, you did nothing wrong and there is strong argument they didn't either. They can/could put up a very very stong defence which would mean you pay their costs as well and as they have a barrister/solicitor involved your £1600 for the wheels will be whittled away in hours.

 

And as regards seeking to challenge a judges decision you should not attempt this without taking serious legal advice and if this come in under a grand then I'd be suspicious of the advice. One thing you don't do in the legal world is challenge a judge.

 

These people are not stupid. It is fair to ask the reason why though.

 

I will reitterate, there is nothing wrong in selling parts that fit a car provided they have an EU certificate. Whether or not they are fit for use is another matter. When you asked if they were fit to use you were told yes and the manufactuers data at that time showed them to be OK. All the sellar has to do is show that at the time of purchase theinformation available to them was that they were..............and from what I've seen this complies.

 

What you ought to do is advertise the wheels and tyres for sale, cut any losses and move on. I know it might be a hard pill to swallow but believe me it is theright thing to do. You can take any amount of advice and act on such from our Plymouth friend and colleague but he is not going to pick up the bill is he. You will.

[eugene123]

thank you heliosuk for getting back to me, how do you feel about thread 175 ,

 

also the thing that bugs me also,is

when i did ring performance on the 9/8/2011 the day after i did collect the wheels to complain , about the alloys, the sales man told me ??

 

the wheels were good for a sportline t5 t30. ALSO

 

and that was dirrectly from ( VW , that fitting engagement ), of wheel that they have , and that was a 150 per cent .

 

he also said they were ( VAN RATED , )

 

he also said he check with ( BBS)

he also said that the tyres i should put on would be 245/40/19 and he was 150 per cent sure about that

 

 

i did say i wanted the alloys road legal after that i do not really care, and that they would pass the , m o t ,,,ect when need be . plus insurance ,

 

i was told i would have no probs with them ,

 

 

my complaint was about tyre fitment the day i did ring .

 

if i have no come back here , i will drop it , and forget it , CHEERS EUGENE

Edited July 2, 2012 by eugene123

[sailor sam]

Can I reiterate that no one has mentioned challenging the judge's decision. Either side are entitled to see the judge's facts and reasons into how he came top his decision. As Eugene was awarded costs, it would appear that the judge agreed with his claim. What I don't understand is why he only granted a re-fund of £50. Unless Eugene can explain what the judge said and we see the facts and reasons, the whole situation is up in the air as far as i'm concerned. Obviously at the end of the day only Eugene can decided what to do. But I have the feeling something has been missed here.

 

P.S. I havn't noticed any input from anyone in Plymouth?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[eugene123]

IMG.pdfto be quite hornest , i did not understand it either , i was so confussed , i had to ask some one in the court room who won ?? and i could not understand why i was getting £50 from them , i guess will i ever ?

but i have sent a letter to the judge for the facts and reasons, i have add file ,

 

also i was told it could take up to 14 day for a reply from him , the judge

 

plus i was told i have only 14 day to appeal it from the day of court ,

 

that does not give me much time??? ( if any)

Edited July 2, 2012 by eugene123

[sailor sam]

You should get a copy of the judgment, that may shed some light on it.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[eugene123]

hopefully sam ,

heliosuk , bob , sam , what is you views on thread 177

 

 

also got this in the post today ,,,

 

what is the £50 for ??

 

file attachedIMG_0001.pdf

Edited July 2, 2012 by eugene123

[eugene123]

heliosuk , bob ,sam ,

 

 

i still would love to here you views on thread 177

 

thanks eug

[oddjobbob]

Eugene

 

My advice is to sell the wheels / tyres and move no and forget about it.

[eugene123]

thank you bob for getting back to me , yes i was thinking of that ,

 

but what are you views on thread 177

i would love to here heliosuk , and san view on that thread also ???

if i could prove that they said that on a phone call would that be at eny use

what was said on thread 177

Edited July 4, 2012 by eugene123

[oddjobbob]

Eugene

 

Unless you want to spend a load more probably wasted money, sell the alloys / tyres and give up mate.

 

That's my advice.

[heliosuk]

Hello Eugene,

 

I've ummmed and ahhhd about this but I think on balance Oddjob is probably right. Sell and walk away and recover as much as you can. I sympathise with you though but it is too easily defended and you don't have sufficient evidence to counter any defence.

The case presented was ill concieved from the start ( as many of them are on this forum).

 

You cannot just start shouting SOGA etc and bring a case unless you have sufficient evidence to back your claim and this just didn't exist.

 

Move on and remember that not everything sold is what it should be.

[sailor sam]

Hang on... the judgement says 'amount of claim £50' ???? There's been a mistake in my opinion... your claim wasn't for £50!! This is why we need to see the facts and reasons. Eugene, I suggest you go to the the court and ask them to look at the claim again and ask how they came to award £50 as being your 'claim' when in fact it was for a much higher amount. Have you still got a copy of your POC?

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[eugene123]

please , please , please , again i ask the 3 of yourself ,s what ,s your view on thread 177, go on tell me your view ???

[sailor sam]

If your'e asking if you could use a recording of the phone call as evidence in court, I would think you would need to submit it in advance to be considered by the judge. Also, it is very likely that the respondent would need to be served with a copy to give him the opportunity to defend himself. If your asking about opinions on the content of the telephone conversation itself... my position is that I already believe you Eugene in that the wheels were miss-sold to you. It is also apparent that the judge upheld at least part of your claim but I am still yet to understand how he came to a figure of just £50.

 

My advice is not to cash the cheque if and when it comes through yet.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[oddjobbob]

Eugene

 

You can drive yourself potty for ever mate, but as long as yuo don't mind wasting more money, time and effort on what is most likely a fruitless exercise then press no by all means.

 

My advice on post 177 is get voer it and move on.

 

However if you do decide t press on, I sincerely wish you good luck and hope it's not too costly.

[eugene123]

ok this is the fax, and findings i got from the judge , , plus i got my £150 today also i paid a £100 of that myself for the case , love to here your views , ,, IMG.pdf

[sailor sam]

Hmm, basically he is saying that the 'goods' were not faulty (which I think we all know). But I find it strange that while he agrees that the respondent failed to 'draw your attention the fact that some additional vibration might be felt when driving the vehicle', he does not consider that equates to the wheels being inappropriate for the vehicle thus meaning they were miss-sold. IMHO, he should of found in favour of the respondent in that case.

 

You do have the option of appealing Eugene BUT i think I would be inclined to consult a solicitor who specialises in consumer law and get face to face professional advice.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[eugene123]

to be quite hornest , no one told me there was be a little vibration , other wise i would not have got them , that is the bit that stinks??,, i no nothing about alloys ,i go on what the experts say , in this case ,,, what experts ?? i wounder , who will be the next person who will be got like me ??

[oddjobbob]

It all goes back to what Helios and I have said repeatedly and at length.

 

The alloys he bought were CE (type) approved for use in the EU.

 

They fitted on the car, as a non standard fitment, but nevertheless they fitted on the car and looked good.

 

Becasue they aren't standard as recommended by VW the vehicle doesn't drive as good as it should.

 

And the registrar decided (and I basically agree with him) that the wheels had not been mis sold, only mis bought.

 

Move on Eugene, or spend more time and effort and money, its your call.

[sailor sam]

It all goes back to what Helios and I have said repeatedly and at length.

 

The alloys he bought were CE (type) approved for use in the EU.

 

They fitted on the car, as a non standard fitment, but nevertheless they fitted on the car and looked good.

 

Becasue they aren't standard as recommended by VW the vehicle doesn't drive as good as it should.

 

And the registrar decided (and I basically agree with him) that the wheels had not been mis sold, only mis bought.

 

Move on Eugene, or spend more time and effort and money, its your call.

 

Thats a new term on me Bob! The fact remains (no matter how much you ignore it) is that Eugene went to the 'experts' to purchase the wheels and they said the wheels were suitable for his vehicle. Funny though how the manufacturer said differently don't you think? Now i'm not going to keep going round in circles but clearly I don't agree with you on this. From all the info provided, the wheels were not suitable and that was confirmed, in writing by the manufacturer of the wheels themselves. As far as i'm concerned you can't get much clearer than that. If the judge felt that the wheels had not been miss-sold, then he should of agreed with the respondent and refused Eugene's claim completely in my opinion. The SOGA regards the consumer as being the novice and the retailer to be the expert. So I do not know where you get the phrase 'miss-bought' from. It would be different of course, if Eugene had provided the wrong information to the seller when purchasing the wheels. But it is fairly clear that he didn't.

 

Eugene, your only option as I see it is to see a solicitor to see if there is any reason to appeal. I see that Performance Alloys have a customer feed back page on their website... I doubt that they would approve negative feedback though seeing as there isn't one single one currently on there.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[oddjobbob]

Eugene can accept he didn't win much and either move on or waste more time effort and money.

[eugene123]

bob to be quite hornest , if i had the money i would take it further , but sadly i do not have the money , as i put it al in my camper and alloys , i still think they should not have been sold to me , and please think if it was you , how you would feel about it ,

[oddjobbob]

I'd be gutted Eugene. I've said before i'm sorry you didn't win, but I think it was always an easy case for them to defend.

 

It's up to you, I'd call ti a day personally.

 

Sorry bud!

[heliosuk]

Weren't the wheels bought on line?

 

From memory they were then what Bob says is correct, mis bought.

 

Eugene.........stick them on E bay.............you might actually make a profit.

 

It was not appropriate to take action in the first place as was far from clear cut.

 

Rule of thimb is.........If you're going into a ruck just make sure you have your posteria covered and you have the money to do so.

 

You do of course realise that should you appeal and it is represented by the defendant and found that the judgement is correct you are not talking a few quid but a few thousand?

 

It's easy for people to say do this and do that, take em to court, SOGA is your friend,get in touchwith CAB/Trading standards.........etc............it's NOT YOUR TIME OR MOENY THEY ARE PLAYING WITH.

 

Sell the wheels and move on Eugene. Take it any further and it will bite you big time.Some posters seem to be oblivious to this.

[eugene123]

heliosuk . thank you for getting back to me , may i ask you how can i put them on ebay , sell them for a t5 transporter , do i put on ebay also what bbs says , the t5 transporter is too heavy for this car , also do i put on the wheel will vibration when on the t5 , i really could not sell something to people out there like that , ?? i think too much of myself too do that , and i respect others ,