Cracked BMW Alloys - MCOL/Mediation

[leedennisellis]

Ill keep this short and sweet guys..

 

 

purchased a BMW 325D from a trader.

 

 

4 weeks later discover puncture and two cracked rear alloys..

 

 

happened at Carlisle on the way home from Scotland to Wales late afternoon.

 

 

Kwick fit repared and replaced.

 

 

disputes with trader throught MCOL and mediation happened last Thursday morning.

 

 

Ive been told because I didn't offer the trader a chance to rectify the problem the judge may award against me, it wont fo in my favour.

 

 

My issues were - I was stranded, granted I could have called him but I panicked and wanted to get home! Also when I notifed him onf the situation the next day he emailed me back basically saying im not covered under warrenty!

 

 

 

 

should I take this to court? I feel like ive lost me claim of circa £1800 now after mediation call.

 

 

any advise would be apprected

 

 

THanks

 

 

Lee

[rebel11]

Hi leed

 

Welcome to CAG

 

Have a read of the following:- http://www.oft.gov.uk/shared_oft/reports/676408/oft1241.pdf

[BankFodder]

There is no legal requirement to give a trader an opportunity to address a problem. On the other hand it is good practice and also there is a pre-action protocol which generally requires 14 days warning of action to give a chance for the matter to be settled.

If you can convince a judge that you were stuck if you didn't put the work in hand immediately, then I don't think that the judge will hold it against you.

In any event, the consequences of not following protocol would normally be that your costs - if any might be refused or that a claim for interest could be refused or reduced.

If the judge feels that it wasn't so urgent, then if the trader produced evidence to show that you paid over the odds for the work or that you incurred other non-reasonable expenses, then it is likely that the judge would award you the lower sum.

 

Of course, this assumes that you will win and that the trader will not mount a successful argument that the cracks were caused by some ill-treatment by you of the car.

[rebel11]

Hi leedennisellis

 

How did you pay for the car?

 

Did Kwik-Fit provide a report?

[king12345]

After 4 weeks cracked alloys maybe the result of kerbing.

It will be very hard to prove that the defects were present at point of sale.

[leedennisellis]

Hi leedennisellis

 

How did you pay for the car?

 

Did Kwik-Fit provide a report?

 

 

Hi Rebel!

 

 

I got finance on the car through the dealer Motonovo.

 

 

The guys at the carlise branch both verbally confirmed that there is no way I could have caused these cracks in 4 weeks and cover 777miles, the cracks look old on the alloys... Kwick fit wouldn't put anything in writing for obvious reasons!

[leedennisellis]

Thanks for your reply..

 

 

how sure are you on your statement about not having to offer the car company the chance to rectify under the sales of goods act?

 

 

the mediator seemed quite sure about it...

 

 

 

 

thank you again.

[leedennisellis]

Thanks for posting this document, ill have a read through it and look for the relevant parts...

 

 

 

 

cheers,

[2ltr16valve]

I'm a little concerned here with what quick fit said ...

 

To my knowledge. Cracked alloys have to be welded ? And repaired by specialists.

I did not think quick fit did this ? In my area they don't. Tbh they have trouble fitting an exhaust without any leaks !

 

Can you list out what the costs are ? I am wondering if quick fit see you coming, being that you were up the creak without a paddle so to speak.

[leedennisellis]

Hi...

 

I've researched this whole issue..

 

It's a common fault with the larger BMW alloys... BMW have not admitted liability but will offer a refund pro rata based on mileage when they test the alloy for excessive damage.

 

You should never repair alloy wheels, it's a soft metal. I would never risk it anyway especially with run flat tyres..

 

They charged me £600 per alloy, 19" double spoke alloys they are!

[2ltr16valve]

I see. So you replaced the alloys direct from bmw ?

 

What part did quick fit play ?