Used Car- Cracked Alloy-

[Alloyz1]

Hi

 

I purchased a used car 4 days ago BMW 325i Convertible M Sport for £10,989.00 from a BMW specialist.

 

On day 2 the tyre warning light came on so i checked and inflated the NSR tyre. On day 4, on the first motorway journey, the NSR tyre deflated and shredded the inner wall.

 

It was a run flat so I made it to the nearest garage for a replacement tyre. The garage pointed out the alloy wheel had been welded at least twice and one of the weld repairs had failed. The new tyre would not hold its full pressure and leaked when it was inflated. I took photo's and a video of the issue.

 

I contacted the garage same day by phone to advise them and by email to back up my conversation. They asked for photo's which I sent.

 

There response was basically- The car was fine before you took it and had a full inspection and MOT. It is reasonable to assume I hit a pot hole which caused the damaged.

 

I pointed out there is no impact damage on the wheel and the tyre has deflated since I took it? They said because you hit a pot hole.

 

They offered to repair the wheel by welding it..... or refund the sale value. I said a repair is unacceptable due to the already compromised structural stability of the wheel and BMW and the Welding Institute advise against it (yes the Welding Institute actually exists!)

 

Now you would think I would jump at the refund? No... The car is spot on except for the wheel. I want to keep it, but want a replacement wheel. I have asked for a second hand wheel (not new) without cracks or welding. I will pay for the new tyre and I will not pursue them for loss of earnings for the afternoon, alternative transport arrangements, new tyre etc.

 

They have said they will repair it only. I am currently reviewing the Consumer Act 2015 but not sure if I can keep the car and request a replacement not a repair?

 

Any advise is gratefully received.

 

PS if I can help out with any alternative dispute resolution queries, please ask via an admin. I am a mediator by trade!

[BankFodder]

The Consumer Rights Act is new but on my understanding, in the first 30 days you have a "short term right to rejection" and this means that you can insist that they take the car back and you can insist that you get a refund. However, I'm not at all aware that you are obliged to do this. I think that you still retain your contractual rights and I would say that you are in a very good position to press for a replacement wheel.

 

Follow our customer services guide – record all your calls. I suggest that you put it all in writing to them and let them know that if they don't let you have a satisfactory replacement wheel within, say, seven days, that you will source your own one and you will then take whatever action is necessary to recover the cost of it.

 

In the meantime, look around and find two or three quotes for satisfactory replacement wheels. I don't expect that you would be entitled to get a new one – or at least you would get the full cost of the new one. If they don't provide you with a replacement then let them know exactly which one you will be buying – given the written quotes and then go ahead and buy your replacement wheel.

 

If there is any doubt as to the existing condition of the damage wheel, I would approach DVLA and find the identity of the previous owner and I expect that they will tell you something about the history of the car. You could warn the garage that you're going to do this and it may make them deal a bit more straightforwardly with you.

[Alloyz1]

Thank you for the great advice

 

I have so far done exactly what you have suggested even to the point of sending them links to second hand wheels.

 

I have also said a repai is not an option and a second hand replacement is the absolute minimum.

 

Okay great, keeps me on the right track- thanks again