Should dealer fix/replace buckled alloy?
Should dealer fix/replace buckled alloy?
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Discussion

Pulliptears

Original Poster:

3,570 posts

196 months

Monday 16th September 2013
quotequote all
Edited to add, this is no longer about buckled alloys. Seeking rejection advice in latest post please smile


In a nutshell....

10 Plate Ford Focus purchased from dealer x just over 3 weeks ago. We've had lots of niggling problems with it from a cracked windscreen to the central locking breaking the day after we had the car. It's now been into x for repairs twice and will need to go in yet again as the car is showing a DPF fault now.

The day after we took the car we went on a run and for the first time got the car up to 50mph+ where a judder was VERY apparent. This was reported to x straight away.
The car has been back in to x again today to have this judder looked at. It transpires one of the front alloys is buckled. X have not replaced or fixed the alloy but have moved the buckled wheel to the rear of the car and balanced the front wheels. Obviously not particularly happy with this solution as we still have a buckled wheel that was on the car when we bought it, albeit now on the back rather than the front.

Can we demand a replacement alloy wheel or do we have to be content with a buckled wheel?

Car passed its MOT just before we purchased it, so it passed with buckled wheel. It also passed with a cracked windscreen across the zone which completely cracked from side to side the day after we got the car home....

The car is with them currently, other half is due to take back their courtesy car in the morning but isn't willing to accept ours back unless the wheel is replaced or some agreement to replace is undertaken. Whilst all this pissing about is going on we are being charged £12 a day for a courtesy car.

Any laws etc I can point towards because I'm not keen on other half doing his 130 mile a day round trip in a car with a buckled wheel so will need to present a case to them in the morning as to why we are refusing to accept the car back.

Edited by Pulliptears on Monday 16th September 19:25


Edited by Pulliptears on Monday 16th September 19:26


Edited by Pulliptears on Monday 4th November 21:06

Exige77

6,523 posts

221 months

Monday 16th September 2013
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Maybe better to change the dealers name to dealer x.

Ex77

Pulliptears

Original Poster:

3,570 posts

196 months

Monday 16th September 2013
quotequote all
Done, thanks Exige, didn't realise I couldn't name them.
eek

SpeckledJim

34,338 posts

283 months

Monday 16th September 2013
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You can ask, but you bought a buckled wheel. That you didn't check or notice is only your fault. The dealer may help, but won't have to.

Who says you didn't thump a pothole on your way home?

jas xjr

11,309 posts

269 months

Monday 16th September 2013
quotequote all
if it is just a damaged wheel , maybe just accept it. get it repaired / replaced and get on with your life .

is it worth the stress ?

Pulliptears

Original Poster:

3,570 posts

196 months

Monday 16th September 2013
quotequote all
Wheel was buckled at time of purchase and reported to dealer the following day as a 'judder'.

Yes, its worth the stress. Its another in a long long list of issues with a 3 year old car we have owned for 3 weeks. Why should I pay out another £50 on top of the 4 x £12 costs of courtesy cars they keep charging me for whilst they attempt to fix all its other issues?

Blue Oval84

5,397 posts

191 months

Monday 16th September 2013
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I would be asking very nicely for a new wheel, then I'd be asking firmly.

If that doesn't work then buy a new one (I'd probably avoid a used one as it's just as likely to be warped) and then chance my hand at the small claims court if I could be bothered.

TPS

1,860 posts

243 months

Monday 16th September 2013
quotequote all
SpeckledJim said:
You can ask, but you bought a buckled wheel. That you didn't check or notice is only your fault. The dealer may help, but won't have to.

Who says you didn't thump a pothole on your way home?
So what was he supposed to do?

I don't see how he is to blame.

Do you really suggest he is to blame for not taking all four wheels off the car and walking them down to a local tyre garage to have the alloys checked on a balancing machine?

Pulliptears

Original Poster:

3,570 posts

196 months

Monday 16th September 2013
quotequote all
kapiteinlangzaam said:
Your post read as pretty 'arsey', not sure if its meant to be, but thats how you are coming across - thus my help ends here.
It wasn't meant to be 'arsey' but if thats how you read it then thats your prerogative. Funny though, because yours came across as VERY arsey considering you weren't actually sure how I'd meant it wink


Blue Oval84 said:
I would be asking very nicely for a new wheel, then I'd be asking firmly.

If that doesn't work then buy a new one (I'd probably avoid a used one as it's just as likely to be warped) and then chance my hand at the small claims court if I could be bothered.
Thanks Blue. Thats pretty much my thoughts on it.

TPS

1,860 posts

243 months

Monday 16th September 2013
quotequote all
kapiteinlangzaam said:
Your post read as pretty 'arsey', not sure if its meant to be, but thats how you are coming across - thus my help ends here.
I'm sure he will miss your help.

Would you not be stressed if you had brought a car and then have loads of problems?

Pulliptears

Original Poster:

3,570 posts

196 months

Monday 16th September 2013
quotequote all
kapiteinlangzaam said:
I was simply suggesting that sometimes its better to let things go. I have no ulterior motive!

Having exhausted myself over similar things in the past, spending hours and hours arguing the toss, it probably would have been better just to accept an move on.

Its your prerogative to chase the dealer as much as you want, however im pretty sure the argument of 'prove it was faulty when you bought it' will come in to play, and you will probably rant and rave until you are blue in the face with no result (and increased heart pressure too!)

Its st, but st does indeed happen.
To be fair to the dealer they seem to have accepted that it was sold with the judder and haven't attempted to pin the blame on to us, but they were told of the issue within 24 hours of us taking the car.

My concern is that all they have done is moved a buckled wheel from front to back just to stop the judder, they haven't actually fixed anything. I'm just not at all happy at paying out yet more money to them for a fault that was present at purchase.

Worst case scenario is the vehicle roadworthy and where does that leave us should there be an accident with the buckled wheel contributing?

SpeckledJim

34,338 posts

283 months

Monday 16th September 2013
quotequote all
TPS said:
SpeckledJim said:
You can ask, but you bought a buckled wheel. That you didn't check or notice is only your fault. The dealer may help, but won't have to.

Who says you didn't thump a pothole on your way home?
So what was he supposed to do?

I don't see how he is to blame.

Do you really suggest he is to blame for not taking all four wheels off the car and walking them down to a local tyre garage to have the alloys checked on a balancing machine?
Q. How did he find the problem?

A. He drove the car.

Are you suggesting it drove differently before he bought it to after he bought it?

I'm fairly sure the dealer will help, but the OP approved the condition of the wheels when he test drove it and bought the car. He's now relying on some goodwill, which since the car seems to be a bit of a pup, he probably deserves.

Alternatively, he may be a pernickety nightmare customer who is quickly to get short shrift. How are we webtards to tell?

TPS

1,860 posts

243 months

Tuesday 17th September 2013
quotequote all
SpeckledJim said:
Q. How did he find the problem?

A. He drove the car.

Are you suggesting it drove differently before he bought it to after he bought it?

I'm fairly sure the dealer will help, but the OP approved the condition of the wheels when he test drove it and bought the car. He's now relying on some goodwill, which since the car seems to be a bit of a pup, he probably deserves.

Alternatively, he may be a pernickety nightmare customer who is quickly to get short shrift. How are we webtards to tell?
Yes I am.



Pulliptears

Original Poster:

3,570 posts

196 months

Tuesday 17th September 2013
quotequote all
TPS said:
Yes I am.
The car was driven differently on the test drive. It had no tax and the trade plates were out on another vehicle at the time so the drive was done in the industrial estate the dealer was based on.
Got the car up to reasonable speed and drove it around roundabouts listening for knocks etc but the judder only becomes apparent at motorway speeds.
Car was bought for the 120 or so mile motorway commute a day so until we actually got it on there the following day it wasn't noticeable.

As I say the windscreen then cracked, central locking packed in 2 days later and then the engine management light came on. They keep talking the car in and charging £12 a day for a courtesy car while they don't fix anything and it adds up. Bit of a sting when you've paid out almost £7k for a car already.

Spoke to the rac legal team last night who have advised us to get in writing that the car is roadworthy before accepting it back, they also advise that moving the wheel probably won't stop the judder anyway and to ask them for a replacement wheel or a fix. We'll see how it goes today.

TPS

1,860 posts

243 months

Tuesday 17th September 2013
quotequote all
Pulliptears said:
he car was driven differently on the test drive. It had no tax and the trade plates were out on another vehicle at the time so the drive was done in the industrial estate the dealer was based on
I guessed it was something like that.
The other poster did not seem to understand it never went above 50mph on its test drive.

steveo3002

11,232 posts

204 months

Tuesday 17th September 2013
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have they got any cars for sale with the same wheels? if you moan enough they might swap it over for some other mug to buy

you can argue if its acceptable enough on the back of your car then they can swap it over and its all cool right?

Pulliptears

Original Poster:

3,570 posts

196 months

Tuesday 17th September 2013
quotequote all
TPS said:
I guessed it was something like that.
The other poster did not seem to understand it never went above 50mph on its test drive.
Yep, its motorway speeds where it becomes REALLY obvious. It does appear around 50 on a straight road, but the winding roads of the industrial estate weren't really enough to replicate the problem. On a motorway drive, especially at deceleration, it can feel like you are going over a rumble strip.


steveo3002 said:
have they got any cars for sale with the same wheels? if you moan enough they might swap it over for some other mug to buy

you can argue if its acceptable enough on the back of your car then they can swap it over and its all cool right?
Thats actually a VERY good idea smile They are a huge dealer with lots of cars just like this one so yes, they will have the same wheels.

Pontoneer

3,643 posts

216 months

Tuesday 17th September 2013
quotequote all
SpeckledJim said:
Q. How did he find the problem?

A. He drove the car.

Are you suggesting it drove differently before he bought it to after he bought it?

I'm fairly sure the dealer will help, but the OP approved the condition of the wheels when he test drove it and bought the car. He's now relying on some goodwill, which since the car seems to be a bit of a pup, he probably deserves.

Alternatively, he may be a pernickety nightmare customer who is quickly to get short shrift. How are we webtards to tell?
Yes , I too am wondering whether or not the car was test driven prior to purchase and why this judder wasn't picked up then ?

In any case , consumer law is on the buyer's side in as much as faults discovered within six months of purchase are deemed to have been present at the time of purchase . The only way it can be excluded is if the defect is pointed out prior to purchase and the customer agrees to buy the car as-is for a price taking this into account .

There is also a consideration of vehicle condition against age , mileage and price paid : in other words if you buy an old/cheap car you can't expect perfection .

In the case of a three year old car sold at normal retail price , it is reasonable to expect something roadworthy and free of major defects , although a few minor marks/wear and tear would be expected . I would not expect to have to put up with a damaged wheel .

If you suspect the car went through an MOT with a cracked windscreen and was given a pass when you think it ought not to , you can complain to VOSA who will investigate . If it is established the MOT was 'dodgy' it may help a case to reject the car , if that is what you want ?

Lastly - why on earth are you PAYING for the loan car ? If you are being inconvenienced by the car you bought having to have defects rectified which ought not to have been there in the first place . The courtesy car should be provided at THEIR cost as it is due to their failure to supply your car in a satisfactory condition that you need it .

If you have legal assistance with your insurance it may be worth asking if they can help you deal with this garage ; AIUI , the legal assistance may not be limited to only in connection with an insurance claim .

If that avenue is not open to you it may be worth speaking to a lawyer for some proper legal advice .

Pulliptears

Original Poster:

3,570 posts

196 months

Tuesday 17th September 2013
quotequote all
Update.....

Got to the garage where we rejected the car. Much shock on the faces of the staff and the service manager then backtracks and explains that its not the alloy, it's the tyre and they will replace that asap. Giving it a chance husband gets in the car and the first thing he notes is the mileage is exactly the same as it was when the car was dropped off - how do they know its sorted? They haven't driven it!

Giving them the benefit of the doubt he pulls on to the motorway where by now the judder is worse than it ever was and obviously coming from the rear wheel. He gets to the next junction and goes back, hands reception the keys and tells them he's done with the whole thing.

Manager then appears and admits now that actually they now have a drive shaft on order.
Many more apologies ensue, a promise to replace the wheel and tyre, sort the drive shaft and DPF and no charge for the courtesy car. He has accepted this as the 'last chance'. Should it return again with issues it will be rejected and we'll pursue it through the credit card.

I don't expect a second hand car to be perfect, but a 3 year old vehicle with constant defects they don't seem capable of fixing when you've only owned it for 3 weeks is taking the piss a little.

Pontoneer

3,643 posts

216 months

Tuesday 17th September 2013
quotequote all
Good , by giving them all these opportunities to remedy the problems , but stating you will not accept the car without them being resolved , you will be seen as having been more than reasonable should it come to litigation .

Should they be awkward about refunding , another option may be another car from their stock - subject to a thorough inspection / satisfactory test drive .