Used Car - spare alloy damaged, checking my rights

Impet_Limpet

I bought a second hand 2011 VW from a dealership 5 months ago.
I took it to have a worn tyre replaced today (somewhere else) and while I was there asked for the spare alloy to be fitted on the car and the new tyre to become the spare.

On taking the spare alloy out I noticed it was scuffed and a chip out of the lip was missing. The alloy is currently fitted with an unused tyre (in hindsight I guess the previous owner kerbed it and needed to replace the tyre as a result)

It turns out this alloy loses air, so I don't have a working spare.
Will I need to foot the repair bill for the alloy or should I reasonably expect the dealership I bought the car from to pay/contribute.

The car is part of the Das WeltAuto Programme http://www.volkswagen.co.uk/used/what-approval-means
This suggests the car was fully checked and reconditioned before sale -should this have included the spare?

The car comes with a 12 month Warranty - should I be claiming on this? However the T&C says the Warranty does not cover "any type of accident"

What happens if I visit the dealership and they turn it on it's head and suggest I have damaged the alloy? (we haven't used it at all)

(Other information - not sure if relevant Deposit of £400, paid on Credit card, balance by part exchange and remainder on a finance agreement from the dealership)

I don't want to go into the dealership tomorrow and ask for something unreasonable, but I don't want to be fobbed off either.

forgotmyname

If they say you damaged it then unless you can prove otherwise your going to be putting your hand in your pocket.

5 months.. I presume the thought of checking tyre pressures weekly doesnt appeal to you?

This is one of those times where spending lots of money at the same dealers for years on end may pay off. If your a regular customer they may nick a wheel off another car and swap yours.

They may have a car thats below their standards and going to auction. Where that will make little difference if any.

Hintza

^^^^^ I have to agree with the above. Think you are too far down the road now.

ThumbRemote

Well legally it's still within the timescales for the dealer to prove that OP did cause the damage, not the other way round. Just depends what regard the dealership has for the law.

OlliesDad

ThumbRemote wrote: »

Well legally it's still within the timescales for the dealer to prove that OP did cause the damage, not the other way round. Just depends what regard the dealership has for the law.

I'm not convinced that's right. It is outside of the time of acceptance for the OP and therefore he has accepted the condition the car is in.

It is now down to whether or not the dealer would be able to prove that it is not an inherent fault.. something which I doubt they would struggle with.

wealdroam

OlliesDad wrote: »

It is now down to whether or not the dealer would be able to prove that it is not an inherent fault.. something which I doubt they would struggle with.

And I'm not sure that is right (too many negatives for me to get my head around).

Within the first six months following the sale it is for the seller to prove that the fault wasn't present at the time of sale.
I imagine the seller will find it difficult to prove that.

If that's what you are saying OlliesDad, then I agree with you.

Impet_Limpet

Thanks for your replies guys (btw I'm a she not a he, I appreciate the name doesn't give a clue!) Admittedly although I check tyre pressures every two weeks on the fitted wheels, I haven't personally done the spare

Your input is much appreciated, the spare was almost the correct pressure when it was taken out of the boot (needed 5psi adding, not sure if this is luck or whether my better half has done it recently), but once fitted to the car lost 10psi within 10 hrs.

As it appears unreasonable to expect then to contribute, I'll bob in and speak to them, and ask nicely on the off chance. This is the first VW I have bought from this dealership although there is an independant specialist we have taken all our previous VAG cars to so maybe they can help me find a suitable second hand one.

arcon5

Surely though this isn't to do with the 'goods' being 'faulty' - just wear and tear which should have reasonably been spotted when inspecting the car pre-purchase. In the same way if the exterior was littered with scratches and you went ahead with the purchase knowingly then you couldn't necessarily demand a repair as it would form part of the 'description'.