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Section 75 - Claim rejected unfairly

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  • molerat
    molerat Posts: 34,600 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 January at 10:11PM
    The problem then will be that if machining and spigot rings, as offered by the supplier of the service, would be a satisfactory and safe method of recovering the wheels then your S75 - and any possible later court action - may be doomed to failure on that point.  BMW are not really a good source of advice on that as they don't repair things they just replace parts and anything outside original manufacture spec is not acceptable although could be 100% satisfactory from both an engineering and safety aspect.  And not all spigot rings are plastic, metal are available. Just because you find it unacceptable doesn't mean that it is. Another point is that what is your actual loss, a set of battered second hand BMW wheels - how much are they worth, replacing with new is betterment.
  • benwade
    benwade Posts: 16 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    I did plenty of research to understand if the use of spigot rings is safe and approved, it is safe to use on wheels to reduce the locating diameter and is common practise. It’s not however common practise to remove material from a wheel (weakening it in the process) and then use a spigot ring to ‘add’ that missing material back on. I couldn’t find anything about the method they’re proposing being safe or acceptable, especially for my use case where I take the car on track and the wheels will be more stressed than normal. If anyone has information saying otherwise, I would be very happy to see it.

    The wheels were in almost perfect condition before the refurbishment, the paint had slightly dulled and 1 wheel had a minor kerb mark. I take great care in my car and I wanted them perfect. To buy a second hand set in similar condition would be roughly £1400. Add on the £300 to refurbish and it’s not far from the cost of new wheels. Of course, to replace in this way is also acceptable to me.

    The other thing here is that the wheels are a second set for me and they are very desirable second hand, when I come round to selling them in the future, they will be devalued if spigot rings must be used to make them work.
  • penners324
    penners324 Posts: 3,511 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Why didn't Tesco do a charge back? That's usually the first step.

    Why not threaten the garage with court action?
  • born_again
    born_again Posts: 20,491 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    benwade said:
    Olinda99 said:
    This is obviously wrong and Tesco are trying it on

    It's like them saying your kitchen refurb quote is 12 different jobs - one for each kitchen unit installed

    Complain to them
    That’s how I see it too, pleased I’m not alone :)

    benwade said:
    Unfortunately I don’t have an invoice, I wasn’t given one and I didn’t think to ask for one as everything looked good when I collected.
    What I do have is the transaction on my credit card statement and screenshots of how the job was quoted, one set at £300.
    The company has plenty of deals advertised for sets of wheels on their Facebook (which is where I booked), actually they only quote for sets of wheels there. The tricky bit is that their website (which isn’t where I booked) only quotes individual wheels.

    My view is that I had a quote for a set of wheels through Facebook and that’s what I booked in for and paid for. Tesco however divided this by 4 even though it wasn’t quoted per wheel.
    If you do not have a invoice. Then Tesco are going to look at the amount debited the account. Divide by 4 = under £100.

    What did the retailer say when you went back to them, given they damages them?

    For S75 you need to prove your case.
    Surely they should look at the proof of how the job was quoted given the lack of an invoice?

    The retailer offered a repair of the wheels but I was not happy with their proposal, they wanted to machine some of the metal away and replace with plastic spigot rings - this modification would affect the part of the wheel which bolted to the wheel hub of the car, this is a highly stressed area. I wasn’t happy with the proposal so I checked with BMW if this was an approved method and they told me it’s not. I have all of this in writing. The retailer told me the only other option was “to put them in the bin”. I told them the only way to fix this is to replace the wheels which they’ve refused as they think their offer of a repair is acceptable, despite my proof that it’s not.
    Sadly it is up to you to prove breach of contract &/or misrepresentation.

    Without a invoice you do not have that proof. Simply pulling something off a online page is not the same evidence.

    So if S75 fails then you are looking at a money Claim Online against the retailer. As you have proof from BMW that this is not a approved repair.
    Life in the slow lane
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