i have just bought a cloverleaf from a dealer, and i on the way home i noticed that steering wheel was shaking so i took the car to a Tyre place to see is it was balancing but i found out that 3 of the tyres was out of shape and furthered and one of was very damaged with wires showing all four wheels was illegal !!!! , so i got four new tyres put on the car and i have contacted the dealer and told him about the tyres, i have said him to pay for the tyres he is say that it has nutting to do with him because the it passed the M.O.T with no problems and i will have to pay for the tyres but he offered me 12 months warranty which i dont want i just want the money ? What Should i do ??
need help asap
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did you not test drive car before buying and check the tyre condition...anyway try to get written confirmation and possible photos of tyres from garage and take them to axxehole dealer and contact trading standards and report the place the mot was
done.name and shame this dealer for sure.
on the Brightside you now have a qv...welcome:thumbup:
get the car looked at by a proper garage as that mot sounds sxxt for peace of mind
done.name and shame this dealer for sure.
on the Brightside you now have a qv...welcome:thumbup:
get the car looked at by a proper garage as that mot sounds sxxt for peace of mind
Document the evidence that the tyres were unsafe, photos, letter from the mechanic. Oh and keep the tyres if you can.
Then contact the dealer and politely ask him to pay for the tyres.
Make sure you stay calm and don't threaten him or do anything silly.
If they then refuse to pay for the tyres, advise him politely that you will be contacting the authorities including whoever manages MOT licensing.
Write it all down about who said what and when, date and sign it.
Then contact the consumer affair department and the MOT licensing body. Let them sort out this probable breach of MOT licensing and consumer law.
I had an issue years ago with a dodgy roadworthy done by the dealers mate, they very quickly backed down when they realised they could lose their license to sell cars and conduct roadworthy checks.
Then contact the dealer and politely ask him to pay for the tyres.
Make sure you stay calm and don't threaten him or do anything silly.
If they then refuse to pay for the tyres, advise him politely that you will be contacting the authorities including whoever manages MOT licensing.
Write it all down about who said what and when, date and sign it.
Then contact the consumer affair department and the MOT licensing body. Let them sort out this probable breach of MOT licensing and consumer law.
I had an issue years ago with a dodgy roadworthy done by the dealers mate, they very quickly backed down when they realised they could lose their license to sell cars and conduct roadworthy checks.
thank you for your help, i have kept the tyres and i am getting a report done by were i got them fixed stating the tyres was unsafe to drive on and i am getting a M.O.T man to write a report on the car and tyres trying to find out if the aa or rac to do i report on them but unsure if they will ? , i have also took photos of the damage and what not, i will post some pics up of the tyres , i was advised from the tyre place that legally he can not let me drove on them that is how bad they was, i have contacted the bank and they are investigating the dealer!! and tyres!!
and how should i name and shame ?
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Personally I'd just sort the tyres out and make a mental note not to use that dealer again. It's not worth the hassle or cost. There is not a lot you can do now. I could give you chapter and verse about the Consumer Rights Act etc, but it is quite involved, and you would need to reject the car under section 22 within 30 days of purchase, and BEFORE you get the work done.
I wouldn't name and shame yet, it could backfire. Wait until you have exhausted other avenues.
A quick google, for the relevant websites.
But before you kick off this process, it is worth asking for the dealer to pay for new tyres formally then you have every right to go with the below nuclear options.
Complain about the MOT
https://www.gov.uk/government/publications/complain-about-an-mot
Consumer rights
https://www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-used-car/
hey
apparently do the dealer what i have bought the car from he is saying the tyres have nothing to do with him ? , but do you think i have a case or the right to charge him ? he has start does fall under consumers rights 2015 ( fit for Purpose) ?
hey , i will be calling citizens advice Tuesdays when they open and if i have claim , but i have two reports from to different company now one is a tyre place and one is a mot place witch i am in my right for the deal too deal some or all because the wheels tyres was poop and i only bought the car last night
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What you should've done was go straight back to the dealer when you felt the shaking.
I'm not a lawyer, and I have seen lots of opinions on forums around law, which become highly subjective.
So I'll not venture an opinion only point you towards helpful advice and how to calmly resolve the matter.
Hello thank you for your reply, Do you think I should I should go forward with this battle?
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562 Posts
If you have evidence to substantiate your claim stating that the tyres were defective, then at the very least I think you should write to the garage enclosing copies of the report and requesting reimbursement, threatening further action if no payment is forthcoming. If you bought the car on finance then you could also write to the finance company as well, as they may also be liable.
Good luck.
O
o55ie18
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Hi there,
I have a Cloverleaf which i bought in November and unfortunately the Turbo failed (it was already heading towards death row we believe when the previous owner traded it in). Due to this, and the car being sold to me that way, after LOADS of messing around and delays being passed pillar to post, the warranty company denied the claim as the car was 5 years old with 56k miles.
I then stated the Consumer Rights Act 2015 and claimed the car was sold to me in an 'unroadworthy condition' and they agreed and payed for a brand new turbo etc themselves. This was a large expense to them but its those words what drove them to buying a new one.
The CRA2015 promotes the car must be in roadworthy condition, even if it is bought privately, unless stated otherwise.
Through a delaership, I BELIEVE you now have 30 days to return the car for a refund unless the dealer is offering to correct the fault, in which you must give them chance. Legally, if we have substantiating grounds / evidence / legit claim, a car can be returned up to 6 months later IF the fault was not rectified satisfactorily (however its doubtful to then receive a FULL refund, only partial)
My advice, as previous members have said, document conversations (times / dates etc), keep ALL evidence, written reports and tyres, and persue the claim. If the car was sold to you with illegal tyres and you were not advised of this (unless the delaership stated the car is not roadworthy), then you have the right to claim and should be successful.
They will more than likely refuse the claim as most people cant be bothered to persue further.
However, remain calm and polite. As soon as you submit a formal letter..... Their approach will change and I would think you would be reimbursed
Good luck and I hope this is a successful outcome for you
I have a Cloverleaf which i bought in November and unfortunately the Turbo failed (it was already heading towards death row we believe when the previous owner traded it in). Due to this, and the car being sold to me that way, after LOADS of messing around and delays being passed pillar to post, the warranty company denied the claim as the car was 5 years old with 56k miles.
I then stated the Consumer Rights Act 2015 and claimed the car was sold to me in an 'unroadworthy condition' and they agreed and payed for a brand new turbo etc themselves. This was a large expense to them but its those words what drove them to buying a new one.
The CRA2015 promotes the car must be in roadworthy condition, even if it is bought privately, unless stated otherwise.
Through a delaership, I BELIEVE you now have 30 days to return the car for a refund unless the dealer is offering to correct the fault, in which you must give them chance. Legally, if we have substantiating grounds / evidence / legit claim, a car can be returned up to 6 months later IF the fault was not rectified satisfactorily (however its doubtful to then receive a FULL refund, only partial)
My advice, as previous members have said, document conversations (times / dates etc), keep ALL evidence, written reports and tyres, and persue the claim. If the car was sold to you with illegal tyres and you were not advised of this (unless the delaership stated the car is not roadworthy), then you have the right to claim and should be successful.
They will more than likely refuse the claim as most people cant be bothered to persue further.
However, remain calm and polite. As soon as you submit a formal letter..... Their approach will change and I would think you would be reimbursed
Good luck and I hope this is a successful outcome for you
Thank you for help, I am picking the report on the tyres and getting a receipt Saturday or tomorrow afternoon, then send an email to the car dealership and request an refund on the tyres, and state the necessary stuff and pictures and report, so I hope it goes well for me and I will get some money back, then I NAME AND SHAME THE DEALER!!!
If there is any other advice you can give please let me know, and I will keep everyone updated
Thank you again for your help
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It might be worth checking for letter before action templates on the web to give you an idea on what to put in the email, to make sure you cover everything. The CAB have good info on this at https://www.citizensadvice.org.uk/c...action/step-one-write-a-letter-before-action/ and an example letter at https://www.citizensadvice.org.uk/c...lems-with-goods---letter-before-court-action/.
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30 Posts
Hiya mate.
I will tell you categorically that once you have had the tyres changed, you have breached your terms of contract under the CRA. If you had an issue with the car that made it unroadworthy then you should have taken it back and asked the dealer what he was going to do about it or you were going to reject the car under section 22 of the CRA. By having the work done, you have breached the dealers right to repair the car. It's as simple as that, and thats all he would need to say in court - That he would have offered goodwill and changed them but he couldn't because it was already done. You have had the work done by (from his point of view) by an unauthorised repairer and now you want to present him with the bill. The law wouldn't support you doing that. You could eventually try and build a case with your reports etc and pursue him for the cost of the tyres through the small claims court, but that is an awful lot of time and a lot of expense to go to to get a few hundred quid back. It just isn't worth you while.
I will tell you categorically that once you have had the tyres changed, you have breached your terms of contract under the CRA. If you had an issue with the car that made it unroadworthy then you should have taken it back and asked the dealer what he was going to do about it or you were going to reject the car under section 22 of the CRA. By having the work done, you have breached the dealers right to repair the car. It's as simple as that, and thats all he would need to say in court - That he would have offered goodwill and changed them but he couldn't because it was already done. You have had the work done by (from his point of view) by an unauthorised repairer and now you want to present him with the bill. The law wouldn't support you doing that. You could eventually try and build a case with your reports etc and pursue him for the cost of the tyres through the small claims court, but that is an awful lot of time and a lot of expense to go to to get a few hundred quid back. It just isn't worth you while.
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1,254 Posts
Not worth the hassle of getting involved for the cost of a set of tyres in my opinion.
I think you had your chance to check the car over when you bought it and should have rejected it then and there. If they were as bad as you state, you should have walked away. I never expect new tyres on a used car, it just comes with what's on it and if you don't like them either walk away or budget to replace.
I'd suggest putting it down to experience this time or the only winners with be the blood sucking lawyers...
Soz!
I think you had your chance to check the car over when you bought it and should have rejected it then and there. If they were as bad as you state, you should have walked away. I never expect new tyres on a used car, it just comes with what's on it and if you don't like them either walk away or budget to replace.
I'd suggest putting it down to experience this time or the only winners with be the blood sucking lawyers...
Soz!
Couldn't agree more.
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497 Posts
As others have said, out of shape tyres are annoying but not illegal, you dont have a case here the expectation is that you pick such things up on a test drive. You should have also given the dealer a chance to put it right, you didnt and did it yourself, if I was the dealer I dont think I'd be too happy if a customer took that approach and slapped me with a bill for new tyres I may have been able to source cheaper myself.
The tyre with wires showing, this could be illegal and it is illegal to sell a car in the UK with tyres that dont conform to regulations, irrespective of whether an MOT was or wasnt in place previously he has a duty to replace tyres under such circumstances. If youre going to attack this may be the best and only avenue you could go down. But even then you didnt give the seller the chance to put it right and UK legislation does support giving sellers the oppertunity... I am not sure you are on very solid ground with this I'm afraid
The tyre with wires showing, this could be illegal and it is illegal to sell a car in the UK with tyres that dont conform to regulations, irrespective of whether an MOT was or wasnt in place previously he has a duty to replace tyres under such circumstances. If youre going to attack this may be the best and only avenue you could go down. But even then you didnt give the seller the chance to put it right and UK legislation does support giving sellers the oppertunity... I am not sure you are on very solid ground with this I'm afraid
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