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My Scabby Rims


Mr Morse
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Many of you will have seen this thread over on Gold.....

The latest is....that the defendant has entered a defence, that I am obliged to accept a set of replacement alloy wheels rather than me having my money back. He is not disputing the poor quality of the goods he supplied to me.

Initially (back in October 2005) I said I would accept replacements, but nothing happened for so long and he wouldn't return my calls that I wrote to him asking for a refund.

Surely I do not have to accept replacement wheels under the Sale of Goods Act and I am within my rights to demand a refund?

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Were they new? If so you are entitled to refund.

If they weren't new then you are entitled them to be as described ( if bought without seeing ), in this case I think you would be entitled to a replacement in a reasonable time ( say 10 days ) or full refund.

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Whats wrong with them?

i've heard lots of horror storys of china/asian made wheels.. most of the retailers just throw new set out rather than cash.

If your not satisfied with the wheels and nothing else they offer fits the bill... i'd make them pay for ones i did want! Or atleast contribute the amount you initally paid?

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Many of you will have seen this thread over on Gold.....

The latest is....that the defendant has entered a defence, that I am obliged to accept a set of replacement alloy wheels rather than me having my money back. He is not disputing the poor quality of the goods he supplied to me.

Initially (back in October 2005) I said I would accept replacements, but nothing happened for so long and he wouldn't return my calls that I wrote to him asking for a refund.

Surely I do not have to accept replacement wheels under the Sale of Goods Act and I am within my rights to demand a refund?

I have not seen it in Gold but ...

If the goods are not fit for purpose or poor of poor quality - (not the described quality etc), then YOU can void the contract. Which means you can ask for a full refund. It will probably say in his Terms and conditions, that he can repair or replace the goods at his discretion. But if you have been able to make the contract voidable (because he has not kept to the contract -ie goods not as described), then you can void the contract thus his t+c are not relevant and he can not revert to them.

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Whether a product is used or new, if it's not durable, safe or fit for it's purpose you are entitled to a full refund, provided you reject the goods immediately. (I bought a 4 year old car from a trade supermarket, drove it for 2 weeks, found out the bushes were knackered, and managed to get a full refund).

Since you accepted the offer of replacements, I quote from consumer direct's website, "If you agree to let the seller try to put faulty goods right, this also does not affect your rights. Make it clear that if the repair fails, you will be rejecting the goods and seeking a refund."

You are legally able to demand a full refund. Don't let him fob you off.

Have a look at this URL. Give them a call, they are actually very helpful.

http://www.consumerdirect.gov.uk/your-rights/fs_c04.shtml#3

Oh, and get your local trading standards involved too, for added leverage. Sounds harsh, but fax a letter to the supplier, CC BBC Watchdog. That usually gets a refund in no time at all.

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Very useful link......

I gave them a call and they told me that for me to be entitled to a refund, I would have had to reject the wheels immediately (ie within a few days). However, because it has taken so long for the trader to do anything about replacing the wheels, it would be at the court's discretion to award a refund and I risk coming out of it with nothing!

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  • 5 months later...

This sorry tale continues.....

It's been 5 months since the supplier (hereby Named and Shamed):

Rodeo Drive Ltd

c/o Sexton's

Fishergate Point

Lower Parliament Street

Nottingham

Owner's name: Abi

Agreed to replace all four rims under warranty. All I've heard from him are BS excuses that the manufacturer hasn't given a response. Anyway, it's time to go back to the Court.....

Rim1_pic1.jpg

Rim2_pic1.jpg

Rim3_pic1.jpg

Rim4_pic1.jpg

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They're really bad. As the vendor is in Nottingham did he see the goods before you received them or were they despatched from somewhere else and he was just an agent in the deal?

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They're really bad. As the vendor is in Nottingham did he see the goods before you received them or were they despatched from somewhere else and he was just an agent in the deal?

I sent him these very same images, plus some close-ups. I gave ConsumerDirect a call this afternoon, they took down the details and said they'd pass it on to Trading Standards who would give me a call in the next few days.

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