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Author Topic: retail legal Help  (Read 5870 times)

Offline mpbrit

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retail legal Help
« on: August 10, 2011, 07:52:45 pm »
Hi Guys,
I hope someone out there can help me. I bought my 06 GTi from a VW dealer in Essex at the end of June 2011. It is a Das Auto approved vehicle and was originally supplied by the garage I bought it from. On the web site is was advertised as having 18" Monza 2 alloy wheels.
After having this now for 6 weeks one of the centre caps VW logo came off. I contacted my local VW garage bought the correct part number and tried to fit without luck. I took the car to the local dealer and they after looking at the wheels were suspicious that they were replicas. 
After taking the wheels off, there are no VW part numbers on the wheel or the caps which leads me to believe they are replicas and not OEM Monza 2's.
Since the original advert stated they were Monza 2's and not replicas, have I got a leg to stand on to challenge the trade description of the car and ask for OEM ones? Basically the centre caps supplied by VW wont fit so I cannot replace them and the wheels do not have any make on them so I am up the creek in finding replacement caps.
Advice would be great, I haven't got a copy of the original advert for the car although the VW garage I bought it from states that VW keep these on record. I contacted VW through the website but no reply yet?
Any help?
Mike

Offline baldwined30

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Re: retail legal Help
« Reply #1 on: August 10, 2011, 08:05:22 pm »
Possible try under the trades description act? Naivety is no defence for them. A VW dealer ship has supplied you with substandard goods. Try the human approach of asking them, should this not work maybe contact a friend who has a few letters after their name to up the anti.

Should they state that you have changed them post purchase you would have a very strong case that theres no way you would possible change a genuine set for replicas!! i know this may not be exactly what you were looking for but maybe its a start!
Ed30

Offline mpbrit

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Re: retail legal Help
« Reply #2 on: August 10, 2011, 08:11:46 pm »
Thanks Baldwined30,
I am discussing it with the dealership tomorrow, I am not in their good books though following a few complaints about the vehicle. They have already replaced fault items and had to repay for a professional valet so I am not optimistic about their response. I do have a few friends that could help if things get messy but would rather the easy option. I will keep you updated.
Mike

Offline LouCyffer

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Re: retail legal Help
« Reply #3 on: August 10, 2011, 08:51:51 pm »
It seems that you're only course of action is to negotiate with the dealer. They could not have been reasonably expected to remove wheels to look for part numbers, and unless the wheels were quite definitely different in appearance (neither you or the dealer noted any difference) & this was concealed, there is no deliberate attempt to mislead on their part. The other course of action is to reject the vehicle as not fit for it's intended use, but the time gap to do this has expired, and as you've had it since June, it clearly is quite useable.

However, it is implied that a VW approved used car would come on VW wheels unless stated otherwise. You could say that, as a VW approved used car, you have a right to expect VW wheels, as they are standard fit on VW cars, which is the line I would use. I would also be inclined to up the ante by calling VW Customer Care, they may want to help. As the vehicle has replica wheels, this has a significant impact on it's value; you should, if the dealer doesn't want to do anything else, demand some form of financial rebate to reflect the lower retail value. You may not get 4 new Monza 2's though, they are £550 each.

I think that trading standards may not be too interested, however Citizens Advice may be able to guide you as you go.

Above all, be firm & polite. Don't back down, take notes, keep a record of who you speak to, and you should reach a satisfactory outcome :happy2:
Black 2008 5 door GTI. Leather, DSG, ipod prep, 18" Monzas. Retrofitted: Cruise, PDC, RNS510, 729 Skoda Bluetooth (thanks SteveP), MFSW buttons (thanks MortyGTTDi), Armrest & vents, covered cupholder, Highline (thanks Kalu), Polar FIS+ (thanks Richn), Reversing camera (thanks MortyGTTDi)

Offline stealthwolf

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Re: retail legal Help
« Reply #4 on: August 10, 2011, 09:24:54 pm »
Remember to tell them your insurance company doesn't accept mods and means you wouldn't have bought the car if you'd known it had replicas. Or something to that effect.

The GTI isn't just a machine. It's very much a living, breathing thing.

Offline JPC

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Re: retail legal Help
« Reply #5 on: August 10, 2011, 09:29:45 pm »
I think to be honest, unless they specified them to be genuine Monza 2 alloys, rather just "monza 2" wheels i think the onus was on you to check they were genuine or not?

I know they are hard to spot...but in the garages eyes you've viewed the car, agreed your happy with and paid for it and taken it away.

Offline mpbrit

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Re: retail legal Help
« Reply #6 on: August 10, 2011, 09:43:19 pm »
These are whats on there:
FNS


RNS


Inside




The cap is completely different as it is a sticker instead of a cap!!!
Thanks for all the advice, I must disagree with JPC as although I agreed to buy the car from VW and inspected it, I inspected it as a DasAuto approved vehicle with advertised 18" Monza 2 alloy wheels. Unless I was a serious enthusiast I would not know the difference between original and replica. It is easy to inspect a vehicle but I very much doubt the dealer would have let me jack her up to remove the wheel and check they were OEM!! I am also not a serious enthusiast as this is my first VW
I will update you as to the result but I feel a long battle is in the future!!!
 :confused:


Offline JPC

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Re: retail legal Help
« Reply #7 on: August 10, 2011, 10:04:00 pm »
Yeh you could be right, and I'm very sorry to hear of your predicament.

What has happened, the previous owner has tried to get as much money out of the dealer as poss so spend £300 on some reps and told them they're genuine.

Im sure you'll be able to get a new set out of the dealer on goodwill. ;)

Nasir

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Re: retail legal Help
« Reply #8 on: August 10, 2011, 10:27:14 pm »
They're definitely fake.

Offline dmac1969

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Re: retail legal Help
« Reply #9 on: August 10, 2011, 10:46:49 pm »
Which dealer is this? I know a dealer that fits reps and sells the OEM 17 on Ebay , it does usually state monza 2 STYLE wheels in the car ads though.
2005 Golf GTI 3 Door - Tornado Red. (2010 - 2012)

2008 Golf GTI 3 Door - Candy White , 18" Monza II's , Leather , Armrest , Rear Park sensors. (current car)

Offline baldwined30

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Re: retail legal Help
« Reply #10 on: August 11, 2011, 10:52:24 am »
I think to be honest, unless they specified them to be genuine Monza 2 alloys, rather just "monza 2" wheels i think the onus was on you to check they were genuine or not?

I know they are hard to spot...but in the garages eyes you've viewed the car, agreed your happy with and paid for it and taken it away.
Sorry I have to disagree with this comment. Monza 2 is tha name VW or BBS have as their name for their wheel, any other manufacturermust use an alternative name or state they are replica to the original
Ed30

Offline TurboTrev

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Re: retail legal Help
« Reply #11 on: August 11, 2011, 11:35:27 am »
Also, their computer system records the car spec against the chassis number so if they'd checked that it would show the car was originally fitted with 17s (unless 18s were fitted and someone replaced them with replicas, which they definitely are).

Offline baldwined30

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Re: retail legal Help
« Reply #12 on: August 11, 2011, 11:44:30 am »
That's a good point! There's a sticker somewhere on the car that if you give them the number they will check the spec!
Ed30

Offline mpbrit

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Re: retail legal Help
« Reply #13 on: August 11, 2011, 04:08:48 pm »
I had this done yesterday and the car was supplied with 17" Denver alloys. Spoke with sales assistant today. Awaiting call back from manager tomorrow!!!

Offline baldwined30

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Re: retail legal Help
« Reply #14 on: August 11, 2011, 04:10:38 pm »
There you go!! That's pretty good then! Although you may end up with a set on 17s!!
Ed30