This maybe a little different to most topics, but I was wondering if people could help me anyway?

Ive been trying to get a refund on some alloy wheels which I purchased for my car last september. These wheels were illfitting and supplied with the wrong tyres for my car, thus causing damage.

For months I was promised a full refund, which was then retracted and I was told I could only have a credit note. Since then Ive been in contact with trading standards, as well as writing to the company twice, and also threatening them with legal action.

Still having no reply, I asked trading standards to contact the company. This is the reply i recieved.

Further to your email below, I can confirm that I spoke to Mr Mohammed at Dynamiks Design on 18th May 2005.

He has advised me that they have supplied the correct fitment to you. he went o to say that you could have an offset and that you bought are an offset 35 as these are the wheels that you wanted. He has advised that the tyres you bought stick out slightly at the back arches, but he says that the salesman explained this to you and said that they would catch with this type of offset. Dynamiks Design understood that you were not concerned about this and that you wanted this type of offset because of the appearance.

Mr Mohammed also advised that you originally told the salesman that you would be using the car for two people only. However, when the problem arose, you advised that the tyres were catching when you had 3 people in the back. Mr Mohammed went on to say that the rubbing will be worse with a heavier weight and that their advice to you was based on what you had told them. Mr Mohmammed also understood that you had told the salesman that you would be getting modified arches to accommodate the offset 35.

Mr Mohammed has advised that Dynamiks Design are prepared to offer a credit note or a new set of rims if you have changed your car. However, they will not replace the tyres or give a full refund as they do not feel that they have done anything wrong. In order to provide a new set of rims, they will require the old rims back, which they have advised they can sell as used (the reduced sale price meaning that they will lose out).

Mr Mohammed has also said that he feels that this matter has been going on for too long and could have been resolved a long time ago.

Whilst I can appreciate that the above reply may not be the response that you had hoped for, the difficulty that you have is proving what was discussed at the time of sale. In this respect, Dynamiks Design have the same problem and it would ultimately be for a judge to make a decision.

At this stage your choices are either to inititate action in the County Court, drop the matter or accept one of the offers made by the company.

Please let me know if you want me to contact Dynamiks Design in relation to their suggestions for resolution.

My apologies for not coming back to you sooner, but I took some unexpected leave.

Regards.

Seeta

Basically, the store are saying that they informed me of the fact that the wheels would not fit, and that I said I would only have myself and one passenger in the car... For those who are wondering, I drive a 5 Door Vauxhall Astra... A "Family" car. So why would I only carry one passenger?

They also claimed that I said I would be having the wheel arches modified, which I didn't as I specifically said I wanted to keep the car looking standard, only making subtle modifications.

If this comes to court, which it looks liek it will do, who would the judge listen too, the consumer, or the retailer? Would they believe that I "knowingly" purchased wheels which would damage my car, or would they accept that I relied on the shops advice when purchasing wheels which would fit my car, which I spesified i wanted to fit the car perfectly, which I did.

Any help appreciated

Scott

Can't you just take the credit and get the appropriate wheels or is this just a matter of principle now?

I suppose it would be difficult on either side to prove what was said but I would guess they would say they have made a reasonable offer which has been refused. How long did it take to realise the wheels weren't right?

Unless you really are prepared to go ahead with legal action then I would take the credit and get your new wheels!

It was 2 days untill i realised they were wrong. I heared them rubbing the back arches when i had some friends in the back.

Its a muixture of principle [i know of atleast 5 other people they have sold illfitting parts too, then lied to cover them selfs] since i bought my wheels and a need for the money to pay some debts off. So the credit note really isnt an option.

My mums an RAC member so she asked their legal department as she gets free legal cover, they told her that the judge would probably take my side, as people wont purchase things they know will damage their new car.

Just i dont like taking risks.

You should have gotten wheels running an offset of ET42 ideally for a vauxhall astra, if it's a mk3 you run 205 section tyres on a 17" rim, if it's a mk4 you run 215s but you can get away with 205's as the decrease in rolling radius is very small (1.34% to be exact if they are both 17" running a 40% profile).

I work with aftermarket wheels and tyres and in this case it's very hard to say who is right - I've had people flat out refuse my advice then come back claiming I never gave it, but then I have also had people dutifully listen to my advice and go elsewhere to buy wheels that I simply cannot supply in that time period.

Playing devil's advocate, if you have a mk3 astra I can't see any company selling wheels that are 7mm out of offset, as you would see it is incorrect straight away (lower offset numbers mean the wheel sits further 'out' of the arch, and vice versa) even if you agreed to having the arch lips rolled (which is an almost undetectable modification - it doesn't alter the appearance of the car in any way), you still couldn't comfortably hide a 7mm extension on offset. A mk4 can run ET38 wheels but without any passengers in the back or without any aftermarket lowering being carried out, but even so they are recommended to run between ET40 and ET42.

I'm not saying I'm automatically siding with the supplier, as that is not what I'm doing - but for every dutiful listening customer I've ever had, I've had 10 more who have said "will that bolt onto my car, I don't care if it sticks out". If, as the email says - you have bought them on the strict recommendation that the car won't be used to carry passengers in the rear, and then done so - it is Caveat Emptor in my opinion. Buyer Beware...

(Incidentally, any hatchback is a family car, just because it has five doors doesn't mean it's less likely to be modified with aftermarket parts and as such I think that argument is a non starter)

With this one, you should write the cost of the tyres off, accept new rims and if debts are a problem sell them on eBay or something like that. It is possible that the court would accept your version of events, but it is also possible that the retailer could turn open their order books to show x amount of satisfied customers. The most sensible idea is to accept a new set rims.

(Just to add, I have no bias here and I'm not related to the OP or the company involved in any way shape or form, this advice is given without prejudice and I am not a solicitor or law professional)

Do you have the original letter from them accepting responsibility and offering a full refund?