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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 58793
Experience:  Qualified Solicitor
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I bought new wheels for my car online and brought it today

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Hey. I bought new wheels for my car online and brought it today to a tyre service garage. They fitted for new tyres and put the wheels on the car. When the car was started and tried to drive out of the garage it made a noise and did not move. Looking at the front wheels, it turned out they were catching on the callipers. It looks like the supplies wheels are not fit for the car. But now the callipers are broken and as well the wheels. Means I sit on a big bill now. Can I claim the money back from the garage as they should have realised wheels and calliper are clashing before driving the car? They should have spin the wheels manually before putting it back in the ground. Clearly they did not do it. Ralf
Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: I am Manchester in England, Lancashire
Assistant: What steps have you taken so far?
Customer: Car was picked up by BMW to repair it. I haven’t done anything else yet
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

When a consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015, which states that the goods must be:

· of satisfactory quality – they must not be faulty or damaged when received

· as described – they must match any description given at the time of purchase

· fit for purpose – they should be fit for the purpose they are supplied for

If they do not meet the above requirements, you will have certain legal remedies against the seller. Any rights against the manufacturer will only be under a manufacturer’s warranty that came with the goods. Do note, however, that there is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.

The rights against the seller are:

1. Reject the goods and request a refund – this is known as the ‘short-term right to reject’ and must be done within 30 days of purchase or delivery.

2. Repair or replacement – this can be done within the initial 30 days, or after that if the consumer can no longer reject the goods for a refund. It is the consumer’s choice as to whether they opt for a repair or replacement. There is a ‘one shot chance at repair’, meaning that if a repair has failed, the goods can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep them, they can ask for a price reduction, based on what is wrong with them.

It is also important to note that the law assumes that any issued which develop within the first 6 months of buying the goods were present at the time of purchase, unless the seller can prove otherwise. If they develop more than 6 months after purchase, it is for the buyer to prove that they were there at the time of sale.

Once a decision has been made on which option you would pursue, you must contact the seller and advise them. If they refuse to discharge their legal obligations under consumer laws, you should remind them of these as per the details above. If they still appear reluctant to assist, write to them one final time, warn them that they have 7 days to comply and inform them that if they fail to honour your statutory rights, you will have no choice but to report them to Trading Standards and start legal proceedings through the County Court to seek compensation.

Does this answer your query?

Customer: replied 2 months ago.
That answer the question regarding the wheels. But as the fitting shop is not the same company like the one I bought the wheels it’s not answered. The fitting shop fitted the wheels and damaged the brake callipers plus wheels because the tried to drive the car. If they would have spinned the wheels manually (common practise) after fitting they would have noticed they clash with the brakes. Now I have to pay for the repair of the brakes plus a rental car. The question is, am I right in saying they need to pay for this?

They need to have performed the service with reasonable care and skill so if they failed to do so and caused you losses then they will be liable for these. Does this clarify?

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