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      12-01-2008, 03:52 PM   #1
pjs
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Cracked BMW Alloy Wheels --- Taking legal action

You might have seen my cracked wheels thread elsewhere, this is a new one to keep it brief and simple. A few of you have been asking how I've been getting on

Long story short is that I've simply had two cracked rear alloys - Scothall and BMW cust services refuse to cover under warranty. Threatened BMW with legal action should they not resolve to my satisfaction, got ignored.

Just done the claim online whilst watching spooks, pretty simple, £60 cost.

Feel free to guess if I will suceed or fail....

Oh, and if anyone from BMW customer services is reading, good evening....
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      12-01-2008, 03:55 PM   #2
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Good luck mate, i hope you win.

I have a feeling it could turn into a re-call and replacement rims for everyone who had the bad batch.
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      12-01-2008, 05:05 PM   #3
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Take them on and take them out! Good luck.
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      12-02-2008, 02:03 AM   #4
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You used the money claim on-line system from the small claims courts? Good luck to you - I hope you win and set precedence.
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      12-02-2008, 02:28 AM   #5
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Quote:
Originally Posted by pjs View Post
You might have seen my cracked wheels thread elsewhere, this is a new one to keep it brief and simple. A few of you have been asking how I've been getting on

Long story short is that I've simply had two cracked rear alloys - Scothall and BMW cust services refuse to cover under warranty. Threatened BMW with legal action should they not resolve to my satisfaction, got ignored.

Just done the claim online whilst watching spooks, pretty simple, £60 cost.

Feel free to guess if I will suceed or fail....

Oh, and if anyone from BMW customer services is reading, good evening....

Good luck. It does sound to me as if there was something wrong with these rims and that BMW have been somewhat foolish.
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      12-02-2008, 03:37 AM   #6
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Good luck indeed,

Any idea how long this process takes?
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      12-02-2008, 03:40 AM   #7
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Not too long - using MCOL the respondent has 14 days to answer.
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      12-02-2008, 03:44 AM   #8
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Good luck PJS, I have the same rims also, but removed them from the car to fit the M6 reps. It would be worrying me greatly if I still had them fitted as my car is about the same age as the ones failing.

BMW MUST see the light on this one - it is far too much of a co-incidence that these rear wheels are cracking. Chances of hitting a pot hole with both rear wheels and not damaging a front must be very slim??? Surely BMW can see this??
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      12-02-2008, 03:50 AM   #9
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Quote:
Originally Posted by redE93cab View Post
Surely BMW can see this??
Indeed. I'll bet you a month's mortgage they will settle out-of-court with pjs and one of the conditions of the settlement will be a confidentiality clause. They will not want to go to court - the defence would cost far more than two wheels to make pjs go away, which they will be well aware, and there is an excellent chance they would lose if they defended it. If they lost in court it would set a precedent for anybody else with these wheels.

If you're in the same boat as pjs I suggest doing the same thing.
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      12-02-2008, 05:16 AM   #10
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Good luck. I've used the small claims court before and it worked
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      12-02-2008, 05:39 AM   #11
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what did you use it for Paul?

PJS mate, are you still running on the damaged items?
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      12-02-2008, 05:52 AM   #12
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A private matter Carl
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      12-02-2008, 05:59 AM   #13
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Quote:
Originally Posted by booforty View Post
A private matter Carl
That makes it even more intriguing Paul!!

Totally agree with xenon's comments as well.

Good luck with it pjs.
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      12-02-2008, 11:52 AM   #14
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I used the small iron bar court with great success on one occasion.
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      12-02-2008, 01:48 PM   #15
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Quote:
Originally Posted by xenon View Post
You used the money claim on-line system from the small claims courts? Good luck to you - I hope you win and set precedence.
yes, check out www.moneyclaim.gov.uk
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      12-02-2008, 01:50 PM   #16
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PJS mate, are you still running on the damaged items?[/QUOTE]


No, they are cluttering up my garage in case they are needed as 'evidence'.

May start a thread as to alternative uses for them, make a nice base of a coffee table or a planter in the garden
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      12-02-2008, 01:51 PM   #17
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Thanks

To all the above posters for your messages of support, I'll keep you 'posted' - they have 14 days to reply..
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      12-02-2008, 01:52 PM   #18
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Quote:
Originally Posted by pjs View Post
PJS mate, are you still running on the damaged items?

No, they are cluttering up my garage in case they are needed as 'evidence'.

May start a thread as to alternative uses for them, make a nice base of a coffee table or a planter in the garden[/QUOTE]

so you bought new ones then?


Quote:
Originally Posted by willhollin View Post
I used the small iron bar court with great success on one occasion.


PMSL
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      12-02-2008, 01:57 PM   #19
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so you bought new ones then?


Yep, not going put my wife and kids at risk, at least the dealer did them at Cost as a 'gesture'. £502.47 for both to be precise



PMSL[/QUOTE]
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      12-02-2008, 02:49 PM   #20
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the fact they did them at cost means your already onto a winner, thats partly admitting liability already.
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      12-02-2008, 03:01 PM   #21
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Quote:
Originally Posted by dxb335d View Post
the fact they did them at cost means your already onto a winner, thats partly admitting liability already.
Good point Carlos Fandango.
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      12-03-2008, 07:26 AM   #22
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Quote:
Originally Posted by xenon View Post
You used the money claim on-line system from the small claims courts? Good luck to you - I hope you win and set precedence.
Just so your aware precedence cannot be set in a small claims court. Whatever the outcome this wouldn't be taken into account by any other case of a similar nature in any other court.

This was the same situation with a lot of people who were/are claiming the refund of bank charges. Some people won and some lost and some had cases settled before the case went to court. The case was then refered to a higher court because of the volumes of claims. The banks are obviously worried because if they lose, precedence will then be set and the flood gates will open.

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