Does anyone know whether a main dealer can refuse to give a customer headlamps that were removed from a vehicle that were replaced due to damage in th dealers oven during spraying they undertook?

I wanted them to examine but dealer is claiming they own the parts even though their terms and conditions state that customers can ask for parts and can retain them.

Dealer is saying that this is not covered under standard terms and conditions as they were provided as a gesture of goodwill although this was never made clear at any points. Also no can they be a gesture of goodwill if they damaged them?

When asked where it states this in their terms and conditions and when I was told they were a gesture of goodwill the dealer has declined to come back to me.

Can anyone offer comment regarding this and could I take the dealer to court as they cannot prove that I was told this and there is nothing written down on their website stating anything in their terms and conditions about parts not being available. 2009 Vogue TDV8 Nara Bronze
2002 Vogue V8 Zambezi Silver
1986 90 Pick up Deep Bronze Green
1978 Series III SWB Deep Bronze Green

dealer replaced them as they made a mistake, sold the old ones to somebody who will refurb them to cut down on cash, you got new lights so in theory should be happy. Simple really. Current Vehicles :
L322 2010MY TDV8 Autobiography
BMW E38 735i
BMW E63 645ci

So, the dealer damaged them and then replaced them? If so, then you have no right to the parts.
If you bought new lights then he would have to give you the old lights back if you wanted them. Previously..
Vogue SE TD6
Defender 90 2.4
Defender 110 TD5
Vogue 3.5 EFI

I'm no lawyer but I'd suggest that you put the dealership on notice, in writing that you intend to take further advice / action and they should retain the item/s in original condition until the matter can be resolved. If you don't do this as sure as eggs are eggs they'll simply say that they've binned them and you'll never be any wiser.

That said, I'm not completely sure from your post if they have replaced the item with new replacements at their cost?

I've told the dealer and they said that they will retain them for a time if they're needed as part of a court case. They don't say how long they will retain them.


I should add that they also damaged the chrome radiator (it's a Bentley) and they replaced this with new - when I asked for the old one they were fine but this was before the damage to the headlamps when relationships were less fraught.

They're claiming that the headlamps were replaced as a gesture of goodwill but this is rubbish. To reiterate they're stating that because they fitted new headlamps at no cost to myself the old lamps are theirs and standard terms and conditions do not apply.

I thought terms and conditions were terms and conditions! 2009 Vogue TDV8 Nara Bronze
2002 Vogue V8 Zambezi Silver
1986 90 Pick up Deep Bronze Green
1978 Series III SWB Deep Bronze Green

Sorry, but you sound totally unreasonable... You got new headlights. They give you new ones and keep the old ones.
You did not buy the new ones so have no claim on the old ones.
Why are you so hell bent on getting the old ones back? Previously..
Vogue SE TD6
Defender 90 2.4
Defender 110 TD5
Vogue 3.5 EFI

Possibly, the dealer, knew their secondhand value, and factored this into the replacements. I would say, technically, they are still yours. You could use parts from them, another day, or sell them on yourself.
Often, dealers I've heard of, leave if requested, any service parts, like discs, and suspension arms, in a box, in the boot, in the new boxes, so you sort of know, that original parts are indeed fitted.
I would think, that Bentley headlights, are not cheap.
Perhaps ask for a written explanation.

I can assure you that I am reasonable but the car has been in for work three times and the oven has also caused other damage that will be expensive to repair.

The car has lots of other issues including large areas of overspray in door shuts and a large scratch to a rear wing, damage to a wheel which they did when they replaced a tyre.

The headlamps are evidence which is why I would suggest they want to retain them. Apart from that they could also sell them on if polished up.

So that's why I want the headlamps because the car has been in and out of their dealership for 3 months and the car still isn't right. 2009 Vogue TDV8 Nara Bronze
2002 Vogue V8 Zambezi Silver
1986 90 Pick up Deep Bronze Green
1978 Series III SWB Deep Bronze Green

Just a quick question.......is this a new car car you recently bought from the dealer?

If it is, and you have had so much trouble, then you should write to them and reject the vehicle.

If not, and you have put it in for repairs then, under civil law, the usual remedy is that you should be put back in the position you would have been in had everything been done properly. If you get the car back with two new headlights then I would think that should be the end of the matter, although it does sound like you have had a rough ride with a less than competent dealership.

As always with these types of issues it wouldn't hurt to get some proper legal advice (i.e. paid for)

Good luck. 2021 D350 Fifty Edition - Carpathian Grey
2017 4.4 SDV8 Autobiography (2021-2024) - Santorini Black
2012 4.4 TDV8 Westminster (2016-2021) - Santorini Black

I don't think that you can reclaim the parts - cause you didn't bought them in the first place.

Are you still in the EU ? Cause that are EU consumer laws  All my spelling errorz are belong to me!

2023 FFRR L460
2021 AM new Vantage

No it's not new but before it went in to dealer it was pristine.

The car got too hot in an oven and the headlamps crazed. Because of their error they had to replace the lamps at their cost which is of no concern to me. I wanted to retain them as I wanted to keep the originals and also in case I need them for future court case.

I would argue that they no longer have the lamps and that someone in th trade has bought them and will in turn sell them on.

They are expansive at £750 each lamp and there are four of them.

Getting a written explanation out of them isn't easy for anything i can assure you. 2009 Vogue TDV8 Nara Bronze
2002 Vogue V8 Zambezi Silver
1986 90 Pick up Deep Bronze Green
1978 Series III SWB Deep Bronze Green

Your taking the IMO

They have supplied new headlamps , why should you be put in the better position of retaining an extra set of headlamps which are worth £750 each ? you'd be better off by 3k it isn't going to happen.

ps - take them to court and you'd be wasting your money

totally unreasonable behaviour on your part , the garage has acted admirably IMO

I am not a lawyer but I would guess that:
1. If you did not pay for the new parts, you cannot request the old parts.
2. The garage has tried to make you whole - return your car to its original state
3. You should be able to see the parts that they removed and take photos
4. If you want the old parts, you could pay for new lights, install those and return the new lights that the garage fitted. Then, the old lights would be yours. It might be enough to buy new lights and give those to the garage (I bet you don't fancy doing that).

You could always ask to see and photograph the lights at the dealer. If you'd paid for them, then you should get to keep the old ones. As it stands, you didn't pay and you now have exactly the same number of good lights as when this started.

If I'm reading this correctly then they are wanted for profit or future spares but as to prove inability to fully rectify and resolve issues of their own making and the worry is that they could destroy the evidence?? FFRR MY06 facelift With TDV8 Alloys Zeros/ATR's
Mantec Sump Guard, Rigid Load liner, MY10 BT upgrade.