Returning brand new faulty motorcycle! What are my rights??

Figgis

Thanks for the advice.

Igol

I would have thought sale of goods act would still apply.
You have offered your old bike in trade and they have accepted that offer, thats the contract they've entered into with you the money shouldnt be an issue as you have exchanged goods in payment.

dug123

Whereabouts in the country is this please?

Figgis

In the south east of England, you'll appreciate if I don't name the location due to the smallness of the brands network.

dug123

That is fine, it is just that I know someone who had a similar problem in Lancashire. Obviously unconnected. Thanks

Figgis

Dug123 - Out of interest what happened to your friend??

melkuvel

I think how you paid for it makes no difference at the end of the day the contract was for a new bike
If the bike is not fit for purpose or as described then you have a right to repair, replace or refund which is covered under the Sales of goods act
decide if a repair is acceptable if not then looks like you will have to reject the bike
To do this you will need to put in writing what you are doing and why and then see what they come back to you with
im in the process of rejecting a car and its not easy, very time consuming and in my case expensive because ive had to use a solicitor now
Hope you get a better response
If you are rejecting the bike then you must not use it
If you ring the consumer direct help line they will send you a template letter for claiming under the sales of goods act
Good luck

FJSRiDER

I'm finding your story rather hard to follow Figgis - your lack of explanation as to what your 'deal' was with your friend (sorry 'Dealer Principle' :wall: ) and lack of detail over what bike you had and what you have bought along with the description of the what weather was like and where you went for a ride particularly making it particularly vague.

I read it as that this chap who has been giving you some good deals on parts for your old bike offered you a great deal for a new bike (it is a KTM or Ducati isn't it? ) for a swap with your old bike - that you thought it was a great deal even though some part was missing (what was it?) when you saw the bike and agreed that would be fitted for collection.

On collecting the bike that, remember, you thought was a 'shockingly' good deal as a straight swap for your old bike - you didn't actually ride it for some time (how did you collect it?) but when you did you noticed the front mudguard was loose. It took you some time to get round to replacing the bolt - but still managed to buy some accessories for this bike...... Yes?

Then you replaced the bolt (or did the workshop?) - and you took the bike for a ride and found it had an electrical 'fault' that did not actually cause you to have to call the rescue services or even strand you anywhere - but the loose connection made the bike hard to ride and caused you to want to return the bike. Correct?

I wonder what accessories you bought for the bike and who fitted them - as if they are in any way electrical or required that you would have to do anything to the electrical system at all - I'd suspect that you could have managed to failed to reassemble it correctly and caused your own problem.

If the bike is a shockingly good deal why not just let them fix it and enjoy your new bike? I suspect you have realised that either you actually don't like the bike as much as you thought you would or that a new model has just replaced it and it is not as 'new' as you thought it would be - and just want to find a reason to get your old bike back (and what was that a particularly good example of?).

If you really want to take this further you'll need to put everything in writing to the shop - your report of what was said in a telephone conversation is just hearsay. If you are really bothered take legal advice and expect to be both without a bike for the summer and never to get a good deal from that shop again. Is that really what you want?

Ionkontrol

Husqvana or KTM? Both are shockingly bad quality bikes. My mate returned a KTM Supermoto because it spent more time in the garage than on the road.

FJSRiDER

Figgis wrote: »

Thanks for the advice.

What did you delete your post for?

This is my first post on this forum and having read a lot of interesting threads on here, I wanted to ask if any of you have experienced my particular situation and what my rights are. Here is my story, please bare with me:

I purchased a second hand sports motorcycle back in August 2008. I began taking this bike for servicing at the local appointed agent for this product. It was at this time that I became reasonably friendly with the Dealer Principal of this business.

I would frequently visit the dealership to admire and or purchase accessories and at times received some very favourable deals on these e.g. I was seeking a sports exhaust for my bike and was offered a special deal that I could not refuse, when I collected the bike he had fitted some unexpected extras of which I offered to pay and was told was not necessary.

I spoke to Dealer Principal in early March 2010 about my intention to trade this bike in during the summer for a brand new product from the same brand. During this conversation he offered me a straight swap deal for my second hand 2008 sports bike for a brand new 2010 supermoto bike that I was interested in. The brand new bike retails for £9,995. Shocked at the offer, I asked if I could see the new bike and when I saw it it was missing a part, but was assured it would be fitted for collection. I decided on it and went ahead with the deal.

I took delivery of the new bike on 20th March and handed over my old bike. At the time of collection the Dealer Principal had mentioned that the part missing when I'd seen it, had been taken from his demonstrator bike which I noted was cracked and scuffed. I agreed to take the bike following assurance that a new one would be supplied and fitted. Due to bad weather I was unable to ride the bike straight away, but managed to have a ride out within a week of picking it up. It was during this ride that I noticed the front mudguard came loose and began flapping about as a bolt had fallen out of it. Concerned this would fly off, I return home slowly and reported it to the dealership by email and reminding the dealership about the part required.

On the 03rd April I met the Dealer Principal and purchased another £250 of accessories for my new bike and collected the missing bolt for the front mudguard, which turned out to be the wrong bolt. Due to busy work commitments, I returned to the dealership yesterday (10th April) to pick up a new bolt this time dealing with the Managing Director.

The weather was fabulous, so I took the bike out for a nice jaunt. Upon returning towards home, I suffered a complete loss of power and electrics whilst travelling at 70 mph on one of britains busiest motorways. Luckily I managed to evasily manoeurve the bike to safety. Eventually I managed to restart the bike and slowly continued home. The bike again cut out losing all electrics, this time on a busy roundabout. After all of this, I managed to get the bike home and contacted the dealer. The Managing Director spoke with me and requested that I ride the bike to the dealership. This I did with the wife in tow in the car.

Upon dropping the bike of at the dealership, I observed the mileage as being a mere 232 miles and I expressed my upset and dissatisfaction with the bike to the MD and further pointed out that a part on the handlebars was also becoming loose. I asked for a call from the Dealer Principal next week (Monday).

By the time I got home and shock having set in, I called the MD back at the dealer and advised that I had lost faith in this bike and wished to return it as it was a mere 22 days old. He was very understanding and apologetic and asked me to put this in writing by email to the dealership. This I did, offering the dealer three choices (1) to return my old 08 sports bike to me as it had been left with them (2) a full monetary refund including the £250 spent on accessories or (3) a new replacement product to the same invoice value.

I received a call 19:30pm last evening from the Dealer Principal advising me that I had no right to reject the bike as it was a "mates" deal, despite the fact I have an invoice for the purchase and further went on to argue with me about what my rights were and weren't. I was told that I could not have my old bike back as it now "belonged to him" and was told that "this is not what mates do". I questioned with him that I personally felt that the bike was not possibly checked correctly prior to delivery, this was met with an aggressive response of "are you telling me my work is shoddy?". I then said I no longer wished to discuss this with him as he was clearly unapproachable and pointed out that I would deal with the MD directly. He then became abusive and threatened me with "you don't want to F with me". I asked for a full monetary refund of the invoice price and was told that my old bike was not worth what was on the invoice, therefore he would not entertain this idea. The conversation concluded with him saying that he would deal with it Monday after he had had time to inspect the bike.

Following this telephone call, I felt angry and upset considering that just over 3 weeks ago I had a fully functional and stunning sports bike. I now feel that I don't want my old bike back if it was possible or a new replacement following the threats as I fear that it he may tamper with the new bike.

Can anyone tell me what my rights are as physical monies didn't change hands? However none-the-less this bike is unfit for purpose and of poor quality.

Thanks for reading if you got this far, any thoughts or advice would be greatfully received

I now suspect this is not quite the whole story at all....

Takoda

FJSRiDER wrote: »

What did you delete your post for?

I now suspect this is not quite the whole story at all....

Yeah that's interesting isn't it?