quick question regarding SOG 1979

tg85_2

Hello,

I just wondered if someone could help answer my question. I've had a look online but am unable to find anything -

I'm thinking about putting a claim through for repairs on a motorbike that was sold to me not fit for purpose. I've paid the repairs, and consumer direct have confirmed that my case is worthy and that I can try and claim the costs back from the seller - which is what I'm intending to do... now, in the meantime someone wants to buy my motorbike - my question is, can I sell the bike and still make a claim for the repairs that I've paid for, or do I have to be in posession of the bike in order to make the claim?

Many thanks

somethingcorporate

Did you return to the retailer before having it repaired?

You need to let them inspect it and repair it themselves prior to going elsewhere. As far as I am aware there is no provision in the SOGA to allow you to get it repaired elsewhere and then charge the original retailer - if you do this without their permission then chances are you are not entitled to anything back.

Bit more info needed really - what was wrong with it, how old it was when you bought it, what you did when you found it was faulty etc.

tg85_2

somethingcorporate wrote: »

Did you return to the retailer before having it repaired?

You need to let them inspect it and repair it themselves prior to going elsewhere. As far as I am aware there is no provision in the SOGA to allow you to get it repaired elsewhere and then charge the original retailer - if you do this without their permission then chances are you are not entitled to anything back.

Bit more info needed really - what was wrong with it, how old it was when you bought it, what you did when you found it was faulty etc.

I contacted the retailer who told me to go to my nearest Sachs dealer, which I did and then they repaired it at a cost of just over £350. I wasn't covered under warranty as I'd failed to get the bike serviced after the first month (a condition I wasnt aware of until it was too late..). Consumer rights advised that I still have a case regardless of warranty as under the SOG act the bike should be free from defects and last a reasonable amount of time before breaking down - its unusual for a brand new bike to break down after such a short time and cost so much to repair.

The problem was an electrical fault - the bike was brand new when I bought it in October, and broke down in was repaired in May.

I'm just debating whether or not to sell the bike and still put the claim in.

somethingcorporate

tg85 wrote: »

I contacted the retailer who told me to go to my nearest Sachs dealer, which I did and then they repaired it at a cost of just over £350. I wasn't covered under warranty as I'd failed to get the bike serviced after the first month (a condition I wasnt aware of until it was too late..). Consumer rights advised that I still have a case regardless of warranty as under the SOG act the bike should be free from defects and last a reasonable amount of time before breaking down - its unusual for a brand new bike to break down after such a short time and cost so much to repair.

The problem was an electrical fault - the bike was brand new when I bought it in October, and broke down in was repaired in May.

I'm just debating whether or not to sell the bike and still put the claim in.

Thanks for the additional information. Given the timescales it is down to you the consumer to prove that the fault was there when you purchased it (6 months is the cut off). You will need to get an independent engineers report to prove that it was faulty at time of purchase and not down to misuse.

I would certainly not be selling it when I had an unpaid bill and a dispute that could mean you end up not being able to reclaim your money. If you cannot prove that the fault was inherent at the time of purchase you have no claim under the SOGA.

HTH.

gordikin

somethingcorporate wrote: »

Given the timescales it is down to you the consumer to prove that the fault was there when you purchased it (6 months is the cut off). You will need to get an independent engineers report to prove that it was faulty at time of purchase and not down to misuse.

Wrong! It's the seller who has to prove that it wasn't an inherent fault in the first 6 months not the consumer.

OlliesDad

gordikin wrote: »

Wrong! It's the seller who has to prove that it wasn't an inherent fault in the first 6 months not the consumer.

tg85 wrote:

the bike was brand new when I bought it in October

When in October was it bought and when in May did you report the fault?

somethingcorporate

gordikin wrote: »

Wrong! It's the seller who has to prove that it wasn't an inherent fault in the first 6 months not the consumer.

October - May is at least 6 months, hence the OP needs to prove the inherent fault.

Edit: I accept your apology

OlliesDad wrote: »

When in October was it bought and when in May did you report the fault?

Regardless of whether it was bought on the last day of October, this would means the 6 months expires on the last day of April. Hence the timeframes given by the OP it puts the responsibility on the OP to prove an inherent fault.

gordikin

It was repaired in May...is it possible the fault could have been reported earlier, in April perhaps? Accurate date info. is needed. SC, an apology is freely given BTW..I have misunderinterpreted what you posted!

somethingcorporate

gordikin wrote: »

It was repaired in May...is it possible the fault could have been reported earlier, in April perhaps? Accurate date info. is needed. SC, an apology is freely given BTW..I have misunderinterpreted what you posted!

Appreciated.

Easy mistake to make, I had to keep counting using outlook to check I wasn't miscounting myself...

unholyangel

tg85 wrote: »

The problem was an electrical fault - the bike was brand new when I bought it in October, and broke down in was repaired in May.

Possible that last part was meant to read "and broke down in/was repaired in May." ?

hairy_g

More info on previous thread:
https://forums.moneysavingexpert.com/discussion/2428783

and:
http://s974.photobucket.com/albums/ae227/tg1985/?action=view&current=quote.jpg