Written-off bike

ZeroCooool
ZeroCooool Posts: 2 Newbie
edited 16 September 2010 at 8:50AM in Consumer rights
I bought a second hand motorbike 9 months ago from a Honda dealer, which he confirmed that this motorbike has never been involved in an accident. Last month, as I was selling my bike to someone who agreed to pay me £1650.00, he called me and told me that he is unable to buy it anymore as he found out the bike was written-off as cat C by the insurance.
I was shocked by the news and headed to a nearby dealer which he checked and told me that my bike has been written-off as cat C and he was kind enough to print me a copy of the hpi.
The bike was registered as write-off cat C 6 months before I bought it.

I headed to the actual Honda dealer where I bought the bike, and the owner took a copy of the hpi that I got from the other dealer and told me that he will contact me.

3 days later he sent me an email explaining the different kind of category, and that the bike been sold to me 9 months ago and I just came back to him now.

What action can I take against him please?

Comments

  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Do you have any records/documented proof that the bike was described as never been involved in an accident. You should be able to get a remedy if you can prove the bike was not "as described" when sold to you.
  • Unfortunately this happens.... my hubby was knocked off his bike nearly two years ago now, his bike was written off by the insurance company because they claimed it had a twisted chassis. The hubby loved the bike and requested to buy it back from the insurance company. They refused stating that it is their legal obligation to ensure that the bike is disposed of in the correct manner as it was unroadworthy. The arguements went on for quite some time, because the hubby had upgraded the bike somewhat with an aftermarket exhaust and tail tidy but to name a few things. In the end, the insurance company disposed of the bike without telling us, claiming it had been sent to the scrapyard to be crushed.

    A few months later, we saw his old bike for sale at an apparently reputable dealer in Cheshire. I phoned the dealer to enquire about the bike because the damage was described as light cosmetic only. The salesman confirmed this and confirmed that it had not been written off!! We reported it to trading standards but according to them the insurance company had done what was legally required of them, so some poor soul would end up with a bike that could potentially kill them, and all because the insurance company refused to allow my husband to fix his pride and joy!!

    I know its not very constructive, but essentially because so much time has passed I would imagine your options are fairly limited. Also, unless you requested a Hpi check at the time I would again imagine that you haven't done yourself any favours. Ultimately you could take them to court, but it could end up costing you a great deal more money, and there is no guarantee that you would win. In my experience trading standards usually back off in cases like these, tending to give you advice without becoming involved.
    Starting weight 17st 4lb - weight now 15st 2lbs

    30lb lost of 30lb by June 2012 :j:j:j (80lb overall goal)

  • The only proof I have are the invoice and the V5 which both do not mention the bike is written-off. And I got a letter from the dealer last month which he stated that he didn't know that the bike was actual a written-off bike at the time of sale.
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