Sold a Dodgy motorbike !

Dr_Z

Hello ,
I wonder if anyone here could help me with this , I feel time is of the essence here and don't want to miss any deadlines or opportunities to resolve this , Bit of background

I Bought a motorcycle from a Dealer , via Autotrader - I paid him Half the money by Credit Card , and then the balance by cash on delivery (delivery was via a 3rd party acting on the sellers behalf ) yesterday

On delivery I noticed the Bike was not as clean as I'd expected , but it reality this is a 25 year old bike , I was prepared to put this down to my expectation - I gave it a quick look over and it appeared OK.

The carrier didn't hang around for long , It wasn't long before I noticed the front brake switch was not working (MOT failure - supposedly MOT'd two days previously )

The other lights all seem to work , but quite dimly , again I initially put this down to being a 25 year old bike - however when I tried to use it last night I realised they were barely visible ! , literally I had to push it home as everyone was flashing me as they thought I had no lights at all !
So , turns out

* No front brake light
* No/ poor Lights
* Rev counter broken
* Killswitch not working
* Bike is tatty and the tatiness has been brushed over with hammerite -Bike was described as "lovely clean bike"

Now my biggest worry , is how on earth it got through the MOT ? , is it a Dodgy MOT ? If so , what else isn't right ?? :mad:

Anyway , onto the point - As I bought the bike from a Trader over the phone , and paid the first half of the money by Credit card , I understand I am covered by Distance Selling Regulations ? I have contacted the Dealer by email (which I understand is better than a phone call) outlined the problems and made it clear I want my money back

Also I understand that as the vehicle is faulty (aside from the distance selling thing) I have a "Right to Reject" ?

So far I have heard nothing back from the dealer , but it is early days , Bike was delivered yesterday , I emailed last night - If he is not forthcoming , am I able to cancel / reverse my credit card payment ?

Thanks for any help or advice on how to proceed folks :beer:

Browntoa

if its got a so called MOT then an independent MOT

http://www.transportoffice.gov.uk/crt/doitonline/bl/vosateststationlocations/vosateststationlocations.htm

if they will not play ball

http://www.direct.gov.uk/en/Motoring/OwningAVehicle/Mot/DG_4022113

What to do if you think your car has passed incorrectly
These cases usually relate to recently bought vehicles and you should let VOSA know as soon as possible.
Subject to acceptance of the complaint, VOSA will offer an appointment within five working days to recheck your vehicle without charge, provided:

• no more than three months has passed since the MOT test for a corrosion related problem
• no more than 28 days has passed with other defects

The address of your local VOSA office is displayed in the MOT test station or can be obtained from VOSA on 0300 123 9000.
VOSA provide this service as a means of monitoring the MOT Scheme and road safety standards. VOSA can’t seek redress or compensation on your behalf – although it’s open to you to take action in conjunction with your local Trading Standards department, take out proceedings personally, or refer the matter to the Police.
VOSA will supply you with the inspection report listing any vehicle defects and advisory items following the check of the vehicle. Any subsequent action that VOSA may decide to take against the testing station that tested your vehicle will be at VOSA’s discretion and should have no bearing on any action you may decide to take.

What to do if you think your MOT certificate isn’t genuine

You can check that your MOT certificate is genuine online or by calling the MOT validation line 0870 330 0444. You’ll also be able to check the MOT status of your car (subject to certain conditions).

ShaneUK

I may be wrong, but I don't think Section 75 (credit card) or DSR apply, as this is a private seller.

Therefore, you will need to contact the seller to reach a resolution, or perhaps the small claims court if necessary?

Dr_Z

Thanks for the replies

@ShaneUK - No it was a Dealer I bought it from.

easyhost

ShaneUK wrote: »

I may be wrong, but I don't think Section 75 (credit card) or DSR apply, as this is a private seller.

Therefore, you will need to contact the seller to reach a resolution, or perhaps the small claims court if necessary?

OP clearly states

I Bought a motorcycle from a Dealer , via Autotrader - I paid him Half the money by Credit Card , and then the balance by cash on delivery (delivery was via a 3rd party acting on the sellers behalf ) yesterday

so it is not from a private seller so i think Section 75 (credit card) or DSR will apply