miss sold a motorcycle ?

Mr_tea_2

What do you guys , and girls of course , think ?

I was sold a motorcycle on the 30th July from a dealer. This is a racing bike so not road registered but the first time i took it out on the track it lasted 3 miles before the engine suffered a terminal failure .

No , As i understand it any dealer sellinga car or motorcycle is bide by law to give certain cover for 3 months ? I cant recall it's name but i'm sure people on here would know its name. The receipt i have does also say ' No warranty with this motorcycle ' .

I'm sure i'm on a lost cause with this and i wouldn't normally bother but 3 miles isn't much , is it ?
I've done the sensible thing and rung him first and had a chat and offered him the oppotunity to help out but it was a flat ' sod off ' reply.

Any thougths before i raid ebay for another engine and £500 cost .

Thanks from a newbie !!!!:D

withabix

New? Old?

Mileage?

browneyedbazzi

In addition to the questions above:
Do you know what caused the failure? ie was it likely due to a fault that existed in the bike when you bought it or could it be attributed to something that happened after you purchased it?

A likely outcome is hard to predict without those answers!

Mr_tea_2

Used and secondhand guys.

Thats the big thing . It's a race motorcycleso you have no idea of miles covered and by it's very nature has it's little nuts revved off it every gear change.

From my point of view it never had a chance to be ridden. 3 miles and that was just warming it's tyres up , the first time a gave it some real welly it packed up.

Age is 2004. ( unlike it's rider of 1969 ) :rotfl:

wealdroam

I don't know about this 'three months compulsory warranty' you vaguely refer too, but I imagine that if such a thing exists then it would be voided as soon as you took it on a race track.

Mr_tea_2

browneyedbazzi wrote: »

In addition to the questions above:
Do you know what caused the failure? ie was it likely due to a fault that existed in the bike when you bought it or could it be attributed to something that happened after you purchased it?

A likely outcome is hard to predict without those answers!

UNless i was to strip and find the problem i'm unsure. I'd say it's a little end gone . The reason ???????????? could be a number of things but none of which i could cause in 3 miles.

browneyedbazzi

Mr_tea wrote: »

UNless i was to strip and find the problem i'm unsure. I'd say it's a little end gone . The reason ???????????? could be a number of things but none of which i could cause in 3 miles.

If it's a fault that was present when it was sold to you then it would be expected for the seller to pay to have it fixed - you could pursue a claim through small claims court.

Given the way the bike was ridden (by your own admission you 'gave it some welly' even if only once) to have a chance of a successful claim you'd need to get an engineers report stating what the fault is and that the fault was likely there at the time it was sold to you.

scheming_gypsy

Mr_tea wrote: »

e. The receipt i have does also say ' No warranty with this motorcycle ' .

there's no such thing as sold as seen or no warranty when buying from a trader. If it isn't in the condition described then they're liable within x period of time and 3 miles would be well within that.

blue_monkey_2

It should last a reasonable amount of time, otherwise everyone will be patching up dodgy motors and selling to last just a few miles. Most of us would not dare!!

I'd send a letter to him saying you want your money back as it was mis-sold. Give him 14 days to pay and then tell him you will persue through the small claims court and let a judge decide whether you was missold the bike. The letter will have to go to the court when you put your claim in so keep it to the facts without being emotional or aggressive. Decide what you want, your money back or the bike to be fixed (money back might be the easiest option)

Then if/when he does not pay you can fill in the small claims thing online - costs £80 - and see what happens. I think sometimes consumers have to make a stand and not be walked over and be sold shoddy goods. You could buy a car off eBay and that have no warranty but you'd expect it to last and can sue the seller if it packs up within a few miles.

shaun_from_Africa

wealdroam wrote: »

I don't know about this 'three months compulsory warranty' you vaguely refer too, but I imagine that if such a thing exists then it would be voided as soon as you took it on a race track.

But surely if it was sold described as a racing cycle then it was designed and sold specifically to be taken onto a race track, so why should this void a warranty if one was supplied?

Flyboy152

wealdroam wrote: »

I don't know about this 'three months compulsory warranty' you vaguely refer too, but I imagine that if such a thing exists then it would be voided as soon as you took it on a race track.

If this was a track race bike, then it will have been used for the purpose it was sold. If it was a road bike and used on a track, then yes, the warranty would be void.

It is possible that it could be rejected under the sales of goods act as not being of merchantable quality and/or not fit for purpose.