Rights on returning motorbike?

thefatgit

Hi.
My son bought a new motorbike last Sunday (delivered Wednesday) from a company called Learner Legal. They should come unregistered but with the papers to register it the DVLA - except it didn't.

We've called three times but just keep being told to wait as they were sending them in the post. Yesterday they said to call back today if the papers didn't arrive, and today they said if they don't arrive by Friday then they'll have to order a new set from China (a minimum of 2-3 weeks wait). To be honest, they weren't exactly interested or helpful.
Is he entitled to return the bike under the distance selling regulations and claim the postage both ways back (it was £85 delivery, so return will be a similar amount) as it isn't as described, complete or fit for purpose (it's as a road bike after all) or must we wait (I'm conscious of the time limit on distance selling regs).
He's already insured the bike but can't use it or keep it outside until it's registered, and every week waiting will cost him another £20 to get to work and back by bus.

Cheers.

frugal_mike

If it was bought online and the Sale was covered by the Distance Selling Regulations then the right of cancellation is unconditional. Your son has a minimum of 7 working days starting the day after delivery to cancel the order. You should get a full refund (including initial postage costs).

If the bike does not conform to contract then the Distance Selling Regulations require the seller to pay return postage too. In fact your son is under no obligation to arrange for the return, but just has to make the bike available for collection by the seller within 21 days after the cancellation.

thefatgit

Thanks - I had feeling that he would be to return it, but I wasn't totally sure and I also didn't know that he could tell them to arrange for collection, which makes things much easier (apart from a motorbike sitting in the living room until they do!).

bod1467

Did you order from a UK (or EU) seller? Or was it a Chinese company?

Note: Even if you ordered from a .co.uk website doesn't necessarily mean you ordered from a UK seller.

powerful_Rogue

As a biker, go to a dealer and pay the little bit extra.

I took my CBT in Feb 2013 and had my full unrestricted bike licence by Sept 2013.

I looked at the "cheap" bikes you could get online - roughly around £1000. I managed to get a brand new Honda CBF 125 with full training and test fees for £1800 on interest free credit.

I then got a great deal when I traded it in after I passed my test.

thefatgit

It's a UK company.
I did tell the lad to get a nearly new bike or something but he's made his mind up as it seemed a lot of hassle having to register the bike yourself, especially now that all the local DVLA offices have shut down.
He did look at a used Honda CBF as it happens, but the insurance was astronomical.

gik

thefatgit wrote: »

It's a UK company.
I did tell the lad to get a nearly new bike or something but he's made his mind up as it seemed a lot of hassle having to register the bike yourself, especially now that all the local DVLA offices have shut down.
He did look at a used Honda CBF as it happens, but the insurance was astronomical.

How is it a hassle?

thefatgit

gik wrote: »

How is it a hassle?

Because you have to wait for delivery, get the bike insured on the VIN number only, get your paperwork through (if it doesn't come by email). wait for the forms from Learner Legal, send them off with £82 (£55 reg fee and £17 Tax) and wait for the DVLA to register it and respond, then go and buy th enumber plates and inform the insurance company of the reg number.
Much easier to buy a used bike as you can insure it there and then, and not wait around for weeks

gik

thefatgit wrote: »

Because you have to wait for delivery, get the bike insured on the VIN number only, get your paperwork through (if it doesn't come by email). wait for the forms from Learner Legal, send them off with £82 (£55 reg fee and £17 Tax) and wait for the DVLA to register it and respond, then go and buy th enumber plates and inform the insurance company of the reg number.
Much easier to buy a used bike as you can insure it there and then, and not wait around for weeks

Can't be that hard or a problem to be honest. Millions appear to manage to do it every year with ease.

forgotmyname

Dealers do it for most of them though, Tiny percentage of cheap imports where people opt to do it themselves.