Soga

antrobus

pinkshoes wrote: »

The advert said "in like new condition", "pristine condition" and "you won't be disappointed"!

How ironic!

Then you might possibly have a case. On the argument that a motorbike that goes bang and loses power after travelling 140 miles clearly does not meet the description of being in a "like new condition" or "pristine condition". Depending on why exactly the bike went bang and how a court would interpret the word 'condition'.

neilmcl

InsideInsurance wrote: »

As others have pointed out though SOGA only covers sales by a business and not private sales

Only one person pointed that out and they (and now you) are wrong on this point I'm afraid.

OP, you need to find exactly what the fault is before proceeding but you may well have a case for the bike not being as described.

pinkshoes

DH will have a look at it when he gets home and see if he can figure our what has happened.

He described what happened to the garage, and they weren't familiar with that sort of failure, hence OH being worried it's something expensive!

I'm 99% sure the seller sold it in good faith. It's just unfortunate timing, as if the seller hadn't sold it, he could have used SOGA with the dealer he bought it brand new from!

Fingers crossed it isn't too costly...

pinkshoes

Cam chain has slipped causing damage. Not something that should happen on a 3 year old expensive performance bike.

Repair is looking expensive, so rather cross. Quite sure an independent report would say it was inherently faulty, but as DH has owned it for 6 days, the not sure this would help us as we did not buy it brand new from the dealer.

Is there anywhere we can go from here, or do we just have to suck up the cost of repair?

The guy DH bought it from was really nice, and only selling as it was too powerful for someone his age, so had bought himself a new one. Is it worth speaking to him, to see if he can sort something out regarding SOGA and the dealership? Or is this just not worth going there?

Geodark

Could be wrong, but I *think* with buying from private sale it doesn't matter if it was an inherent problem or not, the buyer has to have known about the problem and lied in how it was sold.

edit: just noticed from your post it was the cam chain slipping, if I am right in the above then there is no way the seller would have known this was going to happen, so unfortunately it may just be a case of bad luck on your part.

pinkshoes

Geodark wrote: »

Could be wrong, but I *think* with buying from private sale it doesn't matter if it was an inherent problem or not, the buyer has to have known about the problem and lied in how it was sold.

edit: just noticed from your post it was the cam chain slipping, if I am right in the above then there is no way the seller would have known this was going to happen, so unfortunately it may just be a case of bad luck on your part.

Yeah, it is really bad luck. I'm quite sure the seller wouldn't have known... Just SO annoying having only owned it 6 days. DH is gutted. There goes his entire summer of race meets and rides.

We're thinking that the seller might be able to help a claim from the dealership though, although it is a long shot, given we haven't even received the documents yet (although they have been posted off).

Geodark

pinkshoes wrote: »

Yeah, it is really bad luck. I'm quite sure the seller wouldn't have known... Just SO annoying having only owned it 6 days. DH is gutted. There goes his entire summer of race meets and rides.

We're thinking that the seller might be able to help a claim from the dealership though, although it is a long shot, given we haven't even received the documents yet (although they have been posted off).

Might be a long shot but it is definitely worth a try!