what can i do

jonathon

Hi so June last year I part exchanged my motor bike at a local small garage/dealer it is meant to be a mark 1 Triumph speed triple 1994


I have had one or two people ask me how genuine it is as some parts look wrong so I did a hpi check it turns out it has had a colour change and was a cat c write off in 2005 it seems bikes don't need a vic check or is recorded on the V5.


the dealer never told me it had been a write off


I paid £600 plus my Kawasaki ZZR600 I would never have brought it if I had known and I believe the dealer should have told me.


would I be in the right to ask for a refund I would be asking for around £1600


what do you think ?

captainawsome

I think they only need to tell you if they ask. Unless it was advertised as HPI clear they are under no obligation to tell you (unless asked)

Spicy_McHaggis

captainawsome wrote: »

I think they only need to tell you if they ask. Unless it was advertised as HPI clear they are under no obligation to tell you (unless asked)

Are you not confusing write off with crashes?

forgotmyname

The new bike or old bikeis Cat C ?

The incident would have been before it was recorded on the V5C. Thats not 100% reliable anyway.

Why didnt you HPI it before buying?

jonathon

cat c on new bike I didn't hpi because I trusted the dealer to tell me if there was anything I should know

motorguy

jonathon wrote: »

Hi so June last year I part exchanged my motor bike at a local small garage/dealer it is meant to be a mark 1 Triumph speed triple 1994


I have had one or two people ask me how genuine it is as some parts look wrong so I did a hpi check it turns out it has had a colour change and was a cat c write off in 2005 it seems bikes don't need a vic check or is recorded on the V5.


the dealer never told me it had been a write off


I paid £600 plus my Kawasaki ZZR600 I would never have brought it if I had known and I believe the dealer should have told me.


would I be in the right to ask for a refund I would be asking for around £1600


what do you think ?

From the Citizens Advice pages on buying a used car thats been written off, and i would assume the same for a bike....

http://www.adviceguide.org.uk/wales/consumer_w/consumer_cars_and_other_vehicles_e/consumer_problems_with_the_car_you_bought_e/consumer_the_vehicle_you_bought_doesnt_match_its_description_e/the_car_you_bought_is_a_write_off.htm

"If the car was properly repaired before it was sold to you, you can't claim your money back just because it has been a write-off. But if the seller misled you, for example they said it had never been in an accident, you may be able to argue that you're entitled to your money back on the grounds that the car doesn't match its description."

So, basically unless the dealer specifically said it had never been in an accident, then you're not entitled to a refund.

iolanthe07

Just shows how important it is to commission an HPI yourself, no matter how much you trust the dealer.

AdrianC

It's a 21yo bike worth not very much. Is it really relevant? That write-off might have been for purely cosmetic damage, which may well have been repaired on a newer, more valuable bike without anything being recorded. A write-off is a purely financial decision - repair cost (at manufacturer's list prices for parts) versus pre-collision value.

Surely - especially on an older vehicle - the condition of it, as it sits in front of you, is the most important thing?

shaun_from_Africa

motorguy wrote: »

From the Citizens Advice pages on buying a used car thats been written off, and i would assume the same for a bike....
http://www.adviceguide.org.uk/wales/consumer_w/consumer_cars_and_other_vehicles_e/consumer_problems_with_the_car_you_bought_e/consumer_the_vehicle_you_bought_doesnt_match_its_description_e/the_car_you_bought_is_a_write_off.htm
"If the car was properly repaired before it was sold to you, you can't claim your money back just because it has been a write-off. But if the seller misled you, for example they said it had never been in an accident, you may be able to argue that you're entitled to your money back on the grounds that the car doesn't match its description."

So, basically unless the dealer specifically said it had never been in an accident, then you're not entitled to a refund.

Don't believe everything that Citizens Advice say as they are occasionally wrong.
It is now a legal requirement that any trader discloses information that could influence your decision to buy and this info must be given even if you don't specifically ask.

MISLEADING OMISSIONS

Regulation 6 (of the Consumer Protection from Unfair Trading Regulations 2008) prohibits giving insufficient information about a product. It is a breach of the CPRs to fail to give consumers the information they need to make an informed choice in relation to a product if this would cause, or be likely to cause, the average consumer to take a different transactional decision. For example, to make an informed decision about whether to buy or how much to pay, the average consumer buying a car needs to know whether the car has previously been an insurance write-off. The trader therefore has to disclose this information, whether or not the consumer asks for it

http://www.tradingstandards.gov.uk/cgi-bin/glos/bus1item.cgi?file=*BADV670-1111.txt#tsi4