Unhappy with custom built trike - do standard consumer rights still apply?

yappycat

Commisioned someone to build me a custom trike early 2016 - took delivery of the vehicle early September but due to a lot of confusion at the DVLA we did not receive the V5C docs and sort the tax out until the start of December which meant that we could not legally drive the trike until then. On receiving the V5C and tax docs I discovered that the engine constantly cuts out due to what feels like a clutch issue. As I intended to replace handlebars anyway I decided not to complain immediately and have the clutch fixed at the same time. However a few days later petrol started leaking from the trike and that was the final straw for me.
I emailed the seller of the trike informing him of the issues that we had discovered with the trike in the time it had been off the road (mainly cosmetic in nature and we had intended to remedy them ourselves) and that I would like a full refund for the vehicle, or reimbursement for the cost to fix the clutch/petrol leak problem plus transport costs as the vehicle is essentially grounded as it is not driveable.
He is not willing to do either and has said that a custom item is not covered by standard consumer rights and as far as he is concerned he owes me nothing. I am unsure of what steps to take next. Can anyone point me in the right direction? Any help is very much appreciated.

DoaM

All that the customisation aspect denies the consumer is cancellation rights ... all other aspects of the Consumer Rights Act 2015 still apply:

Supplied as described
Fit for the stated use
Of reasonable quality for the price paid
Free from obvious defects

Therefore you still have rights to repair or replacement. How did you pay?

yappycat

I paid by direct bank transfer.

DoaM

yappycat wrote: »

I paid by direct bank transfer.

Oh dear
That's always a warning sign as it offers you no consumer protection.

If he won't abide by his legal responsibilities then you may need to take court action to force him to.

You could always report this to Citizen's Advice so they can raise this with Trading Standards ... TS may already have a file on him and your report may lead them to take action.

ssparks2003

Was the engine/gearbox etc provided by the supplier new or was this sourced secondhand or provided by you?

What is the reason for the fuel leak? Personally I would say that for a custom vehicle there are always teething problems that need to be dealt with and it is a bit early to be rejecting

yappycat

ssparks2003 wrote: »

Was the engine/gearbox etc provided by the supplier new or was this sourced secondhand or provided by you?

What is the reason for the fuel leak? Personally I would say that for a custom vehicle there are always teething problems that need to be dealt with and it is a bit early to be rejecting

The supplier sourced the donor bike for conversion and I don't know the reason for the fuel leak - possibly something really straightforward like flooded carbs but I can't say that for sure.
As you say it may well be teething problems and tbh we would prefer a repair but don't think we should be responsible for the cost of that. As the seller is over 200 miles away we can't just ask him to swing by and take a look at it.

He has now asked me to return the trike so he can inspect the faults. This would involve paying for transportation, and seeing as he has already tried to say that the issues are our fault I am loathe to do this. I'm trying to find out where I stand if I pay to return it and he then says he has inspected the vehicle and the faults were caused by us even though we haven't even been able to ride the thing since we got it. He could very easily do this - he has already informed us that we invalidate the warranty if we let anyone but him work on the vehicle so I can't get an independent garage closer to home to look at it and give me an objective diagnosis

shaun_from_Africa

yappycat wrote: »

I paid by direct bank transfer.

Was the entire payment made this way or did you by any chance pay a deposit on a credit card?

yappycat

shaun_from_Africa wrote: »

Was the entire payment made this way or did you by any chance pay a deposit on a credit card?

all by bank transfer I'm afraid

Greta_Sharbo

Is 2016 a typo and you meant 2017?

If not, how long after Dec 2016 did you contact him?