Faulty motorcycle - right to refund

Jayne.Nantel

Hi,

Hoping someone can help. Bought a nearly new (67 plate) motorcycle from a dealer with only 1200 miles on the clock but it has developed an intermittent fault when the bike is hot/at temperature. The garage is claiming they are unable to replicate the fault. The nearly new MC is the 2nd dodgy bike from same dealer. Had to reject the first one too which they gave full refund for. Basically, they blamed the make of the first bike being the problem rather than the poor build quality by their mechanics reassuring me i would never have a problem with the 2nd. I gave them the benefit of the doubt and upgraded to another brand, putting the £1900 refund of the first bike towards the 2nd, along with another £900. Within 1 month of riding the bike, it started cutting out when at temperature. Bike has been in 3 times before decision was made to reject but they are refusing any refund because they claim that the smell of fuel (even in freshly changed oil) Is normal and the bike cutting out during gear change is down to rider error. They even claimed that all of the other bikes of that brand smelled the same! I've spoken to the nearest dealer 40 miles away and they stated this smell wasn't normal and is a sign of fuel leaching into the oil somehow. I've also taken the bike for an informal 2nd opinion to a qualified mechanic and MC dealer of another brand of bike and he correctly diagnosed problem without relying on the PCU machine. The problem is, the manufacturer won't accept the opinion of a non-manu specific dealer so I can't use the evidence to raise a complaint with them about the disputed dealer.

The dealer has had all the paperwork, keys and bike since last Monday and we're given 14 days to reply to reject email. Today, they sent a very arrogant email once again refusing a refund. Where do I stand? I have no faith or confidence in this dealer and don't want the bike back because the unresolved issues are causing/have caused irreparable damage according to the independent dealer who diagnosed issue(s). Can't in good conscience take bike back and sell on to someone else. The bike only had 1200 miles on clock when purchased in November and it is the opinion of the independent dealer that this bike has probably already been rejected once by the original owner as it was only owned for a couple of months before being sold back to the dealer I'm in dispute with. Very suspect in hind sight.

Can anyone give me a pointer? I'm reluctant to take the bike back and pay for an independent evaluation because it's been officially rejected and there's no chance they'll take it back without it going to court if it's taken away now. It may come down to court anyways. What's the point of having a consumer rights act if I have to pay to prove the fault exists myself when the law states the onus, within the first 6 months, is on the retailers part to prove the fault was present at the point of purchase. Btw, got video footage of bike cutting out and erratic idling which the dealer has viewed and clearly ignored.

What do I do? Any advice is welcomed.

missile

What make & model motorcycle?

You can raise a claim in the County Court / Sheriff Court or go and see a solicitor who has experience in motor trade disputes.

Check in the service hand book, where you may find details of the first registered keeper.

AdrianC

You send a letter before action, and then launch a small claim against them.

Mr.Generous

Which Chinese motorcycle is it? Is the MPG low?

DoaM

Was any part of this purchase made using a credit card? If yes then you can pursue the CC company for the full amount. (Section 75 claim).

Otherwise you'd need to take the Court route.

MEM62

As already asked, what is the make & model?

shinytop

As already asked, what is the make & model?

Which Chinese motorcycle is it? Is the MPG low?

Unless the OP wants to fix it, does does it matter? Are there different consumer rights for purchasers of Chinese motorcycles?

MEM62

shinytop wrote: »

Unless the OP wants to fix it, does does it matter? Are there different consumer rights for purchasers of Chinese motorcycles?

Yes, of course it matters. Apart from anything else it gives those of us with a knowledge of motorcycles an insight into what the problem may be. (All brands and not equal) It might also allow us to offer guidance on how to deal with the dealer and, perhaps, what they might expect in terms of support from the manufacturer/importer.

As for it being Chinese or not, Chinese motorcycles are still very poorly built and they will have issues. Perhaps they are subject to the same consumer rights but a crap product is still a crap product and the advice that the OP will receive is likely to be different to that offered when dealing with a European or Japanese manufacturer.

chunkytfg

shinytop wrote: »

Unless the OP wants to fix it, does does it matter? Are there different consumer rights for purchasers of Chinese motorcycles?

Of course it matters! If it was a Honda you would speak to Honda UK direct as the Dealer is being uncooperative however if you buy some cheap nasty Chinese bike with an unpronounceable name with no UK head office you're stuck at the mercy of the Dealer as they have no manufacturer support.



Poor running when hot and fuel in the oil to me sounds like Knackered piston rings with the fuel washing down the barrel into the oil coupled with low compression. Thats a symptom of poor tolerances and quality control issues as found with some bikes.

Better to buy an older bike from someone like Honda or Yamaha etc than get attracted to 'shiney and new'

MEM62

MEM62 wrote: »

Yes, of course it matters. Apart from anything else it gives those of us with a knowledge of motorcycles an insight into what the problem may be.

Looks like a moot point anyway as the OP hasn't bothered to come back and tell us. Perhaps he has it sorted.