Dealer refusing my rejection of motorcycle.

danny129

Hi all first post but long time watcher for saving me money over the years.
I'm in great difficulty at the moment.

I viewed a motorcycle at a dealer that buys and sells used motorcycles. After banging on about their '52 point check' and 1 month warranty i bought it.
I made a deposit, and financed the rest.

Upon delivery, 4 days after the finance was agreed, the bike was received with a flat battery. Speaking to the delivery driver he said charge it up, or ask the dealer to post a new one free of charge as it is cold weather and he had another bike with dead battery that day.

After charging it up, I took it out and the bike cut out a mile from my house. This was on Saturday at 4pm. I rang the dealers mobile, to which I got told 'I'm watching the rugby, ring the shops landline.'
I rang the shop, and got told as its too late ring on Monday.
I pushed it home, charged the battery again, and felt the downpipes. One of the cylinders wasnt firing.

I decided to change the spark plug, to see if that would help on Sunday. No avail.
Rang shop Monday. 'Ok we will pick it up sometime this week, maybe Saturday or Monday'

Monday, lunchtime I ring finance company to complain and want to reject bike, they say OK, take it to a local garage get evidence that it is broken i.e. repair quote? And they will look into it. (13 days after finance agreement).... A few hours later, at 4pm the dealer rings me: 'we pick it up at 7pm.' - They are a 3 hour drive from me - i could of been at work or anything.
I told them that I will be rejecting the bike, and he then told me he wont be picking it up and to ring back in the morning.

Rang back today, and they say they refuse to take the bike back, as they were honestly trying to fix it, and that it had been sold in good faith, and that because i tried changing the spark plug I couldn't reject it.

I rang Citizens advice and they said that I don't need to speak to the dealer, as through finance its actually the finance company that own the bike.

Now I'm past the 14 day cooling off finance period, my complaint was made before this period ended. The bike is booked into a local garage for Friday. I get the feeling this could take months...

My questions are::
Do I have a right to reject the bike? Based off that I got sold it broken, and they're so bloody unprofessional.
Will I get my deposit back?
Am I able to bill them for the fee to get it diagnosed at a local garage for the 'evidence building'?

Great start to 2019 :beer: Thank you anyone who can help me with this. Its stressing me out!

neilmcl

Your 14 day cancellation rights has nothing to do with this. The bike is faulty and you want to reject it. The finance company are equally liable for the breach in contract so go ahead and get proof that the fault exists and they should do the rest. You're entitled to a full refund of all monies paid.

System

The bike is not fit for purpose, regardless of the 'sold as seen' rubbish. If the bike was advertised as a non runner or faulty etc then its down to you. However if it was sold as a working bike then they and your finance provider have to deal with it.

neilmcl

michael32 wrote: »

The bike is not fit for purpose, regardless of the 'sold as seen' rubbish. If the bike was advertised as a non runner or faulty etc then its down to you. However if it was sold as a working bike then they and your finance provider have to deal with it.

To be fair you're the only one mentioning "sold as seen" and as far as the OP's consumer rights are concerned, it's nothing to do with "fitness for purpose", too many people use this phrase here but don't really understand what it means in reference to consumer rights legislation. This is about the quality of the goods, the bike isn't of satisfactory quality.

Norman_Castle

This should be on the consumer rights board.

MEM62

What is the make & model of the bike? What year and how much did you pay for it?

And out of interest why buy a bike from a dealer that is three hours away? (Did you actually see the bike before you bought it or did you see it for the first time when it was delivered?)

MEM62

Disappointing to see another OP signing up just to stick up a single post and naff off. Oh well.............

danny1299

I am still here, I had to make a new account as it said my other is locked? :S Even resent activation and all that.

Anyway, thanks for the advice yes.

It's a 2005 Bandit that cost circa £3000.

I've been looking for a specific specification bandit for a while, and after about a month, this was the one that popped up!

Mods feel free to delete this account if someone can get my other working or vice versa sorry for making another account.

MEM62

6 or 12?

Whatever version you have the Bandit is a relatively simple and robust machine. It is likely that, whatever the issue is, it is easily and cheaply solved.

With respect to your exchanges with the dealer, it sounds like he is trying wash his hands of you. Don't let him get away with that. Write to the dealer (write, not email) stating clearly your issues with the bike and what redress you are expecting. Keep the finance company involved as well and pursue your case with them. It is likely that they will want you to have the bike independently inspected and a report made with respect to the faults.

If it were me, I would seek out a local workshop that is trusted and ask them for an opinion anyway. I suspect that it will be either a carb problem - likely if the bike has been standing for a while prior to sale - or an electrical gremlin which can manifest themselves on older bikes. Once I have a diagnosis I would ask the dealer that you bought it from to pick up the repair bill.

Bandits were sold by the boat-load so there are lots out there but you mention that you looked for this particular variant for some time. In that case is not worth getting the issues sorted and keeping it?

chunkytfg

2005 Bandit 650 has carbs.

Lack of ignition and a flat battery when you first got it would have me taking a look at the carb for the cylinder that isn't firing.

Why not actually let the bike shop try and fix it first? Without giving them that chance you're unlikely to be able to reject it especially if the fault turns out to be blocked carbs due to dirty fuel!

danny1299

Thanks for follow up.

Yes its the 6.

It was mainly just the extra's that it had.

So I have taken this to a local bike mechanic, and he said that the carbs would need to be cleaned, and more than likely rejetted while they are off. It did have almost no fuel in it when i received it so probably dragged dirt through the tank.

To be fair on top of selling me a dud bike, the customer service is awful. I don't want my business with them and will seek another bike.

I guess they had the chance to pick the bike up, and they passed that chance up. So I will be in contact with finance people next week to figure it all out. :j