Waiting almost 2yrs for bike, now not as model shown

Splitzafrenic

Hello I wonder if anyone can help.

I put a deposit on a motorbike in early late April '17 off a rendering.
The bike was launched in late May '17, I went to the product launch, was really happy that the bike looked even better than the rendering. I was told what I was looking at was how the bike would be delivered, there would a few minor cosmetic details that might change, but no more. I was told the bike would be going into production no later than Sept '17 and we would have it long before Christmas.
In Oct '17 we did a factory tour as we had already been informed build dates were delayed as they were having quality issues with the petrol tanks......It was implied that Brexit and the devaluing of the pound was causing them issues and they needed the next part of the deposit, or ideally the full settlement asap. We paid for the bike in full in early Nov '17.....(I now know NEVER to do that again)
In August 2018 we were told by the MD of the business our bike was ready and we needed to arrange collection / delivery asap. However whenever we called the factory to do this we got fobbed off, basically the bike wasn't finished..excuses ranged from "its lost in our computer system' ......'there is a frame issues'......."it needs an MSVA"...no matter how hard we have tried we can not get a straight answer as to what happened to our bike but it finally got its MSVA on 10th Jan 2019 and is now due to be delivered any day.

So whats the problem you may ask? Well our T&C's say that they may make minor cosmetic changes. What has changed is the entire front end of the bike, the petrol tank and rear suspension. I would say these are substantial parts of the bike. I believe that the bike is no longer 'as per model shown' on the launch day. I have spoken to Trading Standards & CAB who say under the consumer act if the builders have offered us our money back then we either take that or the bike that they have built.
What I want is the bike that I bought in April/May 2017 not this later amended version. I have spoken to the builders at length and they will not budge one little bit on their position, they even threatened to bill me for storage as they have had our bike so long! I laughed at them and said if they tried that I would love to see them in court.
This bike is one of 250 in this range, most of the customers are furious, but we don't appear to have a leg to stand on according to CAB. Is that really true?
When the bike is delivered I want to sign the paperwork as 'bike delivered short ordered or not as model shown' but I don't really know if I have anywhere to go with that delivery document when I have it.
Any help, advise, pointers etc greatly received and most appreciated.

neilmcl

Have they offered a refund?

MEM62

CCM?

Trading Standards have advised you in respect of your options. Take the bike as is or your money back. The reality is that you are not going to get the bike in the specification that you want and no matter how much time, effort or even money if you resort to litigation, you waste in trying to make that happen the outcome will not change.

I am not saying that this is morally right but come battles cannot be won.

foxy-stoat

As you have already spoken to the CAB and got your answer I do not think there is anything more that folk on here can tell you.

Interested to see the renderings and a photo of the actual bike you purchased.

Nobbie1967

The bike you want doesn't exist, it was never built. They aren't going to do a one off special for you, so you should take the refund. I'm not really sure how else you expect this to turn out?

Herzlos

They'll argue the changes are perfectly fair given the contract you signed covering cosmetic changes and that you bought it based on a render/prototype.


Realistically, all you can do is take the bike or the money. How different is it really?



The bike you want doesn't exist and won't ever exist. Unless you're paying them/someone else to customize it for you, it's not happening. There might even be good technical reasons for the change.

forgotmyname

Either accept the bike or refuse it and sue them for your money back.

If you accept delivery then its going to be yours.. They will just say these changes had to be done for legal reasons.

Good job you didnt buy a Jaguar XJ220 in the 90's. The delivered car was way off what people put their deposits on.

My V12 appears to have 6 cylinders missing

Brummie85

forgotmyname wrote: »

Either accept the bike or refuse it and sue them for your money back.

If you accept delivery then its going to be yours.. They will just say these changes had to be done for legal reasons.

Good job you didnt buy a Jaguar XJ220 in the 90's. The delivered car was way off what people put their deposits on.

My V12 appears to have 6 cylinders missing

The engine from a Metro 6r4?

forgotmyname

Yeah, thats the one. But when they took the orders and the money it was supposed to be a V12.

Half the engine vanished and the price went up...

family4tunes

In my view you only have 2 choices:

Take the refund
Take the bike

Sorry, its that simple. I can appreciate your disappointment with both, but without really messing around and creating more upset and delays taking one of these choices would be an end to all the hassle.

MEM62

family4tunes wrote: »

In my view you only have 2 choices:

Take the refund
Take the bike

Sorry, its that simple. I can appreciate your disappointment with both, but without really messing around and creating more upset and delays taking one of these choices would be an end to all the hassle.

You are wasting your time (as the rest of us did) in responding. The OP posts about once a year so is not due to be back for a while. They are unlikely to give us any feedback.