New motorcycle faulty, transport back to dealer

HillStreetBlues

You are looking at Consumer Rights Act 2015
As the fault happened within 6 months the dealer has one chance to fix it.
As well as repairing it the dealer must also bear any costs in doing so. So if you have to pay to get the bike to dealer  then the dealer must cover that cost.
Also if causing you "significant inconvenience" in getting the bike to the dealer the dealer should be arranging collection and repair.



https://www.legislation.gov.uk/ukpga/2015/15/section/23/enacted?view=plain

If the consumer requires the trader to repair or replace the goods, the trader must—

(a)do so within a reasonable time and without significant inconvenience to the consumer, and

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

rumpetroll

I would just like to conclude this thread. I went back and forth on email with the shop trying to resolve this, they wouldn't budge and they offered to repair the bike but I would have to pay for and arrange for it to be returned to myself or they offered £30 off the first service if I got it repaired by someone else locally. I tried explaining the relevant parts of the consumer rights act to them but they kept insisting that transport wasn't covered under warranty and despite me telling them it wasn't a warranty issue but a consumer rights issue they wouldn't listen.

So, I had it repaired by a local company which was £60, this included a call out charge as I didn't deem it safe to ride the bike in the state it was in. I sent the invoice of £60 to the shop and asked them to reimburse me, which they refused.

A few weeks later the same issue happened, at this point the bike had done enough miles to be in the range of its first service (which I think is also a bit of a con that it needs a service at 500 miles). So I take the bike to the shop to have it serviced and for them to fix the bolt again. While there I requested they reduce the service cost by £60 to cover my expenses, they said they would drop it by £30, I refused.

The day after the service and repair I sent them a letter before action informing them that if they didn't pay the £60 to me then I would begin legal action to recover it, they sent me £30.

I waited the 2 weeks from the LBA and then issued a claim through MCOL for the £30 outstanding.

Today I had my day in court and won, I claimed it was a consumer rights issue and not a warranty issue. The director of the shop was then asked why the consumer rights act didn't apply to this case and they gave a bunch off waffle about it not being fair and not covered under warranty. It's safe to say that when the judgement was being made I couldn't help but have a small grin on my face. They ended up having to pay the £30 I claimed + £35 claim fee + £27 court fee.

SteveJW

rumpetroll said:

Today I had my day in court and won, I claimed it was a consumer rights issue and not a warranty issue. The director of the shop was then asked why the consumer rights act didn't apply to this case and they gave a bunch off waffle about it not being fair and not covered under warranty. It's safe to say that when the judgement was being made I couldn't help but have a small grin on my face. They ended up having to pay the £30 I claimed + £35 claim fee + £27 court fee.

Congratulations, well done and thanks for updating the thread

Mr.Generous

Which Chinese bike is it?

HillStreetBlues

rumpetroll said:

I would just like to conclude this thread. I went back and forth on email with the shop trying to resolve this, they wouldn't budge and they offered to repair the bike but I would have to pay for and arrange for it to be returned to myself or they offered £30 off the first service if I got it repaired by someone else locally. I tried explaining the relevant parts of the consumer rights act to them but they kept insisting that transport wasn't covered under warranty and despite me telling them it wasn't a warranty issue but a consumer rights issue they wouldn't listen.

So, I had it repaired by a local company which was £60, this included a call out charge as I didn't deem it safe to ride the bike in the state it was in. I sent the invoice of £60 to the shop and asked them to reimburse me, which they refused.

A few weeks later the same issue happened, at this point the bike had done enough miles to be in the range of its first service (which I think is also a bit of a con that it needs a service at 500 miles). So I take the bike to the shop to have it serviced and for them to fix the bolt again. While there I requested they reduce the service cost by £60 to cover my expenses, they said they would drop it by £30, I refused.

The day after the service and repair I sent them a letter before action informing them that if they didn't pay the £60 to me then I would begin legal action to recover it, they sent me £30.

I waited the 2 weeks from the LBA and then issued a claim through MCOL for the £30 outstanding.

Today I had my day in court and won, I claimed it was a consumer rights issue and not a warranty issue. The director of the shop was then asked why the consumer rights act didn't apply to this case and they gave a bunch off waffle about it not being fair and not covered under warranty. It's safe to say that when the judgement was being made I couldn't help but have a small grin on my face. They ended up having to pay the £30 I claimed + £35 claim fee + £27 court fee.

Well done
Companies deny people's rights as they know most either don't know the law or can't be bother to get it enforced.
It's great to hear about someone following up a LBA and your grin was well placed.

rumpetroll

Mr.Generous said:

Which Chinese bike is it?

It was a Yamasaki F31