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Buying a motorbike on finance

mr_pillar
mr_pillar Posts: 5 Forumite
edited 4 February 2013 at 10:07PM in Consumer rights
I bought a brand new motorbike in November on finance, Ive ridden it for less than 1 hour until I noticed something wrong with it. The bike shop has confirmed something is wrong and that the work is being done on warranty. They have had it for more than 2 weeks now. It was meant to of been fixed last week but they rang saying they have found more problems. Where do i stand on getting a refund/handing the bike back? im paying monthly for a bike i cant use which i believe has been sold not fit for purpose. My 3rd monthly payment is coming out soon for bike i dont even have. thanks
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Comments

  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You won't get a refund as they have the right to fix it, you shouldn't be significantly inconvenienced though, but that is subjective as to what the law states on that. They may need time for replacement parts to get to them so it may be seen as fair.

    In the mean time they should be giving you a loan bike, have you asked them? If they refuse tell them you will take it up with the finance company and push for a refund, the finance company are jointly liable and could put pressure on them to speed things up.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    I'm not sure that I agree with bris on this. The bike dealer has admitted that there was a fault that showed up within an hour of the OP taking delivery (so was probably there from the start) and have since found more issues. I'd say that leaves the OP able to reject rather than return for the dealer to decide what to offer.

    http://www.which.co.uk/consumer-rights/problem/what-do-i-do-if-i-have-a-faulty-product/

    "As soon as you've noticed a fault, you should contact the retailer. You only have a limited time – usually only a few weeks – to reject something."
  • dalesrider
    dalesrider Posts: 3,447 Forumite
    So you are complaining that a bike shop has had the bike for 2 weeks to repair.
    Yet you only used it for 1 hour from November to what at best we can guess is mid Jan.....

    What make?
    What is the problem?
    When was it 1st reported?
    How many miles?
    Never ASSUME anything its makes a
    >>> A55 of U & ME <<<
  • mr_pillar
    mr_pillar Posts: 5 Forumite
    I collected the bike on the 16th november. I was really busy so didn't get time to ride it much at all. I didnt notice the problem for a while. I First reported the problem to the bike shop on January the 4th. I basically want to know where i stand, ie when i complain do i have any rights? I believe the bike was faulty from day 1 and had something wrong with it when i collected it. The bike was checked over but no problems where spotted by the shop on the handover. Would it be fair for me to ask for a gift voucher maybe to spend in there shop or something as im the one who is out of pocket.

    Thanks
  • mr_pillar
    mr_pillar Posts: 5 Forumite
    Im really complaining that i brought a brand new bike that i cant even ride but still having to pay monthly for. Its a off road motocross bike which i feel was not sold not fit for purpose. surely the finance company only lent the money if i actually have a ridable bike?
  • mr_pillar
    mr_pillar Posts: 5 Forumite
    dalesrider wrote: »
    So you are complaining that a bike shop has had the bike for 2 weeks to repair.
    Yet you only used it for 1 hour from November to what at best we can guess is mid Jan.....

    What make?
    What is the problem?
    When was it 1st reported?
    How many miles?

    Ktm 125 exc 2013

    something wrong with power valve jamming.

    about 10 miles!!

    4th jan
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    agrinnall wrote: »
    I'm not sure that I agree with bris on this. The bike dealer has admitted that there was a fault that showed up within an hour of the OP taking delivery (so was probably there from the start) and have since found more issues. I'd say that leaves the OP able to reject rather than return for the dealer to decide what to offer.

    http://www.which.co.uk/consumer-rights/problem/what-do-i-do-if-i-have-a-faulty-product/

    "As soon as you've noticed a fault, you should contact the retailer. You only have a limited time – usually only a few weeks – to reject something."
    No, he's had it since November and only ridden it for an hour, there is a difference, if he complained within an hour of receiving it then it would be different advice.
  • dalesrider
    dalesrider Posts: 3,447 Forumite
    mr_pillar wrote: »
    Ktm 125 exc 2013

    something wrong with power valve jamming.

    about 10 miles!!

    4th jan


    Ah the joys of google and problems :rotfl:

    Davluff.....
    So rang up Fowlers wednesday to check parts were still coming in on the 31st, They confirmed they were and bike would of been ready for yesterday, but couldn't collect it till today anyway. Just happened to get a puncture today so again couldnt collect it! 5pm phones rings!! Sorry but we have had the parts in and tried to fix your bike! There are still some underlying problems with it and we are having to send some photos off to KTM!! This is all getting a bit silly now. Ive ridden the bike for less than 1hour!!

    last post in thread....


    Opps 1st post.
    Hi,

    I just had a look at adjusting the power valve today from advice of previous posts on this topic. However the 2013 exc, seems slightly different. I couldn't see any visible marks/notches to use to adjust it in the inspection hole, and 3 turns on the adjuster moves it about 5mm max. Are the new 125 different?

    Wonder if Fowlers know you had been a fiddling.....

    Still you also know that KTM have said it will take a while to get the parts as the yare aware of the issue.
    Wonder if they have a iffy batch and are having to get new ones made up.
    Never ASSUME anything its makes a
    >>> A55 of U & ME <<<
  • DCFC79
    DCFC79 Posts: 40,644 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ah so the plot thickens.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    bris wrote: »
    No, he's had it since November and only ridden it for an hour, there is a difference, if he complained within an hour of receiving it then it would be different advice.

    Yes, I missed the November bit when I first looked, so obviously the delay in going back makes a refund the choice of the dealer, and not one that they're likely to take.
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