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  • FIRST POST
    • yappycat
    • By yappycat 3rd Jan 18, 12:59 PM
    • 63Posts
    • 60Thanks
    yappycat
    Unhappy with custom built trike - do standard consumer rights still apply?
    • #1
    • 3rd Jan 18, 12:59 PM
    Unhappy with custom built trike - do standard consumer rights still apply? 3rd Jan 18 at 12:59 PM
    Commisioned someone to build me a custom trike early 2016 - took delivery of the vehicle early September but due to a lot of confusion at the DVLA we did not receive the V5C docs and sort the tax out until the start of December which meant that we could not legally drive the trike until then. On receiving the V5C and tax docs I discovered that the engine constantly cuts out due to what feels like a clutch issue. As I intended to replace handlebars anyway I decided not to complain immediately and have the clutch fixed at the same time. However a few days later petrol started leaking from the trike and that was the final straw for me.
    I emailed the seller of the trike informing him of the issues that we had discovered with the trike in the time it had been off the road (mainly cosmetic in nature and we had intended to remedy them ourselves) and that I would like a full refund for the vehicle, or reimbursement for the cost to fix the clutch/petrol leak problem plus transport costs as the vehicle is essentially grounded as it is not driveable.
    He is not willing to do either and has said that a custom item is not covered by standard consumer rights and as far as he is concerned he owes me nothing. I am unsure of what steps to take next. Can anyone point me in the right direction? Any help is very much appreciated.
Page 1
    • DoaM
    • By DoaM 3rd Jan 18, 1:17 PM
    • 4,373 Posts
    • 4,403 Thanks
    DoaM
    • #2
    • 3rd Jan 18, 1:17 PM
    • #2
    • 3rd Jan 18, 1:17 PM
    All that the customisation aspect denies the consumer is cancellation rights ... all other aspects of the Consumer Rights Act 2015 still apply:

    Supplied as described
    Fit for the stated use
    Of reasonable quality for the price paid
    Free from obvious defects

    Therefore you still have rights to repair or replacement. How did you pay?
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • yappycat
    • By yappycat 3rd Jan 18, 1:25 PM
    • 63 Posts
    • 60 Thanks
    yappycat
    • #3
    • 3rd Jan 18, 1:25 PM
    • #3
    • 3rd Jan 18, 1:25 PM
    I paid by direct bank transfer.
    • DoaM
    • By DoaM 3rd Jan 18, 1:29 PM
    • 4,373 Posts
    • 4,403 Thanks
    DoaM
    • #4
    • 3rd Jan 18, 1:29 PM
    • #4
    • 3rd Jan 18, 1:29 PM
    I paid by direct bank transfer.
    Originally posted by yappycat
    Oh dear
    That's always a warning sign as it offers you no consumer protection.

    If he won't abide by his legal responsibilities then you may need to take court action to force him to.

    You could always report this to Citizen's Advice so they can raise this with Trading Standards ... TS may already have a file on him and your report may lead them to take action.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • ssparks2003
    • By ssparks2003 3rd Jan 18, 6:23 PM
    • 370 Posts
    • 505 Thanks
    ssparks2003
    • #5
    • 3rd Jan 18, 6:23 PM
    • #5
    • 3rd Jan 18, 6:23 PM
    Was the engine/gearbox etc provided by the supplier new or was this sourced secondhand or provided by you?

    What is the reason for the fuel leak? Personally I would say that for a custom vehicle there are always teething problems that need to be dealt with and it is a bit early to be rejecting
    • yappycat
    • By yappycat 8th Jan 18, 2:22 PM
    • 63 Posts
    • 60 Thanks
    yappycat
    • #6
    • 8th Jan 18, 2:22 PM
    • #6
    • 8th Jan 18, 2:22 PM
    Was the engine/gearbox etc provided by the supplier new or was this sourced secondhand or provided by you?

    What is the reason for the fuel leak? Personally I would say that for a custom vehicle there are always teething problems that need to be dealt with and it is a bit early to be rejecting
    Originally posted by ssparks2003
    The supplier sourced the donor bike for conversion and I don't know the reason for the fuel leak - possibly something really straightforward like flooded carbs but I can't say that for sure.
    As you say it may well be teething problems and tbh we would prefer a repair but don't think we should be responsible for the cost of that. As the seller is over 200 miles away we can't just ask him to swing by and take a look at it.

    He has now asked me to return the trike so he can inspect the faults. This would involve paying for transportation, and seeing as he has already tried to say that the issues are our fault I am loathe to do this. I'm trying to find out where I stand if I pay to return it and he then says he has inspected the vehicle and the faults were caused by us even though we haven't even been able to ride the thing since we got it. He could very easily do this - he has already informed us that we invalidate the warranty if we let anyone but him work on the vehicle so I can't get an independent garage closer to home to look at it and give me an objective diagnosis
    • shaun from Africa
    • By shaun from Africa 8th Jan 18, 2:39 PM
    • 10,027 Posts
    • 11,298 Thanks
    shaun from Africa
    • #7
    • 8th Jan 18, 2:39 PM
    • #7
    • 8th Jan 18, 2:39 PM
    I paid by direct bank transfer.
    Originally posted by yappycat
    Was the entire payment made this way or did you by any chance pay a deposit on a credit card?
    • yappycat
    • By yappycat 8th Jan 18, 5:10 PM
    • 63 Posts
    • 60 Thanks
    yappycat
    • #8
    • 8th Jan 18, 5:10 PM
    • #8
    • 8th Jan 18, 5:10 PM
    Was the entire payment made this way or did you by any chance pay a deposit on a credit card?
    Originally posted by shaun from Africa
    all by bank transfer I'm afraid
    • Greta Sharbo
    • By Greta Sharbo 9th Jan 18, 6:45 PM
    • 190 Posts
    • 207 Thanks
    Greta Sharbo
    • #9
    • 9th Jan 18, 6:45 PM
    • #9
    • 9th Jan 18, 6:45 PM
    Is 2016 a typo and you meant 2017?

    If not, how long after Dec 2016 did you contact him?
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