Re: Gutted isnt the word! Annoyed!
Quote:
Originally Posted by Nikki
[quote author=Mitch9128 link=1347285950/22#22 date=1347302618][quote author=Nikki link=1347285950/18#18 date=1347298015][quote author=Mitch9128 link=1347285950/17#17 date=1347297695]... irrespective of the cost of the bike you have 6 months implied warranty.
Really - its been a while now since I studied law but is that a blanket 6 months for all second hand bike sales? What legislation does that derive from?
[/quote]
Sale of goods act 1979, my you are old :P
http://www.which.co.uk/consumer-righ...t/your-rights/[/quote]
Cheeky monkey! No I'm not THAT old. I think you'll find that the actual legislation doesnt quote a time limit/period. Hopefully Maz will get an amicable resolution though.[/quote]
I think you will find, if you took the time to read it, it actually quotes 6 months in bold letters. Not just that link, but Google sale of goods act and it is quite clear on the 6 months time limit.
Six months...and counting
If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or 'as described' when it sold them e.g. by showing that the problem was caused by an external factor such as accidental damage. Beyond six months, it's up to you to prove that the problem was there when you received the goods even if it has taken until now to come to light.
Re: Gutted isnt the word! Annoyed!
Quote:
Originally Posted by Mitch9128
[quote author=Nikki link=1347285950/27#27 date=1347310910][quote author=Mitch9128 link=1347285950/22#22 date=1347302618][quote author=Nikki link=1347285950/18#18 date=1347298015][quote author=Mitch9128 link=1347285950/17#17 date=1347297695]... irrespective of the cost of the bike you have 6 months implied warranty.
Really - its been a while now since I studied law but is that a blanket 6 months for all second hand bike sales? What legislation does that derive from?
[/quote]
Sale of goods act 1979, my you are old :P
http://www.which.co.uk/consumer-righ...t/your-rights/[/quote]
Cheeky monkey! No I'm not THAT old. I think you'll find that the actual legislation doesnt quote a time limit/period. Hopefully Maz will get an amicable resolution though.[/quote]
I think you will find, if you took the time to read it, it actually quotes 6 months in bold letters. Not just that link, but Google sale of goods act and it is quite clear on the 6 months time limit.
Six months...and counting
If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or 'as described' when it sold them e.g. by showing that the problem was caused by an external factor such as accidental damage. Beyond six months, it's up to you to prove that the problem was there when you received the goods even if it has taken until now to come to light.[/quote]
My view, and I'm not a solicitor although I have studied law as part of what I do, is that the site is misleading. It doesn't refer to the actual relevant legislation, or any section of the legislation which is the only thing you can rely on. My memory isnt that bad and I seem to recall the actual legislation refers to 'reasonable' but I certainly dont recall reasonable time periods being defined.
Take a practical example - a dealer has an old p/ex hanging around say a 50cc moped and says you can have it for £200 (and that is a real example by the way) 5 1/2 months later you've covered 6,000 miles on it (and that isnt a real example) and the engine goes bang do you really think any Court in England is going to tell the seller that the buyer can have a refund?
Re: Gutted isnt the word! Annoyed!
Just to let you all know.
Spoken to them quoted the sales of goods act, trading standards and distance selling regs and they are going to pick the bike up and repair it and bring it back all free of charge as a "Good Will Gesture" cough cough!
Result! I also qouted one of the parts that needs replacing (the part no and price at £356.62) just for one of the probs and he shut up! ;D ;D
;D
Re: Gutted isnt the word! Annoyed!
WOOOHOO!!!!!!!!!!!!! hahahahaha I love this result. Brilliant! :D
if you are comfortable with them doing that then agree, otherwise insist on a full refund.
Re: Gutted isnt the word! Annoyed!
Quote:
Originally Posted by Nikki
[quote author=Mitch9128 link=1347285950/30#30 date=1347343148][quote author=Nikki link=1347285950/27#27 date=1347310910][quote author=Mitch9128 link=1347285950/22#22 date=1347302618][quote author=Nikki link=1347285950/18#18 date=1347298015][quote author=Mitch9128 link=1347285950/17#17 date=1347297695]... irrespective of the cost of the bike you have 6 months implied warranty.
Really - its been a while now since I studied law but is that a blanket 6 months for all second hand bike sales? What legislation does that derive from?
[/quote]
Sale of goods act 1979, my you are old :P
http://www.which.co.uk/consumer-righ...t/your-rights/[/quote]
Cheeky monkey! No I'm not THAT old. I think you'll find that the actual legislation doesnt quote a time limit/period. Hopefully Maz will get an amicable resolution though.[/quote]
I think you will find, if you took the time to read it, it actually quotes 6 months in bold letters. Not just that link, but Google sale of goods act and it is quite clear on the 6 months time limit.
Six months...and counting
If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or 'as described' when it sold them e.g. by showing that the problem was caused by an external factor such as accidental damage. Beyond six months, it's up to you to prove that the problem was there when you received the goods even if it has taken until now to come to light.[/quote]
My view, and I'm not a solicitor although I have studied law as part of what I do, is that the site is misleading. It doesn't refer to the actual relevant legislation, or any section of the legislation which is the only thing you can rely on. My memory isnt that bad and I seem to recall the actual legislation refers to 'reasonable' but I certainly dont recall reasonable time periods being defined.
Take a practical example - a dealer has an old p/ex hanging around say a 50cc moped and says you can have it for £200 (and that is a real example by the way) 5 1/2 months later you've covered 6,000 miles on it (and that isnt a real example) and the engine goes bang do you really think any Court in England is going to tell the seller that the buyer can have a refund?
[/quote]
Your view is irrelevant in law, here is the actual legislation from parliament:
Where faulty goods are returned within the first six months of purchase, the consumer has the benefit of a presumption that the goods were faulty when delivered (i.e. the
2 Section 2 , Sale and Supply of Goods Act 1994
3 Sale and Supply of Goods to Consumers Regulations 2002
4
consumer will be entitled to a remedy). If the retailer does not agree, it is for him to prove that the goods were satisfactory at the time of sale.
Re: Gutted isnt the word! Annoyed!
Yes, I am happy with it because its a motorbike I need.
Its 33BHP and because of my heigh and disability its the perfect bike (until my restriction ends lol).
I am so, pleased. I suppose its about having confidence to challenge and knowing something about the sales of goods act ect which I got from fellow WBs.
Thank you to all for the help, I really appriciate it!
Maz
Re: Gutted isnt the word! Annoyed!
Good news Maz, and no more than you are entitled to.
Re: Gutted isnt the word! Annoyed!
well that's good then. Hope it's resolved quickly hun :)
Re: Gutted isnt the word! Annoyed!
Re: Gutted isnt the word! Annoyed!
Yes, same.
I just loved it when he said as a good will gesture after the guy who sold me the bike ended up passing the phone over to someone else!
Obviously couldnt handle what I was saying.
Also I took a screen print of the original advert and sent it to them last night, where it states its a great little bike ect! ;D
I have to say, it was a phone call I have never made before and they actually said that they received the email a few weeks ago which stated that I had broken down but they didnt do anything and when I rang them didnt do anything!
Its all about assertivness!
Thanks all! ;)