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Gutted isnt the word! Annoyed!
Hi all,
I am placing this as a warning to all. I bought a bike from on the internet and I have had nothing but issues with it! Clutch plates have gone which I need some help with so, Ive placed a thread on Technical Help / Riding tips & Training and my exhaust has gone and Ive got a little leak!
Cannot belive it! Had it 3 weeks (I havent even received my V5 yet ;)). This company were very nice at selling me the bike but did not respond to my emails and calls when it went bad!
I bought the bike for £1600 and my insurance on that came to nearly £2000! I just dont have the money to hand for extensive repairs!
What do I do? Do I scrap the bike (it runs and had an MOT and Tax) or sell it for someone for a project or do I keep it and sort the repairs out.
I can fix the exhaust this month, but the clutch plates is a new issue which was found out today. I dont know the price of this.
I am so, fed up. They sold me a complete pile of *****
All I want to do is get back to riding after my time off for my disability.
Talk about a downer lol
Thanks all
Maz
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Re: Gutted isnt the word! Annoyed!
depends how much you like that particular bike, if its the bike for you then repair but if you do sell, be honest about the issues or list as spare/repair for sale.
hope you get sorted either way :)
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Re: Gutted isnt the word! Annoyed!
Yeah, I am always honest.
I will be losing a lot of money on it if I sell it. This is due to the issues.
I was thinking of £600 due to the fact it still runs and that will has an MOT and tax also they are rare bikes now.
I am annoyed that people arnt honest when selling!
I suppose I am too honest thats my issue! ;)
Thanks
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Re: Gutted isnt the word! Annoyed!
I was thinking of selling it next year in Sept when my restriction runs out.
Just I wasnt thinking of the amount it would cost me to fix it considering nothing was mentioned about anything when I bought it.
I can make a decision if I new a rough price of the clutch plate that will need to be replaced. If its going to cost about 200 thats ok but anything more then ill get rid.
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Re: Gutted isnt the word! Annoyed!
What is the actual issue with the clutch?
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Re: Gutted isnt the word! Annoyed!
I have problems with the rpm. Its like the engines rpm isnt matching the speed and its so slow then at about 50mpg the bike catches up and actually goes! Its like when someone doesnt change gear when they are meant to! Really loud...
The biting part of the clutch is nearly all the way out, I hardly need to touch it for it to move and the same with the changing of the gear.
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Re: Gutted isnt the word! Annoyed!
Does the Sale of Goods Act not apply? If you bought this bike (new or 2nd hand) from a business?
Might be a question for Ducatista, I think she works in something to do with legal things.
If I were you though, I would be pursuing the company I bought the bike from, even go to Trading Standards for help, rather than taking a massive loss on something that you have just bought that isn't fit for purpose.
Sorry to hear you got shafted tho :'(
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Re: Gutted isnt the word! Annoyed!
You have 6 months from date of sale, before then the dealer has to prove the faults were not there at point of sale, you need to contact this shower.
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Re: Gutted isnt the word! Annoyed!
It says my warrenty is for 1 month only or 280 miles....
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Re: Gutted isnt the word! Annoyed!
Quote:
Originally Posted by Maz
It says my warrenty is for 1 month only or 280 miles....
You still have your statutory rights irrespective of what the dealer told you abou warranty. This assumes its a dealer of some description and it wasn't a private sale. There's the distance selling legislation, as well as fit for purpose etc.
How did you pay them? Cash, credit card?
As Mitch says it sounds like the clutch is slipping and it may just need adjustment or a new cable anyway.
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Re: Gutted isnt the word! Annoyed!
They are up in Manchester and I paid via my visa debit card.
I will visit Phil so, he can tell me what going on. Its done 13000 and not had the clutch plates changed so, it could be that however, the clutch cable would need doing as its rusty.
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Re: Gutted isnt the word! Annoyed!
How many miles have you done since picking it up?
You should be covered by trading standards as they haven't sold you a vehicle fit for purpose.
The plates should only need doing if it has a really hard life. The clucth cable should have been replaced if it was rusty prior to you purchasing it if the dealer was caring of his customers.
Failing that you could do what a member on another forum did, take the bike back to Manchester chain it somewhere outside the front legally and decorate it with the fact that he is a crap dealer and he should soon get in touch with you.
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Re: Gutted isnt the word! Annoyed!
Thinking about scrapping it over a dodgy clutch is a bit of an over-reaction Maz - it probably needs a new cable, and at worst a new set of plates too, which Jon has found for less than £40 so you're probably looking at £60 maximum for parts (maybe a gasket as well on top of that). Did you test ride it before buying it, and wasn't the clutch issue apparent then?
It'll be ok with a little fettling, no worries 8-)
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Re: Gutted isnt the word! Annoyed!
The clutch seemed ok. Pulling off was fine now its terrible just revs.
I was told that its going to cost me a days work £240 then my exhaust issue which is a few hours work from Phil. I was told that by a biker thats why I needed to know how much it was going to cost so, I cpuld make a decision based on facts.
Thanks all.
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Re: Gutted isnt the word! Annoyed!
Not trying to defend the seller here but I do think before jumping in its only fair to discuss it properly with them.
Bear in mind at £1,600 they probably haven't made much money on it, and if it test rode OK could/did they even know it had the faults?
At the end of the day it's a second hand bike and things go wrong as annoying as it is.
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Re: Gutted isnt the word! Annoyed!
I managed to get through to the seller but got through to the guy who actually sold me the bike.
He is going to do something, he said he will ring me back.
The other guy I spoke to didnt want to know and I sent emails and they dodnt want to know.
Its hard to discuss something that they wont hear. It has been a learning experience for me.
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Re: Gutted isnt the word! Annoyed!
That's great news - I think picking up the phone can often be a better way to resolve an issue like this.
Hope you get it sorted fairly :)
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Re: Gutted isnt the word! Annoyed!
If they refuse to fix it, contact consumer direct. They will help you pen a letter, which you send signed for, if still no joy, then it's fix it and small claims. Either way contact consumer direct, irrespective of the cost of the bike you have 6 months implied warranty.
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Re: Gutted isnt the word! Annoyed!
Quote:
Originally Posted by Mitch9128
... 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?
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Re: Gutted isnt the word! Annoyed!
Thank you!
I am looking forward to the conversation tomorrow with them to be honest.
I have only done 203 miles since I purchased the bike which was on the 02/08/2012. Apparently they can refuse to fix it if it costs too much so, I can then ask for a partial refund of the bike.
Still not great but at least its something. After I rang I written an email and sent it which bounced back as the companies email address isnt working.
However, I can prove its there email due to their website just in case they get funny.
Thanks all, I just want it sorted now and with having no mechanical knowledge on bikes, I havent got a clue. :o
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Re: Gutted isnt the word! Annoyed!
Quote:
Originally Posted by Maz
Thank you!
I am looking forward to the conversation tomorrow with them to be honest.
I have only done 203 miles since I purchased the bike which was on the 02/08/2012. Apparently they can refuse to fix it if it costs too much so, I can then ask for a partial refund of the bike.
Still not great but at least its something. After I rang I written an email and sent it which bounced back as the companies email address isnt working.
However, I can prove its there email due to their website just in case they get funny.
Thanks all, I just want it sorted now and with having no mechanical knowledge on bikes, I havent got a clue. :o
If I was you I'd make sure you know exactly what's wrong with the bike and the have some quotes to fix those faults before contacting the seller, get some quotes in writing for the work required.
I think you'll have a much stronger case that way.
If you are/may be considering legal action confirm what you've said in writing to the seller using a recorded delivery letter rather than email.
If you do go as far as small claims court you need to show the judge you've been as reasonable as possible in allowing the seller to resolve the issues or you'll just waste your court fee.
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Re: Gutted isnt the word! Annoyed!
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Re: Gutted isnt the word! Annoyed!
Quote:
Originally Posted by Nikki
[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/
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Re: Gutted isnt the word! Annoyed!
You HAVE to give the seller opportunity to rectify the faults though, if you don't, you won't have a leg to stand on.
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Re: Gutted isnt the word! Annoyed!
Yes, I am waiting for them. Once I do tomorrow I will know where I go from there.
Thanks all x
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Re: Gutted isnt the word! Annoyed!
*cough* trading standards *cough*
A few years ago I bought a car on eBay (yes, I KNOW!) from what seemed like a reputable car sales place in Reading.
Anyway, long story short, a con rod snapped 6 weeks after I bought it and the piston smashed through the head - the engine was fubar'd.
I contacted the seller who said he was 'willing to help me look for a replacement engine' - about £4000 No warentee was implied or offered by the seller. I rang around and spoke to trading standards. I was advised to call him back and quote the words 'trading standards' & 'my solicitor' in the same sentence, which I did, low and behold, the car was collected within 24 hours and I was refunded in full. ::)
Hope you get it resolved asap :-/
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Re: Gutted isnt the word! Annoyed!
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Re: Gutted isnt the word! Annoyed!
Quote:
Originally Posted by Mitch9128
[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.
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Re: Gutted isnt the word! Annoyed!
Whereabouts are you Maz ? as you mention someone called Phil :-? I assume you mean Phil Stokes, Westbury ??
I only ask as Phil tends to be a little on the dear side as Bikes are no longer his bread and butter income :(
If you are local/ In Westbury pop it round one evening or the weekend and I will have a look/Listen at it for you :)
Cheers
Simon
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Re: Gutted isnt the word! Annoyed!
Yes, Phil in Westbury.
I am juat waiting for tomorrow morning now!
Hopefully they will do something however I read that they will only repair up to 180 wprth of damage! However I know this will be more than that!
I hope they dont say they cant help or get funny about it. I dont have the means to ride it up their to Manchester and it will mpst likely not make it anyway. I will use the trading standard and solicitor thing if he gets funny.
I dont deal will with confrontation.
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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.
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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?
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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
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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.
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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.
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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
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Re: Gutted isnt the word! Annoyed!
Good news Maz, and no more than you are entitled to.
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Re: Gutted isnt the word! Annoyed!
well that's good then. Hope it's resolved quickly hun :)
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Re: Gutted isnt the word! Annoyed!
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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! ;)