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Purchased a dangerous motorcycle

43 replies

StayAGhost · 05/01/2022 08:00

DH brought a motorcycle ££££
It then pissed it down with rain for several weeks, so didn't take it out
Took it for first ride on New Year's Day
On going from first gear to second the whole back wheel locked up, throwing him off
There's loads of damage to the bike
Looking at the clutch/ gear box it's obviously faulty
Where do we stand regarding getting ££££ back?

OP posts:
ColdHandsColdFeetWarmHeart · 05/01/2022 10:10

@StayAGhost

Cold hands, correct it is a Suzuki!
Definitely worth investigating then...
StayAGhost · 05/01/2022 10:12

Coldhand it would be SO annoying to find the cause of the whole thing was a faulty switch!!

The bike is unridable, needs a van (or I actually think needs scrapping 😒)

STILL no reply from email

Looking at costs for an RAC inspection....

OP posts:
StayAGhost · 05/01/2022 10:14

Coldhands
A get the whole "cutting off, not starting in gear" thing but surely it wouldn't cause the rear wheel to lock up whilst moving?

OP posts:
VanCleefArpels · 05/01/2022 10:17

See the CAB links helpfully linked above. You need to give the seller the opportunity to fix it before seeking a refund

Roselilly36 · 05/01/2022 10:22

The other suggestion I would make, are they a franchised Suzuki dealer OP? If they are, and you can’t get a reply from the dealer, contact Suzuki directly. Good luck with this OP, I think you may have quite a battle on yours hands.

EricScrantona · 05/01/2022 10:54

Is it within the three month warranty? If they ignore emails, threaten Financial Ombudsmen (the FOS). They charge for investigating (the dealership, not you) so it's in their interest to sort it before it reaches them.

StayAGhost · 05/01/2022 11:06

Oooh is that right Eric? I thought the financial ombudsman was just for their financial services?
Yes well with in "warranty' delivered on 10 December, went 40 yards, chucked rider off

OP posts:
prh47bridge · 05/01/2022 12:29

The Financial Ombudsman deals with businesses that provide financial services. I doubt that includes motorcycle dealerships.

Under the Consumer Rights Act, the bike must be of satisfactory quality (taking into account its age and mileage if it was second hand), fit for purpose and match any description that was given. The bike clearly does not meet these requirements. You are therefore able to reject it and receive a full refund. This includes the value of the bike that you part exchanged. You need to get on with this as you only have 30 days from taking delivery to do this.

After 30 days, you must give the dealer a chance to repair or replace the bike - they can choose which. If the repair or replacement fails, you can get the dealer to reduce the price or provide a refund - note that they are allowed to make a deduction for fair use of the bike.

For the first six months, any fault is assumed to have existed when the bike was delivered. If the dealer wants to argue otherwise, they have to prove their case, e.g. by showing that the fault was due to you misusing the bike. After six months, it would be up to you to prove that any fault was present on delivery.

As you paid by credit card, your credit card provider is jointly liable with the dealer, so you can approach them if the dealer continues to ignore you.

I would ring them to see what they say. Follow up with an email to record your understanding of the conversation. I would double check that the email address you are using is correct in case the reason they haven't responded is that they haven't actually received your emails.

If you are getting nowhere with them, send them a letter before action setting out the facts, including copies of any documents you would rely on in court, telling them what you want from them (a full refund, presumably) and giving them a reasonable time to respond. Tell them that, if they fail to respond satisfactorily, you will take legal action without further notice. I would also try your credit card provider in parallel with this.

EricScrantona · 05/01/2022 18:40

Hmm, i work in insurance and any claims that aren't dealt with as per customer wishes get sent to the FOS so I assume they would because it's something that you've paid for? I could be wrong. Call and check just in case as they are amazing. They have a back log at the minute but who doesn't.

prh47bridge · 05/01/2022 19:02

@EricScrantona

Hmm, i work in insurance and any claims that aren't dealt with as per customer wishes get sent to the FOS so I assume they would because it's something that you've paid for? I could be wrong. Call and check just in case as they are amazing. They have a back log at the minute but who doesn't.
Insurance is classified as a financial service, so the FOS can get involved. That is why complaints go there. The FOS will not get involved with a complaint about a motorcycle dealer as that is not a financial service.
StayAGhost · 06/01/2022 08:08

The insurance policy specifically states crashes due to a mechanical failure aren't covered

Even if I managed to sort the damage caused by the crash, the bike clutch: gearbox needs replacement £££

OP posts:
dgirluk · 06/01/2022 08:18

Sidestand switch usually turns the engine off (stalls it) if activated; it's designed to stop you having an accident by putting the side stand down by mistake while riding. I guess it could cause the rear wheel to lock up - or slow down rapidly due to loss of power.

The gearbox not going from neutral to second (clunk to first is normal) seems like it might be a red herring; either damage could've been caused during the accident, or if it was there before I'm not sure how it could cause the rear wheel to lock - going from first to neutral would free wheel rather than lock. Then it not selecting 2nd wouldn't lock. Happy to be corrected though.

Rear wheel locking could be lots of things; engine seized (does it start and run now?), issue with the chain (not convinced on this one), lots of issues like an issue with the rear brake even. Or did your DH let the clutch out too quickly himself which could do something similar I suppose. And if he was on a corner or slippery road at the time could cause an issue?

Related but a tangent - I've got an old Suzuki and it's had it's side stand switch disconnected - none of our other bikes have! I didn't realise that was a Suzuki thing!

Toohardtofindaproperusername · 06/01/2022 08:24

Google your rights. I think you need to put something in writg within the first 30 days so yoi have to act fast. But you do have rights for a faulty vehicle and it's best to get more advice. You can get enough onl ik ne to get started .. just done leave it because delays wont hekp you prove anything

StayAGhost · 06/01/2022 08:28

Thanks for everyone

Really didn't expect to be in this position when purchasing from a long standing dealership

I phoned them in the end, and need to prove an issue with gearbox: clutch will also get them to check side stand mechanism. So just ringing round trying to arrange for an independent motorcycle mechanic to do an assessment 🙁

OP posts:
Toohardtofindaproperusername · 06/01/2022 08:47

Put something in writing. Basic. Clarify .. you bought bike om n x date. Forst time you actually used it was x date. It broke down wtc wtc(basic basic)
You called them on x date. The said x

(I think there are better people on here than me .. bit km bot sure "you" have to prove something. I think they have to prove it was road worthy. Snd clearly it isnr.
Get advice online ... I found really helpful advice in a Google el search ... 12:29prh47bridge ... give helpful advice and uses some of the terms you can google .. consumer rights after buying a motorbike WTC.

Cover your arse .. be professional even you do it, nit inflammatory... bit cover your arse
The dealership I bought from has a very good reputation for campervans and I had to be very very diplomatic, deferential and careful to get my money back for a problem that was jo way at all my fault bit millionaire owner clearly didnr have scruples and would hav tried not to give me a refund if there was any way whatsoever he could have got away with it.
I dont think the repair or fault is yours to sort out so be careful accepting that route ...

BabycakesMatlala · 06/01/2022 08:56

@prh47bridge has given you a really good clear description of your legal position. Use that when you speak to them.

VanCleefArpels · 06/01/2022 15:25

@StayAGhost

Thanks for everyone

Really didn't expect to be in this position when purchasing from a long standing dealership

I phoned them in the end, and need to prove an issue with gearbox: clutch will also get them to check side stand mechanism. So just ringing round trying to arrange for an independent motorcycle mechanic to do an assessment 🙁

If the dealer has asked you to prove there was an issue with the gearbox then they are not complying with their duties under the CRA as brilliantly set out by @prh47bridge. They should be looking at the bike to assess it
ColdHandsColdFeetWarmHeart · 11/01/2022 08:22

@StayAGhost did you get any resolution with this yet? Fingers crossed for you!

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