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Thread: Where do I stand legally on this?

  1. #16
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    Default Re: Where do I stand legally on this?


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    Quote Originally Posted by Supermofo View Post
    Good luck Bro. Lemme know if I need to buy some balaclavas and tool up
    Cheers bro. Not sure I can be bothered to drive the 170 miles

  2. #17
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    Default Re: Where do I stand legally on this?

    Quote Originally Posted by KungFooBob View Post
    So what happens if you reject the bike... and they've already sold your part-ex?

    Do you just get the full invoiced purchase cost back?
    According to the legislation and my chat with citizens advice, if they still have my old bike in their possesion they can return it which is fine by me. However, it has to be in exaclty the same condition/state as I gave it to them that includes mileage, give or take a mile or so if they rode it from van to the workshop etc. If these conditions are not met then they have to give me the trade in price and then money back that I paid for the Fazer.

    If they have sold it then they have to give me the 1600.

    I am fully expecting the dealer to refuse to take the Fazer back. I suspect some form of legal fight will take place.

  3. #18
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    Default Re: Where do I stand legally on this?

    Is it worth preparing your revenge in advance, i.e. researching the small claims court*? And do you have anything in writing from the local dealership? If no, might be worth asking soon.

    * I know nothing about this, but if you do have to go to those lengths, check whether you can claim for time off work to attend, postage, other expenses (parking) etc.

  4. #19
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    Default Re: Where do I stand legally on this?

    Quote Originally Posted by Horse View Post
    Is it worth preparing your revenge in advance, i.e. researching the small claims court*? And do you have anything in writing from the local dealership? If no, might be worth asking soon.

    * I know nothing about this, but if you do have to go to those lengths, check whether you can claim for time off work to attend, postage, other expenses (parking) etc.
    I am thinking about that exact same thing. They will say no to the deal so I am trying to research where I go from there. I assume some form of complaints ombudsman then a solicitor?

    Question is, if I appoint a solicitor, I am clearly going to have to spend some wedge, if the dealer gives in after solicitor contact, I am obviously going to be out of pocket. The only way I can see it being worth it is if it goes to small claims court and I win and get the costs back. Gamble of course. I need to find out what steps are avialble to me inbetween them saying no to me getting a solicitor.

  5. #20
    Should Get Out More Julian_Boolean's Avatar
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    Default Re: Where do I stand legally on this?

    Why don't you wait and see what the dealer says before getting all legal eagle?

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    Default Re: Where do I stand legally on this?

    Quote Originally Posted by Julian_Boolean View Post
    Why don't you wait and see what the dealer says before getting all legal eagle?
    I will for sure, I wont do anything yet. I am just researching just in case, that way I will be prepared if that makes sense. If the dealer agree then result. I will see how they respond to the letter first.

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    Default Re: Where do I stand legally on this?

    All seems a bit drastic. I've only had 1 similar experience, but went swimmingly, they refunded me, ok so a couple of days longer than I wanted, but was ok in the end.

    Any reason you cannot hire a van and take it up?

  8. #23
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    Default Re: Where do I stand legally on this?

    Quote Originally Posted by Weeksy View Post
    All seems a bit drastic. I've only had 1 similar experience, but went swimmingly, they refunded me, ok so a couple of days longer than I wanted, but was ok in the end.

    Any reason you cannot hire a van and take it up?
    I would hire and van and take it up there if I needed to but in this case I dont think it is necessary. The fact that the bike arrived with non working ABS means it was supplied "defective and not as advertised". Therefore, they have to collect it for free. To date they havent argued about collecting it for free they have just messed me around with dates and times. Took a day off work yesterday and they said they would arrive to get it and didnt turn up. I called the dealer at 5pm and they said they had made a mistake and had told me the wrong date.

    They are now supposed to be collecting it on Tuesday between 11am and 1pm. Hopefully they will turn up this time. If it comes to it, I will just take it up there and hand it over. I dont really want to spend out money on a van and diesel if I dont have to, espcially considering that the bike arrived broken.

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    Default Re: Where do I stand legally on this?

    Quote Originally Posted by Tel 636 View Post
    I would hire and van and take it up there if I needed to but in this case I dont think it is necessary. The fact that the bike arrived with non working ABS means it was supplied "defective and not as advertised". Therefore, they have to collect it for free. To date they havent argued about collecting it for free they have just messed me around with dates and times. Took a day off work yesterday and they said they would arrive to get it and didnt turn up. I called the dealer at 5pm and they said they had made a mistake and had told me the wrong date.

    They are now supposed to be collecting it on Tuesday between 11am and 1pm. Hopefully they will turn up this time. If it comes to it, I will just take it up there and hand it over. I dont really want to spend out money on a van and diesel if I dont have to, espcially considering that the bike arrived broken.
    Why have you gone down the letter of legality route then ? All that's going to do is piss them off and make them less inclined to help ?

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    Default Re: Where do I stand legally on this?

    Quote Originally Posted by Weeksy View Post
    Why have you gone down the letter of legality route then ? All that's going to do is piss them off and make them less inclined to help ?
    Because, when I reported the problem to the dealer the day they dropped it off, they didnt believe me when I said the ABS was not working. They asked me to take it to Flitwick Yamaha 15 minutes from me to get a mechanic to confirm that it was not working. Fine, I did that. The mechanic tested it and confirmed that it was not working. He called Wigan Yamaha when I was with him and confirmed. He also said, why not let us fix it for him and the cost of repair is sorted between Flitwick and Wigan. Wigan said no.

    Wigan then said they will collect it and repair it. They gave me a date for collection, I took the time off, they didnt arrive. I called them up and they said they had made a mistake. In the meantime, I had a further conversation with Flitwick about the fact that not only is the ABS not working, the fault system telling you it is not working is also broken. I dont want to go any further here with that conversation but it means a big repair job. Over half the cost of the bikes worth. That makes me a bit uncomfortable.

    When I spoke to Wigan yesterday on the phone, I said that I wanted to reject the bike and cancel the sale. They advised that I couldnt and that I would have to have it repaired at least once first. This didnt seem right to me so thats when I started looking into my other options. Had they said sure, we will accept a return there would have been no issue.

    As they have refused to accept a return verbally on the phone, I have now written a letter. The letter is very friendly/amicable and does not threaten legal action or anything like that. It purely states what I believe my rights to be to return the bike and what the rights are. You also have to confirm that you want to reject the bike in writing and give the reason. If you do not do this then your right to take further action down the line is extremely limited.

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    Default Re: Where do I stand legally on this?

    Did you pay by credit card?

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    Default Re: Where do I stand legally on this?

    Quote Originally Posted by katana View Post
    Did you pay by credit card?
    I did indeed. I get your thinking but they also have my old bike which they agreed to give me 1600 for. I want to avoid it getting heavy if at all possible. That is why I asked on the phone if I could return the bike reject it. When the "no" came I then had to go to the next level.

    Hopefully, once they get my letter they will agree but who knows. Will have to wait and see. I have tried level 1 so its onto level 2 now.

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    Default Re: Where do I stand legally on this?

    Have a read through this thread https://www.therevcounter.co.uk/thre...urning+vehicle

    It sounds like you're getting the same kind of runaround that I did when I discovered major issues with a people carrier I bought. The difference is that you traded a bike, I paid cash... but it'll give you some help in how I approached and eventually resolved the problem. It wasn't entirely cost-free, as I had to get an engineer's report and returning the vehicle on a trailer prevented any kind of personal confrontation.

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    Default Re: Where do I stand legally on this?

    And very quickly... make sure you have a paper trail. If you send anything by post, make sure it's recorded delivery and KEEP COPIES with a date of when sent with the receipt of posting. Once things got nasty, I stayed off the phone as who said what by phone is impossible to prove.

  17. #30
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    Default Re: Where do I stand legally on this?

    Quote Originally Posted by The Spin Doctor View Post
    And very quickly... make sure you have a paper trail. If you send anything by post, make sure it's recorded delivery and KEEP COPIES with a date of when sent with the receipt of posting. Once things got nasty, I stayed off the phone as who said what by phone is impossible to prove.
    I have got it all printed and postage receipt in a folder at the mo. I would rather just have it returned and refunded but it maybe that I have to have it repaired. The legislation however seems clear that a refund is what should happen.

    Thank you for linking your post, it was useful to read.

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