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Thread: Where do I stand legally on this?

  1. #31
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    Default Re: Where do I stand legally on this?


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    Quote Originally Posted by Tel 636 View Post
    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.
    As I understand it you're not obliged to allow them to repair it. I believe if you have sufficient grounds to doubt that a satisfactory repair can be made - and that could be an issue with something as important as ABS if they say "it just need cleaning up" or "we'll source a recond'd unit - you can reject their offer.

  2. #32
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    Default Re: Where do I stand legally on this?

    Quote Originally Posted by Tel 636 View Post
    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.
    That's wrong. Under the legislation it is your choice whether to return the goods or have them repaired. If the goods are faulty, you can either reject them under S20, (as mentioned earlier), or ask to have them repaired under S23.

    If the dealer continues to insist on repairing the bike, ask them which part of the Consumer Rights Act 2015 they are relying on.

    And don't forget, if you bought the bike without seeing it in the flesh or visiting the dealer's premises, then you may also be able to just cancel the contract without having to give a reason under S29 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If you intend to do that, ensure you put your intentions in writing within 14 days of 24th September.

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  4. #33
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    Default Re: Where do I stand legally on this?

    Same info here:

    https://www.google.com/amp/s/www.mon...h-your-car/amp

    They've already done things for you to doubt them, so I don't blame you for being wary of letting them have it back - they then have your money and both bikes . . .

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  6. #34
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    Default Re: Where do I stand legally on this?

    Quote Originally Posted by Luddite View Post
    That's wrong. Under the legislation it is your choice whether to return the goods or have them repaired. If the goods are faulty, you can either reject them under S20, (as mentioned earlier), or ask to have them repaired under S23.

    If the dealer continues to insist on repairing the bike, ask them which part of the Consumer Rights Act 2015 they are relying on.

    And don't forget, if you bought the bike without seeing it in the flesh or visiting the dealer's premises, then you may also be able to just cancel the contract without having to give a reason under S29 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If you intend to do that, ensure you put your intentions in writing within 14 days of 24th September.
    Cheers.

    The letter has gone arriving tomorrow special delivery advising that I am rejecting the bike and the reason.

    Thank you so much for listing the legislation and sections etc. It was brilliant for me and it helped me write the letter.

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    Default Re: Where do I stand legally on this?

    Little bit of an update. The fazer is being collected tomorrow between 11 and 1. My versys is at the shop still. The boss is not back until Thursday, apparently he is the only one who can authorise the return of my versys and the refunds.

    He has been on holiday with Thomas Cook so he is going to be in a great mood!!!

    Anyway the dealer were very nice and polite on the phone so fingers crossed.

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  9. #36
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    Default Re: Where do I stand legally on this?

    So update;

    My old bike has been returned to me and the Fazer has been taken away. I have also been refunded the money I Paid for the Fazer. It took a little bit of persuading which was frustrating. However, it is sorted.

    Thank you very much to everyone who assisted and provided advice. It was a great help.

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    Default Re: Where do I stand legally on this?

    Quote Originally Posted by Tel 636 View Post
    So update;

    My old bike has been returned to me and the Fazer has been taken away. I have also been refunded the money I Paid for the Fazer. It took a little bit of persuading which was frustrating. However, it is sorted.

    Thank you very much to everyone who assisted and provided advice. It was a great help.
    Good one. Happy days then

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  13. #38
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    Default Re: Where do I stand legally on this?

    Good result, glad it worked out. Better luck with the next one!

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    Default Re: Where do I stand legally on this?

    Time to go bike shopping again then - you could do a lot worse than talking to Flitwick (assuming it's still owned by the Lindsells)

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    Default Re: Where do I stand legally on this?

    Quote Originally Posted by J[I
    [/I]ulian_Boolean;2958091]Time to go bike shopping again then - you could do a lot worse than talking to Flitwick (assuming it's still owned by the Lindsells)
    Funnily enough, I went into Flitwick yesterday. My versys was dropped off and I wanted to go for a ride. I have fancied an MT07 Tracer since they came out. They did not have a demonstrator so I had a go on an MT07 instead. I was very impressed with it. I found it rather on the small side compared to the versys but the engine is great. Where as the versys is all midrange the MT just had power from the off and just kept revving. Really buzzy little engine.

    I was out for about 45 minutes and had a blat around my local roads. Comapred to the Versys the suspension felt fine, except for when you are pushing on a bit it gets a bit unhappy when its bumpy. The versys is really soft so it springs about which I quite like and have got used to.

    Not ridden anything with a full digital dash before, mpg, gear indicator etc. Love it.

    I cannot afford a new Tracer so it will have to be a second hand one. Hopefully I will be financially ready come spring.

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  17. #41
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    Default Re: Where do I stand legally on this?

    Quote Originally Posted by Tel 636 View Post
    Funnily enough, I went into Flitwick yesterday. My versys was dropped off and I wanted to go for a ride. I have fancied an MT07 Tracer since they came out. They did not have a demonstrator so I had a go on an MT07 instead. I was very impressed with it. I found it rather on the small side compared to the versys but the engine is great. Where as the versys is all midrange the MT just had power from the off and just kept revving. Really buzzy little engine.

    I was out for about 45 minutes and had a blat around my local roads. Comapred to the Versys the suspension felt fine, except for when you are pushing on a bit it gets a bit unhappy when its bumpy. The versys is really soft so it springs about which I quite like and have got used to.
    I had a spin on an MT-07 a few years back and quite enjoyed it but did find it a bit 'front-endy'... I felt it would have been better balanced with the rider a bit further back.


    Not ridden anything with a full digital dash before, mpg, gear indicator etc. Love it.
    That was the bit I didn't like. I couldn't read it! Everything was far too small.

    I cannot afford a new Tracer so it will have to be a second hand one. Hopefully I will be financially ready come spring.
    Good luck with that, and pleased to hear the situation was resolved without too much difficulty.

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