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Refund on nearly new bike?

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Danny
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Joined: 26 Jan 2003
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PostPosted: 22:07 - 22 Jan 2007    Post subject: Refund on nearly new bike? Reply with quote

As some of you may know I've had a serious amount of problems with my 2006 BMW K1200R.
I bought it as an ex-demo bike in July '06, since then I've had to interrupt about 7-8 days of work in order to fix problems with this bike.
Problems include:
Number plate falling off on first day (was replaced "as a courtesy")
Gearbox failing and having to be replaced
BMW taking 2 days to sort out a puncture
Ignition key turning itself off (nearly causing serious/fatal crash) x2
Customer service that has included be called a liar by one of their technicians x2
.....and those were just the highlights!

I am looking to get a refund or some sort of compensation for all the time off work and stress this bike has caused me.
Any ideas, tips and/or suggestions?

NB. If I get no where with BMW I'm going to look seriously at trading in the K1200R for a 2006 Speed Triple.

Thanks in advance,
One fed up Danny! Brick Wall
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wilbur
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PostPosted: 22:20 - 22 Jan 2007    Post subject: Reply with quote

Yep take it back, sat "its not fit for the purpose for which it was sold"

Get your cash back.
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Ariel Badger
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PostPosted: 22:23 - 22 Jan 2007    Post subject: Reply with quote

I think you will be needing a lawer on this one, phone around for one that will give a free consultation.
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hmmmnz
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PostPosted: 22:27 - 22 Jan 2007    Post subject: Reply with quote

funnily enough this isnt the first time ive heard of this a friend work mate had his one off the road for a total of 12 weeks out of 14 before everything was finally sorted and bmw gave him free hard panniers,
he swears he'll never buy a beemer again, reliable my eye,
trade it in for a 20 year old model and you'll get a million miles on it, technology aye Mr. Green Thumbs Up
good luck mate
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Danny
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PostPosted: 22:36 - 22 Jan 2007    Post subject: Reply with quote

hmmmnz, your absolutely right.
My 1996 K75RT which was designed in the late 70's is very reliable.
I've had it a year and it's only broken down once due to an engine bolt coming loose.
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Kara
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PostPosted: 22:40 - 22 Jan 2007    Post subject: Reply with quote

I was sold an RVF that turned out to be majorly "broken" (read: disguised hole in petrol tank, no promised MOT, would not accelerate over 90 and i bought it for track use, oil leak.) I took it back under warrenty, gave them a reasonable time limit to fix it (a month), got it in writing that they would fix it to a reasonable standard for the year i.e it was sold as mechanically sound otherwise they would refund the full value back plus a surcharge.

They couldn't fix it, I got my money back. It took me and other people ringing up everyday and moaning in the actual shop on busy days for them to admit it's not fit for purpose. You need to give them a reasonable oppotunity to fix the bike but if they don't, it aint fit for purpose and you are entitled to a refund.

By the way it was Taz motorcycles in Peterborough. To their credit they did refund me eventually. . .
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Rob
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PostPosted: 22:44 - 22 Jan 2007    Post subject: Re: Refund on nearly new bike? Reply with quote

Danny wrote:
I'm going to look seriously at trading in the K1200R for a 2006 Speed Triple.


Just do it anyway, the Triple is much more fun! Wink Laughing
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Finglonga
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PostPosted: 22:53 - 22 Jan 2007    Post subject: Reply with quote

The puncture wont have any relavance to it as the bike was not at fault. But the other things will help your case. I don't think it will be a smooth road geting a refund though. Confused
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MarJay
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PostPosted: 22:53 - 22 Jan 2007    Post subject: Re: Refund on nearly new bike? Reply with quote

Danny wrote:
NB. If I get no where with BMW I'm going to look seriously at trading in the K1200R for a 2006 Speed Triple.


You know it makes sense! B)
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Danny
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PostPosted: 10:00 - 23 Jan 2007    Post subject: Reply with quote

Finglonga, I know the puncture wasn't BMW's fault.
But taking 2 whole days to fit a new tyre is far too long.

Rob and Marjay, a Speed Triple is tempting, but it doesn't have ABS, is 30bhp down on power and it's chain drive.
But as I say, if these problems persist, then a Speed Triple it is!
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SoulRider
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PostPosted: 10:07 - 23 Jan 2007    Post subject: Reply with quote

Theres brand new ones going for a fantastic price and dont even require a trade in, sign just says at a beach near you!

Cool
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Danny
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PostPosted: 10:11 - 23 Jan 2007    Post subject: Reply with quote

Laughing I saw that in the newspaper.
I'm a bit annoyed that the BMW's they pulled out of a sea still work but not mine that was serviced only a few weeks ago! Brick Wall
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SoulRider
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PostPosted: 10:34 - 23 Jan 2007    Post subject: Reply with quote

im anoyed i didnt know about it sooner and picked myself up a new bike.

Would have been nice, a new BMW Smile supposedly they found cars as well.
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MarJay
But it's British!



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PostPosted: 11:21 - 23 Jan 2007    Post subject: Reply with quote

Danny wrote:
Finglonga, I know the puncture wasn't BMW's fault.
But taking 2 whole days to fit a new tyre is far too long.

Rob and Marjay, a Speed Triple is tempting, but it doesn't have ABS, is 30bhp down on power and it's chain drive.
But as I say, if these problems persist, then a Speed Triple it is!


ABS and shaft drive are both Poo. Smile
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Remember kids, bikes aren't like lego. You can't easily take a part from one bike and then fit it to another.
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Finglonga
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PostPosted: 11:42 - 23 Jan 2007    Post subject: Reply with quote

Danny wrote:
Finglonga, I know the puncture wasn't BMW's fault.
But taking 2 whole days to fit a new tyre is far too long.



I know the puncture wasn't but if you give that as an example your giving them the chance to throw it back in your face. As with them taking 2 days to repair it..again not the bikes fault its the dealers fault for not pulling their fingers out and looking after one of their customers. A job like that is 30mins maximum, they were just draging their heels. Thumbs Down


MarJay wrote:


ABS and shaft drive are both Poo. Smile



....he says scrabbling on the floor adjusting and oiling his inferior chain. Mr. Green ...Can't argue about the ABS as I always turn mine off before I start out unless its icy or pissing down. Wink
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MarJay
But it's British!



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PostPosted: 11:49 - 23 Jan 2007    Post subject: Reply with quote

Finglonga wrote:



....he says scrabbling on the floor adjusting and oiling his inferior chain.



Razz Laughing Mr. Green Or not adjusting or lubing my superior belt drive, whilst not wallowing in the torque steer or high unsprung weight, or indeed the complexity of a shaft drive bike.

Lets face it, there are better options out there! Smile
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Rob
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PostPosted: 11:51 - 23 Jan 2007    Post subject: Reply with quote

Danny wrote:
, but it doesn't have ABS, is 30bhp down on power and it's chain drive.
But as I say, if these problems persist, then a Speed Triple it is!


ABS, pah! You really don't need it! It's just something else to go wrong!

30bhp down. Yes that's true and it's what tempted me to look at a K1200R, but believe me, unless you are doing 160mph all the time it doesn't matter.. and the Triple is a much more 'fun' bike to ride. The handling makes you grin all the time.. ok, so past 80mph all the sports bikes can overtake you but up to that point you leave them standing!

Chain Drive: Hmm, another one that was temping me on the BMW but there you go, you can't have everything!

Did I mention how much fun it was to ride? It doesn't matter how much welly you give the BMW, cos of its crazy long wheelbase it hardly lifts (some people might think thats a good thing!!) Imagine almost the same power in something with a MUCH shorter wheelbase.... GRINS all the way....! Wink
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BFG
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PostPosted: 13:44 - 23 Jan 2007    Post subject: Reply with quote

Re refund - Have a look at this page.
https://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0003-1011.txt

See the "Action" bit. Ignore the fact that it says "car" the rules are still the same.

Quote:
You should bear in mind that the law only allows consumers a short time to reject goods before, in the legal sense, they have ‘accepted’ them. This means that you have had the goods long enough to establish that they are satisfactory or that you have told the trader that you have accepted them. Only a court would be able to make a decision on this point but would take all relevant factors into account.



It might help to give you more time if you send a letter to them asap (today) by recorded delivery saying the you have not accepted the goods and will write further with details.

I say this because it's all too easy for time to slip by.
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Danny
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PostPosted: 19:36 - 25 Jan 2007    Post subject: Reply with quote

Thanks for all the advise guys. Thumbs Up

My case is just getting better by the day.
I got a call from BMW earlier to tell me that the ABS/Servo control unit had to be replaced.
I'd hazard a guess that they've spent £2000-3000 so far fixing it on warranty.
At this rate BMW will have spent more on parts, labour and loan bikes than I paid for the bike. Laughing
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JonB
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PostPosted: 19:40 - 25 Jan 2007    Post subject: Reply with quote

Don't know if it's really related but this is a reason why I wouldn't buy an ex demo bike out of principle. Been far too thrashed and n00bfied by test rides etc.
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Danny
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PostPosted: 20:08 - 25 Jan 2007    Post subject: Reply with quote

I think the gearbox failure could be attributed to it being an ex demo bike, but it's unlikely to be the root cause of all the problems imo.
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Johnny GSX-R
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PostPosted: 20:16 - 25 Jan 2007    Post subject: Reply with quote

I've been battling with 'FORD' since June to get a refund on my £12500 Mondeo which was banned off the road by VOSA due to smoke emissions.
The car had done little over 7K when it started smoking and the dealers tried 5 times to rectify the fault and failed. I rejected the car with an official letter which you can download on Trading Standards website.
I have a full legal team and a Barrister on the case and court papers have been served. FORD are intending fighting it out in court.
So far the legal bill for my side has exceeded £7000 since June Shocked .

Its now a matter of principal not just to recover money, its about dealerships thinking they are untouchable. Thumbs Down
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Danny
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PostPosted: 21:04 - 25 Jan 2007    Post subject: Reply with quote

Ouch, that's a nasty legal bill.

Good luck with your case. Thumbs Up
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mark83
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PostPosted: 10:29 - 26 Jan 2007    Post subject: Reply with quote

Danny wrote:

Rob and Marjay, a Speed Triple is tempting, but it doesn't have ABS, is 30bhp down on power and it's chain drive.


What about a Yamaha FJR1300 then? Sounds more suited to your needs.

Just thought I'd float the idea, although I suspect the Speed Triple and such bikes (e.g. Aprilia Tuono R) are gonna be more fun.

I would test all 3 out!
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Danny
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PostPosted: 17:13 - 26 Jan 2007    Post subject: Reply with quote

Thanks for the suggestion, it meets all my criteria except that it's fully faired.
I want something unfaired so that it's uncomfortable to sit above 100mph; this is an effort to keep my license safe from the Police
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