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| jfzaki |
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jfzaki
L Plate Warrior
Joined: 26 Feb 2009
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 Posted: 01:12 - 26 Feb 2009  Post subject: complaint or legal action...after unhappy service |
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Hi all
I have an RS 125 which I took it to Avuss Glasgow because it had a starting problem and it needed MOT. I asked them to let me know any cost required before repair. They did that on each service or part they did up to the MOT point....
last week Avuss came to me and said bike has been serviced, MOT and ready for collection at a price of 283.xx quid which i agreed on previously. However, it needs a speedo drive and/or a speedo cable.
I asked how much. the man there said 50 quid for the parts (drive and cable) and 50 quid for the labour. I told him I'll think about it and come back to you. he said fine. I called him later on the day and said ok to the fitting.
I called earlier this morning and the same man spoke to me and said we received the parts and we started working on it.
later, a lady there... in my opinion very rude, came back to me and said the bike needs new forks and they cost 300 quid + labour!!!! bear in mind that the bike has just come out of the MOT where forks test is very strict!
I asked why? she said because the guy you bought the bike from has done something to the spindle or the speedo housing in the fork. and that needs replacing. I said no I don't want to replace it and if that is the case, put the bike all together again and I will use it without the speedo (have a NAV device so could use that). she said, that what the guy did caused irrecoverable damage and we can't put it together!!!! if you want to collect the bike, you will collect it in pieces. I said, if the previous owner tampered with the spindle or the housing or whatever, and it was irrecoverable, how could he fit it all again together and how was I able to ride it for a long time. now the conversation went into a different direction. .... she said LITERALLY your bike is a mess, you are trying to repair it for very little money.... 350 quid is little money!!! mind what she said and the attitude. I said you caused the damage, last week the bike was serviced, MOT, and ready for collection. this week the bike is not repairable unless I buy the fork + pay for the labour!!
I've taken this forward, I sent complaint first class special delivery to reach them Thursday by 1pm as well as registered a case with the government consumer direct, in which the adviser said, that I am protected under the services common law in Scotland as they should carry the service with reasonable skill and care....
what do you guys think? do I have a case? I'll do my best to sort the problem between us but if they force me, I'll take it even further with legal action and sue them for compensation, loss of earning, ...etc.
I hate companies that they try to squeeze money out of you by forcing you into situations without notifying you....
The phone call between the man and myself identifying the price of 100 quid is a binding contract. So they should have reported whatever is there before they attempt to force me to pay for whatever they have messed up basically... |
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| Itchy |
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Itchy
Super Spammer
Joined: 07 Apr 2005
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| Posted: 01:18 - 26 Feb 2009 Post subject: |
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So they damaged your bike in repairing it and want you to pay for it?,
Sounds like a scam , I have no words of advice though I'm afraid,
But in future take it elsewhere, places that have MOT facilities AND workshop facilities have a HUGE vested interest in failing a perfectly sound bike a few places in Manchester are reputed to do this and they won't actually do any work on the bike either.
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Spain 2008France 2007Big one 2009 We all die. The goal isn't to live forever, the goal is to create something that will. In the end, your life will flash before your eyes. Make sure it is worth watching. |
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| iooi |
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iooi
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Joined: 14 Jan 2007
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| Posted: 07:16 - 26 Feb 2009 Post subject: |
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| Quote: | I hate companies that they try to squeeze money out of you by forcing you into situations without notifying you....
The phone call between the man and myself identifying the price of 100 quid is a binding contract. So they should have reported whatever is there before they attempt to force me to pay for whatever they have messed up basically... |
But from the rest of your post they have contacted you about any work that needs doing.
In fact you even said THEY RANG you to advise of parts needed and the fitting price, so where is the lack of notification 
I don't see how they could forsee any issue with the forks till they have taken it all to bits.
You contracted them to fit the speedo bits which require the wheel to be removed from the forks, untill this is done and they can see inside, they have no idea what they will find....
If you are to take it forward you need to see exactly what the previous owner has done to the forks, or if its something they have done.
Remember if they bodge the bike back together and it falls apart who are you going to be running to, to sue...... And something like the front forks could leave you flying over the bars and in serious need of hospital attention.
Sounds like you have bought a bike that has not been matained to best level and the previous owner has made a mess of the bits he has attempted to fix.
Sounds to me like the dealer has done everything they should have done, shame about her attitude, but at the end of the day. If the parts were damaged before they took it apart and in their opinion it would be dangerous to put back together, there is nothing you can do, other than pay up and remove the bike.
You are going to have to pay for a independent person to come and look at the bike, write a report, to take it forward to court.
At the end of the day, its time you learnt how to do stuff yourself, as a speedo drive is a easy part to replace, that is unless the previous owner has made a real mess of the bits......
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Just because my bike was A DIVVY, does not mean i am...... |
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| jfzaki |
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jfzaki
L Plate Warrior
Joined: 26 Feb 2009
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| Posted: 09:33 - 26 Feb 2009 Post subject: |
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| iooi wrote: | | Quote: | I hate companies that they try to squeeze money out of you by forcing you into situations without notifying you....
The phone call between the man and myself identifying the price of 100 quid is a binding contract. So they should have reported whatever is there before they attempt to force me to pay for whatever they have messed up basically... |
But from the rest of your post they have contacted you about any work that needs doing.
In fact you even said THEY RANG you to advise of parts needed and the fitting price, so where is the lack of notification
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NO hang on, let me stop you there for a second.... they contacted me about the service UP TO the point of the MOT afterwhich the bike WAS READY FOR COLLECTION. from here subject to the consumer act 1982, they have to provide me with the bike in that condition....
afterwards when they said it needs a speedo drive and cable which will cost 100 quid. they didn't say it is an estimate of 100 quid depending on what problems they may face which can be 300 + labour... they haven't done that. I've not been informed that this may be the case.....they have come back to me forcing me to pay 300 + labour. The oral binding contract was between the man there and myself when he said 100 quid. he was very specific. he said 50 for the labour and 50 for the parts.
| Quote: |
I don't see how they could forsee any issue with the forks till they have taken it all to bits.
You contracted them to fit the speedo bits which require the wheel to be removed from the forks, untill this is done and they can see inside, they have no idea what they will find....
If you are to take it forward you need to see exactly what the previous owner has done to the forks, or if its something they have done.
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I'm sorry, there are few points here which I disagree with you. again subject to the consumer act 1982, they have to carry the service with reasonable skill and care....which they haven't done. simple as that...
There was nothing wrong with the forks. the MOT forks test is very strict and as you say later.... it might leave me flying to the hospital and that's why it's very strict. so bike wouldn't have passed the MOT if there was something wrong with the forks. if the forks needs replacing after that point, then to me, it is their fault.
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Remember if they bodge the bike back together and it falls apart who are you going to be running to, to sue...... And something like the front forks could leave you flying over the bars and in serious need of hospital attention.
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I will bring an independent engineer to look at the work they have done as I don't trust them anymore as well as I still have some legal action cards to use.... If they are smart they should avoid the bad publicity that is happening now as well as later....
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Sounds like you have bought a bike that has not been matained to best level and the previous owner has made a mess of the bits he has attempted to fix.
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no my next door bike shop said it is not the best of the bike but it's not bad either. he said it's in ok condition just needs some TLC.
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Sounds to me like the dealer has done everything they should have done, shame about her attitude, but at the end of the day. If the parts were damaged before they took it apart and in their opinion it would be dangerous to put back together, there is nothing you can do, other than pay up and remove the bike.
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I'm sorry i can't see they have done everything.... they need to replace the forks on their cost as they screwed it up....
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You are going to have to pay for a independent person to come and look at the bike, write a report, to take it forward to court.
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fine if that is the case, i'll do it that way and claim back all the expenses, loss of earning...etc from them when I when my case.
| Quote: |
At the end of the day, its time you learnt how to do stuff yourself, as a speedo drive is a easy part to replace, that is unless the previous owner has made a real mess of the bits...... |
it's really due to lack of space and time that I took it there.... |
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| jfzaki |
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jfzaki
L Plate Warrior
Joined: 26 Feb 2009
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| Acemastr |
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Acemastr
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| tafflade |
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tafflade
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| LustyLew |
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LustyLew
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| Posted: 10:15 - 26 Feb 2009 Post subject: |
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I don't seem to recall the speedo ever being tested on an MOT. In facy, I toor my ER5 in with slightly bent forks once. They werent leaking fluid or causing any other issues relating to criteria for the MOT.
If I asked a garage to replace a part and they come back to me saying that further cost is involved due to a defective part, then it's unfortunate. But unless you were there watching, you cant really accuse them of breaking anything.
As has already been said, with anything mechanical, some problems can remain hidden and only surface when doing something else.
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jfzaki
L Plate Warrior
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jfzaki
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tafflade
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| NSR Mick |
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NSR Mick
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jfzaki
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| Mr.Everready |
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Mr.Everready
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| Kickstart |
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Kickstart
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| Posted: 11:38 - 26 Feb 2009 Post subject: |
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Hi
Rather depends on what the damage is.
The MOT test for forks is not that strict, and I can easily think of one thing that would not be found on an MOT test but which would easily be regarded as dangerous.
If the damage was existing before the repairs then you don't have a leg to stand on really.
For example they could have found that the threads from the locating bolt on the bottom of the fork and into the damper rod had been stripped, with the bolt just being held in by the wheel spindle and effectively nothing holding that fork together.
While with many bike shops you are right to be suspicious, it does sound as though they have tried hard to keep you informed.
All the best
Keith
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| Kal |
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Kal
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| iooi |
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iooi
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Posted: 19:56 - 27 Feb 2009  Post subject: |
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| jfzaki wrote: | | gsxrmick wrote: | Have you inspected the damage? I would be straight down there and taking a look. |
I've sent them a formal letter, so don't want to back now and go there.. at least i've to wait till they either call me or reply then i can go there and see the damage. |
| Quote: | NO hang on, let me stop you there for a second.... they contacted me about the service UP TO the point of the MOT afterwhich the bike WAS READY FOR COLLECTION. from here subject to the consumer act 1982, they have to provide me with the bike in that condition....
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But by the fact you have agreed with them to do further work, that is now null and void.
I can see a nice storage bill building up here, most shops will charge if you don't come and pick up after 7 days.
As to the MOT and forks, i watched mine being tested and i know i have a slight weep. He bounced it up and down a couple of times and that was all. Mate held back wheel down and he spun the wheel.
That is all they do, other than a visual inspection that all the nuts are there and in place....
Something you have failed to state, was the speedo working when it went in for a service ???
That is going to make a big diffrence....
I guess they only noticed when they rode it to be tested.
As with any garage any quote for work is just a estimate when it comes to replacing parts, as they never know what could be wrong once they start taking it apart.
Like you take it in for new brake pads and they then find the seals and pistons are seized... Do you still expect them to replace the pads and fix the rest all for the same price...
They have quoted you £100 for the speedo fix, and contacted you to advise of the charge, but have now found that it would not be safe for them to fix without replacing other parts.
Again they have not simply ordered the bits and replaced them, they have contacted you to advise you of this.....
You could ask them to put it back as it was, then sign a disclaimer saying if anything happens it is not their fault, as they have done the work as you advised.
If they are a honest garage and doing that in their opinion is dangerous. Then you will have to take the bike away and sort it yourself.
Personally you have gone in all guns blazing and quoting all sorts of comsumer laws....
Just the right way to get a retailers back up and make them stand their ground.
They could simply say OK we will not charge you for the speedo bits, but bill you for work that you have agreed to, and say come and collect the bike as is.
Unless you can get a independent assesor to come and check the bike, say how the damage has been caused and he says it would be safe to put back together. Of course you will have to stand his fee for this.
Far better to have simply gone to the shop to look at the damage and come to a decision as to the way forward.
Good luck, you are going to need loads to get this resolved.
____________________
Just because my bike was A DIVVY, does not mean i am...... |
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| TW85 |
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TW85
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Old Thread Alert!
The last post was made 17 years, 34 days ago. Instead of replying here, would creating a new thread be more useful? |
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