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I've been stiffed on this KTM

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Jayy
Mr. Ponzi



Joined: 08 Jun 2009
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PostPosted: 02:20 - 05 Jun 2010    Post subject: I've been stiffed on this KTM Reply with quote

Basically, I bought a KTM from a dealer in Newcastle, having never seen or ridden it (I know but I had limited time to sort it out as mine had been sold).

Anyway, I took delivery of it yesterday, Friday @ about 2pm. The link pipes were badly corroded and full of shit. The bit where it comes off the link pipes and connects to the exhaust, Y piece?, there's a hole in either side just as it connects to the exhausts from where it's rusted so much.

The bike was advertised as: "KTM 640 Duke, 8,300 miles, FSH, Alarm, All usual dealer facilities.

When I spoke to the dealer and asked what were the bad points, he said, "It's seen a few winters but other than that, it's a clean bike, the paint work is spot on and it runs fine".

I sent an email before buying it and asked him to confirm exactly what it would come with, he said, the service book, with the FSH, all the manuals, they would MOT it, service it and tax it for 6 months.

So, all sounding good, I paid for the bike over the phone, £2700 to be precise and he said it would be delivered Friday.

So the bike arrived yesterday and when it was pulled out the van I thought, "Them link pipes look allot worse than on the photos". I then thought, "Well, I do want one of these, so if needed, I could always get a brand new link pipe online somewhere to tart it up a bit.

So I decided to take it for a test ride, just around where I live which was a 2 mile ride and back to the house. Whilst coming back through the village, it cut out a few times in 1st gear. I just thought this was down to me not being used to riding it and I must of stalled it some how. I then went into town on it and thought I would take it to the guy who's done most the work on all our bikes over the years. His place was shut as he was at the TT and just as I was at the lights, it cut out again. This time, I couldn't get it started, so I pushed it off the road outside his shop and it still wouldn't start.

After ringing them up and explaining, they said they were stumped, they said it had been on a, "5 mile test ride" and it was working fine when they had it. I said I would ring them back...

Just next door is a scooter shop who do general MOTs an stuff, so I asked the bloke there and he had a little look and said it sounds like the battery or start motor. Wipped the seat off and tested the battery with a volt meter and it was showing 10v, he said it should of been 14? Rang the dealer back and they said it was a brand new battery.

At this point I was getting pissed off, I rang TUG off here and he said bring it down to his place (Wigan Yam). I thought, fuck this, it's at least a mile an a bit and it was so hot. Got pushing and saw a garage, they jump started it and I flew down the road.

TUG tested it and it was fucked. He put a new battery in and it started straight away. He also said it didn't look new either. Then, he spots some kind of coolant leaking and something else leaking, petrol or something. He also spots the holes in the Y piece pipe which I was talking about before. When testing the new battery, it wasn't charging so it also mean't the rec/reg was fucked as well or alternator? (I'm shit with mechanics). He spoke to the dealer on the phone and said he recommended they take the bike back and repair it.

After getting home and checking the little pack of documents the dealer sent me, I found some worrying things...

No MOT which they had said they would do.
A notice on the dealers own sales order form saying something about the clocks weren't showing true mileage. It was recorded on the sheet as 8,097 miles. On the pictures from the auto trader listing it showed 8,300 miles. When I got the bike, it showed 8,422 miles. So none of that adds up.

He had also mentioned the FSH with the bike. Upon opening the service book, there's only 3 services stamped, one from 2005, one from 2007 and the one they did on 29th May 2010. Is that what they call a FSH? A 2004 plate bike with 3 services in 6 years?

There's about 4 receipts for work done from other places from when the first guy had it back in 2004 - 2006.

The over all state of the bike is very poor.

Just to add, they charged me £120 for delivery via courrier. So the total paid was £2,815 in via debit card.

I'm not happy at all and I want my money back basically, although they don't know that yet. I will be phoning them tomorrow but it makes me wonder, if they sold a bike in that state to someone in the first place, are they the kind of people who will be arses when I ask for my money back? We'll find out tomorrow...

Because I never physically saw the bike until it was delivered to me, I'm covered by the distance selling regulations and the sale of goods act as anyone is. The DSR act allows you to have a full refund as long as it's within 7 days, that doesn't include weekends or bank holidays. So I've got 7 days to ask for a full refund, including the delivery cost which they have to do under this DSR.

Also, coupled with the fact that they blatantly mis-advertised the bike by not mentioning any of these flaws to me, they wouldn't have a leg to stand on in court. I don't want it to goto court as it could take months and months and what do I do in the mean time?

So, in total, plus the new battery, this bike has cost £2,842. I really can't believe how un-professional they've been by even contemplating selling a bike in that condition.

I've got a funny feeling when I ring them up tomorrow, it's not going to go very well.

To make things worse, I've just seen the same model bike, 30 miles away and it looks absolutely spanking, for a little bit more at £2,999. If I got my money back, I would go and look at that and make my mind up.

That's the first time I've bought a bike without seeing it and also the last.

Bit of an essay there but I'm pissed off!
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 02:54 - 05 Jun 2010    Post subject: Re: I've been stiffed on this KTM Reply with quote

Recoil Jay wrote:
I don't want it to goto court as it could take months and months and what do I do in the mean time?

Trading Standards, Consumer Direct, or Citizens Advice should be able to explain in detail what you need to do.

In short, you need to be able to show that you've tried to settle the dispute before involving the courts. Assuming asking them nicely doesn't get you anywhere then you need to send them letter(s) by recorded delivery so that you'll be able to show those to the court.

Speaking to Consumer Direct or Trading Standards is your best bet for help with what you need to say in your letters. Thumbs Up
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Ditto
Nearly there...



Joined: 26 Sep 2009
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PostPosted: 03:11 - 05 Jun 2010    Post subject: Reply with quote

Unlucky mate, hope you get it all sorted Thumbs Up This is why I would never buy without seeing it. Even putting down a deposit and then going to view is better than nothing.

Also...name and shame Twisted Evil
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Codemonkey
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Joined: 18 Oct 2009
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PostPosted: 08:09 - 05 Jun 2010    Post subject: Reply with quote

I'd reject it under the distance selling regulations. You have up to 7 days to do this.

https://www.oft.gov.uk/about-the-oft/legal-powers/legal/distance-selling-regulations/
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unspec
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Joined: 22 Mar 2008
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PostPosted: 08:25 - 05 Jun 2010    Post subject: Reply with quote

Codemonkey wrote:
I'd reject it under the distance selling regulations. You have up to 7 days to do this.

https://www.oft.gov.uk/about-the-oft/legal-powers/legal/distance-selling-regulations/


Good call. Bike was bought over the phone so the distance selling regs should apply.
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neatbik
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Joined: 27 Jun 2007
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PostPosted: 08:39 - 05 Jun 2010    Post subject: Reply with quote

Bad luck mate, its never nice to be ripped off.

Ring 'em up and tell them you want your money back, and also tell them you want the delivery charge reimbursed too.

And yes - name and shame, but maybe only after the issue gets resolved - you dont want them on here arguing the toss.
Its happened before and all it will do is aggravate the situation.
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Whosthedaddy
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PostPosted: 08:42 - 05 Jun 2010    Post subject: Reply with quote

I would point and laugh at you but this is the sort of thing that happens to me!

Stick the bike to one side so nothing else happens to it.

Print off autotrader ad.

Take photos of opposing facts.

Make a journal of things that have happened in a time frame including who was spoken to and what was said.
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G
The Voice of Reason



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PostPosted: 08:56 - 05 Jun 2010    Post subject: Reply with quote

Also rather far for you, but this popped up on another BCF page and I thought of you: https://cgi.ebay.co.uk/KTM-DUKE-2-II-2003-URGENT-/300433462587?cmd=ViewItem&pt=UK_Motorcycles&hash=item45f33ad53b

That's one I definitely WOULD go to see, but may actually just be an ok deal.

However unfortunately I suspect it does sound like the dealer's dodgy - if you're lucky their manager won't want trouble.
I wouldn't mention it right now, but I'd be tempted to see MCN, bike etc want to get involved - though not sure they're the quickest at such things.
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JP7
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PostPosted: 08:56 - 05 Jun 2010    Post subject: Re: I've been stiffed on this KTM Reply with quote

Recoil Jay wrote:

That's the first time I've bought a bike without seeing it and also the last.


Actually, you've done a much wiser thing than you thought you had. In buying and paying in full over the phone without seeing the bike first, you've concluded a contract without seeing the goods and it falls under Distance Selling regulations, like others have said. You have a number of extra rights which you wouldn't have had if you'd bought it in person.

The link posted already doesn't apply to cars and other vehicles, which are treated slightly differently. This is the link that will help: https://www.oft.gov.uk/news-and-updates/press/2005/103-05

You basically have 7 working days to cancel, and the dealer is legally obliged to take the bike back and give you a full refund. If the dealer has failed to comply with Regulation 8 of the DSR (Distance Selling Regulations) then you have 3 months + 7 working days. Regulation 8 basically says that the dealer has to give you extra information (outlined in page 14 of the guidance document in the link.)

It's all a little bit complicated but I'm guessing the dealer won't have complied with most of their responsibilities, seeing as they couldn't even describe the bike correctly. You've got every right to throw the bike back at them and get your money back.

Hope that helps!
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Paxovasa
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PostPosted: 09:01 - 05 Jun 2010    Post subject: Reply with quote

Newcastle KTM dealer....Mmmm I think i know who it may be. Wink

I would never buy a bike without viewing it.

In future get a train or coach to the place where the bike is. If it is as they advertise and is the bike for you, then ride it back. Or get someone who lives close to check the bike out for you before buying it.

You are entitled to get your money back, but I'm not sure you will get the money back for the delivery charge.
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Faldo
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PostPosted: 10:20 - 05 Jun 2010    Post subject: Re: I've been stiffed on this KTM Reply with quote

JP7 wrote:
Recoil Jay wrote:

That's the first time I've bought a bike without seeing it and also the last.


Actually, you've done a much wiser thing than you thought you had. In buying and paying in full over the phone without seeing the bike first, you've concluded a contract without seeing the goods and it falls under Distance Selling regulations, like others have said. You have a number of extra rights which you wouldn't have had if you'd bought it in person.

The link posted already doesn't apply to cars and other vehicles, which are treated slightly differently. This is the link that will help: https://www.oft.gov.uk/news-and-updates/press/2005/103-05

You basically have 7 working days to cancel, and the dealer is legally obliged to take the bike back and give you a full refund. If the dealer has failed to comply with Regulation 8 of the DSR (Distance Selling Regulations) then you have 3 months + 7 working days. Regulation 8 basically says that the dealer has to give you extra information (outlined in page 14 of the guidance document in the link.)

It's all a little bit complicated but I'm guessing the dealer won't have complied with most of their responsibilities, seeing as they couldn't even describe the bike correctly. You've got every right to throw the bike back at them and get your money back.

Hope that helps!


Take note of this, good advice and a Get Out Of Jail Free Card. If I were you I'd contact Trading Standards and make them aware of the situation ASAP. They will tell you to get a letter of cancellation to them within 7 days. Send it recorded or special delivery if you can. If you are disappointed already with the bike it can only get worse.

Good luck.
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Jayy
Mr. Ponzi



Joined: 08 Jun 2009
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PostPosted: 12:20 - 05 Jun 2010    Post subject: Reply with quote

Thanks for the replies, I did mention the distance selling regulation in my original post, I knew I was covered by this before I bought the bike as I checked it out with trading standards before making the payment.

I'm going to call them now, i'll post what they said, I'll also post the pictures from the auto trader ad and take some photos myself so you can see the comparisons.
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colin1
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PostPosted: 12:24 - 05 Jun 2010    Post subject: Reply with quote

This kind of thing is why I would never buy from a dealer.

I'm pretty sure the average dealer is more likely to rip you off than the average bloke selling his bike.
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Jayy
Mr. Ponzi



Joined: 08 Jun 2009
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PostPosted: 12:28 - 05 Jun 2010    Post subject: Reply with quote

Just spoke to them, mentioned all the problems, they said it was going to be getting picked up today by their courrier and taken back so they can look at the problems.

I haven't said I want my money back yet, I will say that when they have the bike otherwise they might try and be funny and not pick the bike up. If they already have it, it will make the situation easier to defuse as they use a 3rd party courrier and have to pay for collection/delivery.
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Faldo
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PostPosted: 12:39 - 05 Jun 2010    Post subject: Reply with quote

Recoil Jay wrote:
Just spoke to them, mentioned all the problems, they said it was going to be getting picked up today by their courrier and taken back so they can look at the problems.

I haven't said I want my money back yet, I will say that when they have the bike otherwise they might try and be funny and not pick the bike up. If they already have it, it will make the situation easier to defuse as they use a 3rd party courrier and have to pay for collection/delivery.


I'd still notify Trading Standards if I were you and see where you stand if they re-deliver the bike and you're still not happy as you will of forfeited the 7 day cancellation notice period by then.
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Blackwolf
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PostPosted: 13:48 - 05 Jun 2010    Post subject: Reply with quote

If I where you id just get my money back. Sod spending money there.

If they happily sold it to you in that state whos to say thier mechanicas are any better when they "fix" it?
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chillyman0
Nearly there...



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PostPosted: 13:58 - 05 Jun 2010    Post subject: Reply with quote

dont get done, get DOM

Mr. Green

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Blackwolf
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PostPosted: 14:05 - 05 Jun 2010    Post subject: Reply with quote

chillyman0 wrote:
dont get done, get DOM

Mr. Green

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Eh?

Shouldn't you be working? Razz
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chillyman0
Nearly there...



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PostPosted: 14:10 - 05 Jun 2010    Post subject: Reply with quote

lol yes i am working. I get paid to peruse the internet and pour a few drinks when im shouted at Razz
win!
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salty21
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PostPosted: 14:18 - 05 Jun 2010    Post subject: Reply with quote

dom from the telly, like a little pit bull he is Laughing
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chillyman0
Nearly there...



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PostPosted: 14:26 - 05 Jun 2010    Post subject: Reply with quote

everyone should keep a dom in their wallets Razz
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MaybeGuy
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PostPosted: 14:40 - 05 Jun 2010    Post subject: Reply with quote

you do realise you can pick up a decent duke 2 for about 1500 right?
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colin1
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PostPosted: 15:31 - 05 Jun 2010    Post subject: Reply with quote

I think people like buying from a dealer because of the "piece of mind" when actually buying from a dealer should make you concerned at what they have decided to palm you off with.

Paying extra for "Piece of mind" hurts twice. Once when you pay the extra up front, and the second time when you have to put right what you thought they would have.
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Carl_steveo
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PostPosted: 15:53 - 05 Jun 2010    Post subject: Reply with quote

Thats not good mate, you should have asked I would have gone and looked at it for you. I'm not particularly mechanically minded but I could have noticed if it seemed a bit dodgy.
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Hazylogic
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PostPosted: 16:05 - 05 Jun 2010    Post subject: Reply with quote

I'd personally want my money back if that happened to me. If they are going to treat you like shit then fuck em - go somewhere else.
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