AK Motorcycles / STM Motorcycles - Issues!

[tastyweat]

At this point I would like to remove my comments.

When I went to collect the bike the other day, I met Andy, we had a good discussion and have come to an agreement that we're both happy with.

He's a good a reasonable guy, even after this I would now consider dealing with him again.

The majority of the bad blood between us stemmed from the first contact, Andy was on holiday and returned to my first, rather abrupt email.

[Skudd]

You bite your nails too much.
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Famous last words of Humpty Dumpty. " Stop pushing me "
Petty Anarchists look at "1984".............. The Visionary looks at "Animal Farm".

[Jayy]

I had similar problems with the first KTM I bought but slightly different.

Did you buy this online and have it delivered? As in, you hadn't seen the bike before, except for pictures/description online?

If so, you're also covered under the distance selling act but you've already made a fatal mistake. I made sure that the DSA covered me but didn't mention it at all, I almost did as many people on here said to mention it and I'm glad I didn't because that guy has already confirmed what will happen if you do issue legal proceedings... it will take forever!

[waffles]

Don't trust a company you who fail to use capital letters and full stops?

Did you see the bike before you bought it? Im sure there is something about distance selling that means you can reject it and get a full refund. If not, small claims maybe? For selling you a bike that is not roadworthy.
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Theory test - 19/8/09, CBT - 11/10/09, MOD 1 - 16/8/10, MOD 2 - 27/10/10
Past rides Yamaha XT125X, Triumph TT600, Honda XR250
Current rides Suzuki GSXR 600, Honda MSX125

[That_Hornet]

Get it checked by a qualified MOT tester. And get a report stating:

1. If its road worthy
2. If it could pass the mot
3. His overall opinion on the bike, if its in a state worthy to sell etc.

Then contact the place attaching the report, stating that you are planning on reporting them for selling a item not that is not fit for purpose and passing the mot on an un-roadworthy bike (if they did the mot) At the best you could get their mot station looked over by the VOSA* people, and if brought through ebay contact them stating what you have, and open a dispute.



* Not sure if they are the correct people who do MOT.

[rac3r]

AK are crap. I was warned against them on 125cc sportsbikes a while back, the only good thing they've done is buy my cruddy condition RS125 for 1k
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Bikes : 2006 CBR125R - 2004 Monster 620ie - 2004 ZX-6R B1H - 2005 Monster S2R 800 - 2011 Street Triple - 2009 Streetfighter 1098 - 2014 ZX-6R 636

[tastyweat]

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[ms51ves3]

[Villers]

It reads like youve been had, being cross sold a bike you thought had 12k on it that actully had 20k on it sounds terrible! The email from the garage sounds very wishy washy and badly written, an example is using 'no' instead of 'know'. Your answer should be a well written version of 'fuck off' as they have sold you a complete dog and are now punting at you until you roll over and go away.

Has anyone else suffered at the hands if these idiots? Can we get a DK style thread going?
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RS125 > CBR6 > SV650S > ZX636R > GSX1300RZ Hayabusa > 06 RSVR Mille > SV1000S > Street Triple 765 RS

[tastyweat]

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[The View Askew]

Yes, you must remove the last part.
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"Do what you always did, get what you always got"

[Bloke]

If this is something that could end up in a small claims court, I'd also remove the words quick look over" and replace with "upon further examination by a mechanic", don't mention needing to pay him either, its pointless information that gives them reason to doubt the validity of your information.

I'd also remove the compression issue unless you are 100% sure its there. Don't give them anything they can dispute in court.

I would also consult with your local citizens advice bureau before sending this response as they will give you the right plan of action for next steps.

Regardless of the outcome, there may well be a criminal case here selling you a dangerous vehicle that was previously written off, (your life was at risk as well as other road users) place a complaint to the office of fair trading, vosa, any main dealers they do business with, and consider popping into your local police station to notify them that the dealership is doing this.
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2008 VFR800 VTEC

[waffles]

The last two sentences come across as threatening, they won't react well to being told what they will do. If you are happy for them to repair the bike and sell it to someone else, why wouldn't you be happy to have it back once all the issues are resolved? You need to make it clear that you are done with it and want your money back, don't give them the chance to offer it back to you.

I would remove words like 'knackered' too, gain the upper hand by sounding polite yet professional.

Is a non working flash-to-pass button really an MOT thing? It not working is a pain in the arse but could you include that in your list of MOT issues? Im not so sure that it is.

You mention a discrepancy between the declared mileage and the actual mileage yet you dont state what the bike has actually done, remind them of this! 19000km compared to 31000km is a massive difference. I know you stated it in your original email to them but its worth repeating again. These emails could be used as evidence in any legal action (if its needed) so continually state just in case they try to forget.

Im not so keen on the paragraph about "If you force me to take this to court..." because it sounds like thats what you really want to happen instead of giving them the chance to pick the best way of solving your problem. Ideally they will collect the bike and refund you your money in full. Small claims court should be a last resort.

Oh, and keep copies of everything they send you and reports from mechanics. Good luck with this
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Theory test - 19/8/09, CBT - 11/10/09, MOD 1 - 16/8/10, MOD 2 - 27/10/10
Past rides Yamaha XT125X, Triumph TT600, Honda XR250
Current rides Suzuki GSXR 600, Honda MSX125

[mistergixer]

As others have mentioned, get yourself straight down to the CAB, it's free and they give invaluable advice.

Get it put in for an MOT.

Get it inspected by a professional mechanic, get him to write an inspection report for you. I took a dealer through the small claims court back in 2000, my friendly mechanic condemned it in his written report, and we called him as an expert witness when it finally went to court.

Hopefully, it will be resolved amicably and quickly, however, if it goes down the small claims court route then be prepared for a long drawn out process - it took me almost exactly a year for my case to be resolved (entirely in my favour).


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Space Monkey #7
Don Eladio is dead. His capos are dead. You have no one left to fight for. Fill your pockets and leave in peace. Or fight me and die!
Mistergixer's videos on YouTube

[Ariel Badger]

Get a mechanics report rather than a MOT. Things like the fuses will not show up on a MOT.
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Bikers make great organ donors, get 115 on your licence today.

[radical]

Op, as best I know you dont have to return the bike to them under the distance selling regulations , it is up to them to collect the bike as I wouldnt feel safe or legal ridding the bike i such as condition if you know what I mean.

[loply]

Okay, you paid the deposit over the phone. Good.

That means you bought it with the protcetion of the Consumer Protection Distance Selling Act.

That act gives you the right to return the item for a full refund within 7 days for any reason.

If you contacted them and told them that you wanted to return it within 7 days, that might count, though ideally if I was you I would physically return it ASAP.

The distance selling thing is what you need though.

Don't bother arguing with them - just immediately get VOSA/Trading Standards/etc in. No point arguing, just bring the legals in.
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Yamaha SZR660 Caution to the wind, the throttle pinned!

[tastyweat]

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[loply]

When did you receive the bike? How many day's has it been?

How far away from the shop are you? Sometimes these things are best resolved face to face. Go in and have a loud chat with them infront of any other customers there. Sometimes people are too quick to resort to letters.

If the F2F chat doesn't work then the next contact I would make would be involving solicitor/trading standards/whomever.
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Yamaha SZR660 Caution to the wind, the throttle pinned!

[tastyweat]

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[pinkyfloyd]

you need to reword most of your reply.

get rid of the personal feelings and keep it professional.

[tastyweat]

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[Jayy]

When I had problems with the first KTM I bought, I printed off the entire 30 page distance selling act and read the whole thing, highlighted parts I didn't understand and spoke to a solicitor about it.

They have to give you information about the DSA before the sale or when it's delivered, if they don't, and have never supplied the information, they can do so at any point after the sale upto 3 months and you then have 7 days to return it from the point they supply the information.

If they haven't done this, which by the sounds of it they haven't, you're still well within the DSA regulations to ask for a full refund, including any delivery costs and anything else it has cost you since.

There doesn't even have to be anything wrong with the product to ask for your money back, it's your absolute right to ask for the money back even if the product is in 100% working order, you can simply change your mind.

[Bloke]

[Jayy]

Another question, how did you pay? Debit card? Credit card?

If it was credit card, you can get the money back through them.