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The owner of Ride On Motorcycles, Glasgow, is a CROOK !!!

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Scotsman37
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PostPosted: 00:52 - 29 Aug 2004    Post subject: The owner of Ride On Motorcycles, Glasgow, is a CROOK !!! Reply with quote

If you've read my earlier thread about the troubles I've had waiting for my Kawasaki Zephyr 550cc to be finally repaired, then you will no doubt understand why I am so flippin' pissed off at them.

Here is the latest news so far !

After been contacted by Mick, Head Mechanic, to say that my bike is now ready for me to take away, except this is now after 7 weeks of waiting for it to be finally repaired. On the sixth week of waiting I had a major argument with the owner telling him of my disgust at how long I've been waiting with me hearing excuse, after excuse, about we're waiting on parts for the gearbox and on a couple occasions they even got the wrong part delivered so they said ? He only finally moved when I informed that Kawasaki UK has those parts in stock as I had been in contact with them on a few occassions.

I arrive at their shop to be sadly notified by Mick that I will now have to pay him approximately £1,278 for me to ride my bike away because he was notified by the owner that he has changed his mind and that my bike will not now be covered by the warranty for repair and why may you ask?

Originally within 30 days gaurantee I managed to ride my bike back to the shop because my bike would not go into neutral for 2 days no matter what ever tried to rectify it. So, I managed to get it back to them when it finally went back into neutral and explained the situation to Stephen Lafferty, Salesman, about this problem and he said I think it maybe a clutch problem and so he adjusted the clutch plus suggested rocking the bike backwards & forwards to get to into neutral when ever it happens again.

So I did what he suggested everytime that happened except nearly 2 months later while travelling to Loch Ness on the first day of travel the gearbox jams and I kept bike from fully hitting the surface and so only front right brake lever was damaged on the tip. The owner of Ride On Motorcycles admitted to me and my pal of which he has approx 25 years biking experience that when I originally reported the problem with the gearbox it should have been stripped down and looked at more closely rather than just adjusting the clutch cable.

So for nearly seven weeks and since the first day when the bike was in workshop that my bike was being repaired under warranty and the workshop staff and Stephen Lafferty knew that it was being repaired under warranty and I was re-assured each time by them that it was so and will not have to pay anything for it to be repaired, but now the owner has gone back on his agreement and I've had to now get involved the Trading Standards Office to intervene on my behalf to rectify this situation.

Hopefully, sometime next week they will contact him.....

So, I'll say again he is a "Crook!"

Evil or Very Mad
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california_rookie
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PostPosted: 01:07 - 29 Aug 2004    Post subject: Reply with quote

Sounds horrible. Neutral

Here's hoping you get a little good luck coming your way. Thumbs Up
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Sparks!
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PostPosted: 01:15 - 29 Aug 2004    Post subject: Reply with quote

Problem is, did you get anything in writing to say it's a 100% under warranty repair?

If not then I think you have a hard case to prove, whereas they will have written paperwork to prove the bike is older than the 30 day guarantee period.

Hope it works out for you though, shame to hear about such wanker dealers.
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Rory
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PostPosted: 01:19 - 29 Aug 2004    Post subject: Reply with quote

My understanding of Scots law is virtually non-existant, however I'm led to believe that verbal agreements can hold up pretty strongly. Best of luck to you mate Thumbs Up
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Scotsman37
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PostPosted: 04:02 - 29 Aug 2004    Post subject: Reply with quote

As I officially reported the problem prior to the 30 days of warranty expiring and they DID not look at the gearbox and so therefore he is liable to repair any damages. My friend at the time basically read verbatim the Trading Standards Act and so he accepted liability that his staff should have inspected the gearbox rather than just adjusting the clutch cable at the lever.

He hasn't got a hope in hell of winning as the law is on my side because it states 'That a guarantee is an addition to your consumer rights, but not an alternative to it'. I have the same rights as a buyer of new goods according to the Trading Standards Act. It refers to that the goods sold must be of good working order and fit for the purpose it was designed for and NO matter how old it is.

I think about approximately two months worth of use with a catalogue of errors since almost day one constitutes that the motorcycle was not fit for what it was sold for and my friend is a witness twice to the fact that my bike was stated by staff and the manager too that it will be repaired under warranty.
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True Blue
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PostPosted: 10:12 - 29 Aug 2004    Post subject: Reply with quote

Yeah I think you do have a case. Scots law is slightly different from English law Yams, and where it is different it is almost always to our advantage Thumbs Up

Just so I know, to avoid it, where is this Ride on Motorcycles. I recognize the name but I can't think if I've ever been there. Is that the suzuki place at Port Dundas?
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Scotsman37
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PostPosted: 12:57 - 29 Aug 2004    Post subject: Reply with quote

True Blue wrote:
Yeah I think you do have a case. Scots law is slightly different from English law Yams, and where it is different it is almost always to our advantage Thumbs Up

Just so I know, to avoid it, where is this Ride on Motorcycles. I recognize the name but I can't think if I've ever been there. Is that the suzuki place at Port Dundas?


Ride On Motorcycles has two outlets and my bike is in their Glasgow shop. They are actually a Yamaha dealer except they have lots of used motorcycles for sale too and, oh yes, I even logged a complaint about them with Yamaha Motors UK about the conduct of the owner of Ride On Motorcycles as he said "I don't give a flying f*** what Trading Standards think, as I will do what I want with my company".

Nithsdale Street, Glasgow.

and


Green Street Lane, Ayr.


Last edited by Scotsman37 on 13:03 - 29 Aug 2004; edited 1 time in total
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True Blue
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PostPosted: 13:00 - 29 Aug 2004    Post subject: Reply with quote

Oh right, I know the one now. Thumbs Up I was down there a few times looking to buy a bike, but I thought their bikes were a bit overpriced. Having said that, they did offer a good trade in price.
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Retro-Man
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PostPosted: 13:02 - 29 Aug 2004    Post subject: Reply with quote

simple question, did you sign any form of job card or agreement for the work to be done this should be standard practice. somewhere on the job card should be details as to if job is cash or warranty.
if it is cash then you are likely knackered if you were not asked to sign anything before commencement of work or it is marked warranty then call the police as they are wrongfully withholding your bike and will have to prove you agreed to the costs in court.

hope this helps
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Scotsman37
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PostPosted: 13:13 - 29 Aug 2004    Post subject: Reply with quote

Retro-Man wrote:
simple question, did you sign any form of job card or agreement for the work to be done this should be standard practice. somewhere on the job card should be details as to if job is cash or warranty.
if it is cash then you are likely knackered if you were not asked to sign anything before commencement of work or it is marked warranty then call the police as they are wrongfully withholding your bike and will have to prove you agreed to the costs in court.

hope this helps


Actually no, because he said that he admitted liability under the original warranty as they should have looked at the gearbox and I have a witness that heard him saying that and including his staff knew it was being repaired under the original warranty agreement.

Under Trading Standards Act if an item becomes faulty after the guarantee is up, but if the item's fault was reported prior to the guarantee ending and so therefore the trader is liable for repairs!
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Retro-Man
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PostPosted: 13:15 - 29 Aug 2004    Post subject: Reply with quote

good this means that he has no right to with hold your bike, get your bike back, refuse to pay then let trading standards tear him apart
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Scotsman37
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PostPosted: 13:17 - 29 Aug 2004    Post subject: Reply with quote

Retro-Man wrote:
good this means that he has no right to with hold your bike, get your bike back, refuse to pay then let trading standards tear him apart



Thanks ! That is what I am currently doing. Smile
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Retro-Man
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PostPosted: 13:21 - 29 Aug 2004    Post subject: Reply with quote

then don't worry about it. It is his problem if he is now unable to claim from the warranty underwriters

If its any help I work in the motor trade dealing with this situation every god damn day
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Scotsman37
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PostPosted: 15:03 - 29 Aug 2004    Post subject: Reply with quote

A friend of mine recenly had his bike MOT'd by Ride On Motorcycles and failed it primarly on the lack of damping on the front forks despite the fact he the bushes & seals replaced a fortnight earlier! He it took else where and it passed the MOT with flying colours.

Also I know of another person recently almost failed the MOT saying that his Suzuki GSXR had the illegal small number plate. He explained to them that you sold me the bike 2 months ago with that very same number plate in question on it, and so he immediately passed it on the MOT.

Just shows you they got one standard for themselves and the other for everybody else. Their mechanics boast about how they travel at about 160mph on the roads too.
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1stGarry
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PostPosted: 16:25 - 29 Aug 2004    Post subject: Reply with quote

Smash the f@ckers windows and slash his tyres!

If he's turned you over, it's all he deserves!

IMHO Laughing
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Last edited by 1stGarry on 19:48 - 30 Aug 2004; edited 1 time in total
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MarJay
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PostPosted: 17:04 - 29 Aug 2004    Post subject: Reply with quote

Can I just add as a slight aside at this point;

Writing that the owner of this dealership is 'a crook' is probably not the best choice of words. I think there is enough ambiguity in that expression to get away with it but it is possible that he can sue you for libel (as it is published on an internet forum).

I doubt that anything will come of it as stuff like this is extremely difficult to prove regarding an internet forum, however another unnnamed member has been threatened with legal action after writing something like "XYZ Company are a bunch of twats!".

Just thought I would add that, and If I were to add my own twopenneth, then I would say that he does indeed sound like a crook! Laughing

Good luck, and hope you nail the guy! Twisted Evil
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True Blue
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PostPosted: 17:09 - 29 Aug 2004    Post subject: Reply with quote

Just put "IMHO" in front of it. You are allowed to express your opinion Wink
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Ste
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PostPosted: 17:13 - 29 Aug 2004    Post subject: Reply with quote

You're perfectly okay as long as what you tell everyone is 100% truthful, they can't do anything to you for telling everyone about the poor services you've received, that is no more illegal than telling people aboue good service.

Gear4Bikes (who were very very crap and threatened to take me to court after putting on here about the service I got and call them wankers Laughing) still havn't taken me to court over it so I wouldn't worry too much about calling them crooks. Smile
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Ste
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PostPosted: 17:23 - 29 Aug 2004    Post subject: Reply with quote

I'm sure that Google will do a similar thing, sadly gear4bike BCF page has gone down to page 7 in Google now.
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Retro-Man
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PostPosted: 18:19 - 29 Aug 2004    Post subject: Reply with quote

theres a new term in business now,

"With out Prejudice"

type or use this at the head of any letter and guess what it can't be used in court

just ask trading standards
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Retro-Man
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PostPosted: 18:23 - 29 Aug 2004    Post subject: Reply with quote

re mot testing ( I took my MOt course and became a tester)

the purpose of the ministry going into test centres is actually to return the level of testing BACK DOWN to ministry levels

most mot testers fall in to the trap of ignoring the test standards and testing according to what they think is safe.

Get hold of a copy of the testers manual you will see how lame the test actually is and that there is no room for testers opinions
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Scotsman37
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PostPosted: 15:21 - 31 Aug 2004    Post subject: Reply with quote

I have as of today, as advised by Consumer Advice & Trading Standards, posted by recorded delivery to the owner of Ride On Motorcycles to ask why I am now be made to pay for the repair when he was the one that admitted liability for repair. The Consumer Advice cannot contact them until later in the week because they've got a back log of complaints to go through in Glasgow.

Also, I have sent another copy the Judge at Daily Record & Sunday Mail, he fights for the rights of the consumer !

I've also got note of the address for Retail Motor Trade Federation for Conciliation.
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stinkwheel
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PostPosted: 23:37 - 31 Aug 2004    Post subject: Reply with quote

I didn't think a garage was legally allowed to keep your vehicle as surety against an outstanding bill. I am pretty sure they have to give it back and chase you for the money in the normal way. (like if they refuse to give it back you could report it stolen)

I could be wrong though, worth checking up.
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Ste
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PostPosted: 23:51 - 31 Aug 2004    Post subject: Reply with quote

They are allowed to hold the car until payment has been made.

Trading Standards wrote:
This can be a contentious matter, especially with verbal contracts, as it can be very difficult to 'prove' that the garage had carried out the work without your authority. It will generally come down to 'proving' your word against the word of the garage.

If the garage has carried out unauthorised work, you could require them to 'undo' the work and put the vehicle back in its original condition, however, this course of action can also create problems, especially if it would make the vehicle unroadworthy . The trader may also refuse to undo the work or release the vehicle without payment. If improvements have been made, the garage is entitled to exercise a lien over the car, this is a legal right to hold disputed goods until payment is made. In these circumstances, the only way you can recover possession of the car is to 'pay under protest' and to then pursue your claim for reimbursement against the garage through arbitration (trade association) or the courts.
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map
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PostPosted: 09:24 - 01 Sep 2004    Post subject: Reply with quote

Ste wrote:
They are allowed to hold the car until payment has been made.

Regrettably that's true. Had it once with a car. Insurance repair but wouldn't let me have the car or even inspect it until they got the excess amount Mad.

Now on a cheque so long as you write the amount (e.g. One Hundred Pounds Only) then after that you can write anything you want - so I put in something like 'payed under duress'.

Funny thing was when I got it back found paint on the steering wheel and other signs of shoddy work so it was going back to them to sort and I cancelled the original cheque. Repair shop manager went ballistic over the phone with me once they knew cheque was cancelled. Phoned his boss, explained the situation and got an apology.

Sorry for going OT as this story doesn't help Scotsman37 but I thought the bit about what you can write on a cheque may be interesting.
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