help, advice please!

taz277 · L Plate Warrior Joined: 29 Mar 2012 Karma :

i made agreement with a ametuer trike builder to build me a trike to what i wanted, it was my first ever trike, i gave a deposit of £200 and had to pay £100 a week the total cost was 2.800 i paid 1.800, it is finished just needed mot which it went for i was told if it passed to make sure the rest of funds were ready so i could pick it up which was £1.000 only trouble was it failed mot what on i dont know. but i had an email from them saying that they have changed there mind and giving me a full refund, and they are keeping the trike, i put a lot of effort into it my self i struggled to save the money too, i am so gutted. i want the trike. i am happy to have the trike as it is and sort out the mot myself but they wont have it. what can i do?????

Alpha-9 · Super Spammer Joined: 19 Jan 2012 Karma :

LeNoir · Two Stroke Sniffer Joined: 16 Jan 2012 Karma :

You had a contract with them (doesn't matter that it was verbal not written) which they cannot just change their mind on.

The important part are these four steps:
Offer- they make you an offer to build you a trike for a price
Acceptance - you have said yes to go ahead
Consideration - the most important part some form of payment has been made (have you got receipts or bank statements for the payments?)
Intention - by you making the payment and them accepting the stage payments you both had the intention to form a contract.

Take them to the small claims court, very easy to do. If they breach the contract then you will be entitled to compensation for the loss of your time and effort in to the design of the trike.
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P. · Red Rocket Joined: 14 Feb 2008 Karma :

Be a man, get 2 wheels rather than 3? Laughing

Rogerborg · nimbA Joined: 26 Oct 2010 Karma :

So you funded a bloke in a shed to build a trike which he'll now sell on to the highest bidder?

Even if you had a contract (bet you don't) then you don't really have grounds for any kind of civil action, since you're getting a full refund (if you do). Small Claims won't touch a "Wah, me want some vague compensation" claim, it's for simple, clear cut cases.

If you want it, you'll have to go and take it.

You could tell the local Plod that you're going to take lawful possession of your property and fear that a breach of the peace will occur without some uniformed presence, but I suspect they'll tell you what we'll all tell you: you got played, either man up, or suck it up.
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GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

.Bishbash. · World Chat Champion Joined: 06 Sep 2010 Karma :

Yeah Roger has pretty much clued it up.

Until it's fully paid for it isn't yours sadly, as said if you took it to a claims court, they'd ask to return the £1800 to you. But they have already offered to do that.

Just buy another one, I expect there will be loads about, or save the other £1000 and build another Wink

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Current bike - GSX-R1000 k8