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Name and shame?

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venners
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PostPosted: 18:22 - 26 Apr 2012    Post subject: Name and shame? Reply with quote

Hi all just wondered if it was ok to name and shame a so called bike dealer who has ripped me off.It may save someone else alot of money and hassle.Would this be against forum rules?
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lihp
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PostPosted: 18:23 - 26 Apr 2012    Post subject: Reply with quote

back story?
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CaNsA
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PostPosted: 18:26 - 26 Apr 2012    Post subject: Reply with quote

Real story, not the "missing bit outs" version.

If we decide it is valid then the BCF Mafia will allow the name of the dealer to be posted.
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Nick 50
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PostPosted: 18:29 - 26 Apr 2012    Post subject: Reply with quote

CaNsA wrote:
Real story, not the "missing bit outs" version.

If we decide it is valid then the BCF Mafia will allow the name of the dealer to be posted.


Deffo what CaNsA said, as BCF'ers will pass the thread on to the "named and shamed" asking for their side and it has made some posters look rather silly once the full story comes out.
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venners
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PostPosted: 19:05 - 26 Apr 2012    Post subject: Reply with quote

Well here goes.... I'd been looking for a Yamaha Virago for sometime but couldn't find one in my area so looked on the internet.After a few weeks I found one however It was in S'hampton and I'm in Felixstowe It was around the right price I examined the photo's ( I got the IT dept where I work to blow the photo's up) it looked good for the year 98.
I rang the dealer he described the bike to me, it had a years m.o.t and he said he would deliver it for £80 which seemed not bad to me.The bike arrived a few days later it came on the back of a pick up truck the guy who brought it showed me around it and started it but only briefly which should have been a warning to me but at the time I didn't register it.The guy just wanted to get the money and paperwork done and he was gone.Then the trouble started I rode the bike about a week later(waited for insurance docs as the bike had no tax) I noticed a hesitation and slight misfire so decided to get the plugs out and found that the plugs were black so decided to clean them ran the bike but no real improvement,I thought that the bike may have had a bad previous owner who didn't overwinter it very well so went to work on it hoping that fresh petrol would help clear the misfire.Got to work all seemed ok but still had hesitation. Finished work got on the bike to my horror ignition wouldn't come onspent about 20 minutes turning the ignition on and off the neutral light flickered and eventually came on bike started after a few cracks of the elctric starter switch and I rode home.Next day went to work the bike started to lose power on the way but I geared down and let out the throttle and it picked up and I got to work ok.However I was still having trouble with the starting.Next day went to work half way there bike lost power geared down but kept losing power and bike died and wouldn't start agai I pushed it home.I striped the carb found that a couple of O rings were knackered replaced them bike just started but ran badly and at really low revs.To cut along story short it went to a local bike garage they were amazed that it ran at all it had the following faults: carb inlet o rings perished,carb heaters were constantly on and dangerously hot,carb not seated properly on rubber manifold(sucking loads of air) plug leads too long,diaphragm brittle and holed.
To add to that I found that the rectifier/regulator is overcharging the battery and the thermo switch was faulty (probably causing the carb heater problem) I have since cured the starting problem by taking the ignition switch apart and resoldering some contacts.I rang the dealer who sold me the bike but was told I would have to pay him to come and pick the bike up and also pay him to return it!To which of course I refused stating that it was sold with warranty but he refused to budge I have informed trading standards so far.To date the bike has cost me £50 (half a days pay) and a further £200 in parts and labour not to mention hours spent on it by myself.
I hear what your saying but I don't do fairy stories I deal in facts as I encountered them the dealer will probably dispute this but I have recipts from my local garage to back me up and have also got a ref number for trading standards who have given me advice of how to proceed but I think this is going to be fruitless.


Last edited by venners on 19:11 - 26 Apr 2012; edited 1 time in total
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groovylee
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PostPosted: 19:08 - 26 Apr 2012    Post subject: Reply with quote

hate to say it, but you should have contacted him first, before you spent the money, and given him a fair chance to rectify the issues.

now, you could struggle a bit to get the money back. happy to be proven wrong though.
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venners
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PostPosted: 19:12 - 26 Apr 2012    Post subject: Reply with quote

I did contact him In the first instance he refused to come get it without paying him it's all in the post.

Last edited by venners on 19:15 - 26 Apr 2012; edited 1 time in total
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Easter Bunny
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PostPosted: 19:14 - 26 Apr 2012    Post subject: Reply with quote

I think you did need to contact him first to allow him to rectify the problem.
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venners
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PostPosted: 19:18 - 26 Apr 2012    Post subject: Reply with quote

The dealer refused to even get the bike without payment the law states that if something is unfit for purpose which I'm advised relates to my case the dealer must rectifiy replace or refund he refused to repair without payment which I'm told is against the law.
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groovylee
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PostPosted: 19:19 - 26 Apr 2012    Post subject: Reply with quote

venners wrote:
I did contact him In the first instance he refused to come get it without paying him it's all in the post.


ah, apologies mate, i mis read it Embarassed

fair play, sounds like you have a case for small claims court, or maybe you can try trading standards route first, see if he buckles....

good luck with it. Thumbs Up
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Walloper
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PostPosted: 19:23 - 26 Apr 2012    Post subject: Reply with quote

A Shovel, a 1/2 bag of lime and a bit of desert should sort the fucker out.
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Darth
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PostPosted: 19:52 - 26 Apr 2012    Post subject: Reply with quote

The dealer didnt say he would charge to fix the issues - only that you would need to pay for transport. I am no lawyer but i wouldnt have expected this to be covered??
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pendulum
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PostPosted: 20:07 - 26 Apr 2012    Post subject: Reply with quote

You've probably blown the right to repair by taking the bike to bits and tinkering yourself, you also denied him the chance to fix the faults (he's allowed to offer a collection/drop off service; you should've taken it if you couldn't get the bike to him by your own method to be fixed under warranty)

You could have rejected the goods within a short space of time as faulty but not after taking the bike to bits
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Shaun
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PostPosted: 22:03 - 26 Apr 2012    Post subject: Reply with quote

What the hell is wrong with this forum? Eh?

The guy got ripped off by some 2 bit dealer that knowingly delivered him a bike with far too many faults for it to be an over sight and all you lot do is jump on him for trying to get his new bike working?

Jesus christ.

From experience the bike isn't fit for purpose as trading standards have told you. Send them a letter recorded delivery (keep a copy for yourself) stating you wish the faults to be repaired and this should be done at no cost to yourself.

If they refuse then you may be able to ask for a refund as you haven't had it long, only contact them in writing though so it's not your word against theirs.

Don't name and shame yet, keep that back so he can't blame you for damaging his business... at least until this has been resolved.
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Noxious89123
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PostPosted: 22:21 - 26 Apr 2012    Post subject: Reply with quote

And this is why you shouldn't buy a bike without seeing it, giving it a good look over and testing riding it. Especially if the place isn't local.

But then we all make mistakes. Live and learn! Hope you get it sorted Thumbs Up

Btw, what virago is it? 535? 750? 1100? They sound ace with Remus slash cuts Very Happy
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Ichy
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PostPosted: 23:01 - 26 Apr 2012    Post subject: Reply with quote

I sort of agree with the sentiment Shaun but can the dealer be expected to accept complete liability when the op states:

venners wrote:
I striped the carb found that a couple of O rings were knackered ..........................it had the following faults: carb not seated properly on rubber manifold(sucking loads of air)


Did you get written evidence of the warranty? It doesn't really matter since you can claim that there was a implied warranty since the seller knew the particular purpose that the buyer would use the goods and the buyer relied on the skills and knowledge of the seller to provide suitable goods.

I'm not sure it applies but under consumer law the seller is not obliged to pay for the collection of an item claimed as faulty if the buyer has accepted it. One of the ways you accept goods is by keeping them without complaining after you have had a reasonable time to examine them but there isn't actually a fixed time that is deemed as reasonable. I'm guessing that there is a gap of nearly two weeks until you complained?

Personally I would of considered going down the route of accepting the collection/ delivery charge under duress (bit strong but I can't think of another word for it) and then claiming it back through small claims when the bike was repaired since this implies that the seller sold goods that were definately faulty.

Have you considered speaking to the dealer and asking if he would accept a 75%/25% split of the costs to save the hassle of moving the bike back and forth? Offer him the number of the garage you took it to so that he can speak to them directly. You could offer to sell him the warranty back, it's of very little value to you if you have to go through this each time there is a problem. No reason why you couldn't then buy another warranty.

I can't see a quick resolution of your problems.
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venners
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PostPosted: 07:00 - 27 Apr 2012    Post subject: Reply with quote

Firstly thanks Shaun you seem to understand where I'm coming from. The point of this post was to let all of you know that there is a rouge trader about and I wouldn't want any of you lot getting caught out.I bought the bike mainly for the daily commute it took the last of our savings to buy.
I wouldn't complain but as I have been legally advised if a product is delivered and it is NOT fit for purpose it is the LEGAL duty to repair,replace or refund if it has been
delivered it is also the dealers duty to retrive the item and redeliver it-trading standards.I would also like to point out the dealer has had 2 letters delivered recorded delivery and chosen to ignore them what a reputable bloke!
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Polarbear
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PostPosted: 07:15 - 27 Apr 2012    Post subject: Reply with quote

I feel for you. I have bought long distance from a dealer and had problems (a 600 divvy for the wife). I bought it with a credit card and got them involved. Credit card companies are actually quite good as they don't like negative karma (not BCF version, lol)

I think you are doing OK. Get your local trusted garage to sort it out and then go to the small claims. Now I don't know the rules, but if you buy distance and it wrong, surely the seller has to cough up for the collection.

Whatever happens, hope your bike is OK now Thumbs Up
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Efes123
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PostPosted: 07:32 - 27 Apr 2012    Post subject: Reply with quote

I don't think we've quite got all the info here.
Quote:
I rang the dealer he described the bike to me, it had a years m.o.t and he said he would deliver it for £80 which seemed not bad to me


How did he describe the bike?

Lete's say you bought a toaster, sold as working. Got it home to find that it overdid the toast on one side. So you then took it to pieces and fixed it. At this point you have voided the warranty!. Any company will expect you to bring a faulty piece of equipment back yourself, it's not their fault you live so far away.

However, saying all this, you do seem to have been sold a pup.
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Ichy
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PostPosted: 08:22 - 27 Apr 2012    Post subject: Reply with quote

venners wrote:
I wouldn't complain but as I have been legally advised if a product is delivered and it is NOT fit for purpose it is the LEGAL duty to repair,replace or refund if it has been
delivered it is also the dealers duty to retrive the item and redeliver it-trading standards.


So what purpose did you tell the seller the bike was being brought for? It may sound obvious that the plan was to ride it but unless that was expressed in the initial conversation the dealer could quite legally suggest that the bike, due to its age and condition, was sold, as is, for parts or repair and was priced accordingly.

Whoever legally advised you that the dealer HAD to pay for collection and repair is wrong or has at least not given you the full details, you should have contacted the seller immediately and you should not have tampered with it. You should name and shame the people who told you otherwise.

The dealer is ignoring you simply because you have nothing to hold against him at the moment. You did not inform him in a reasonable time. You admit to tampering with the bike and you made a decision to have a biased third party carry out repairs. You did not allow him to view the faults nor allow him to attempt rectification.


I realise that I'm coming across as a bit of an arse but I just want to show how easy it is to get caught out. If the bike was as bad as you say then name and shame anyway, I just want to point out that there isn't an easy way for you to get the money back. You don't suggest that you have anything in writing which leaves your word against theirs. If you're serious with going through with it then speak to a solictor and see if they think it worth sending a letter regarding a refund of the repair costs.

Can you link to the original advert?
Did you keep all the parts that have been replaced?
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venners
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PostPosted: 09:25 - 27 Apr 2012    Post subject: Reply with quote

I bought the bike from the place I did because it was the NEAREST I could find at the time I tried local garages and dealers but they didn't have what I wanted I was also quoted what I thought was alot for finding a bike that I could find myself. Cars have been delivered for years so I thought why not a bike and car dealerships and dealers DO recover vehicles that don't run for no fee I used to work for Volvo my father in law works for Honda so I know this to be true.At the end of the day I feel hard done by I don't want a debate lets not worry about it I'll post on other sites.
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P.
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PostPosted: 09:41 - 27 Apr 2012    Post subject: Reply with quote

venners wrote:
car dealerships and dealers DO recover vehicles that don't run for no fee I used to work for Volvo my father in law works for Honda so I know this to be true.


I don't think Honda or Mazda do...probably true for various others.
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Old Thread Alert!

The last post was made 13 years, 251 days ago. Instead of replying here, would creating a new thread be more useful?
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