33bhp kit and a rubbish dealer

[R4nger]

The letter says it all. Just opinions on how to make the letter better and my legal status please.

Name is replaced by "DEALER" til this is sorted

*edited for new edited letters*

[instigator]

Ow, nasty.

So can I ask, what parts is it they're keeping? In particular.

[Dr Nick]

Dealer i bought my bike from kept my original bits, even though they were mine, i had to tell them that i was selling it before they gave them back to me.
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is that it

[R4nger]

I have asked them for trackdays and selling and such but refused to give them to me for trackdays or private land and asked the buyer of my bike to come along with me to the dealership to obtain the parts.

This is a Suzuki restriction kit by the way so no Mr. Washers FI International kit which I did not find out til the work was completed

[Sparks!]

What are the original bits? I didn't think anything was "removed" when your bike is restricted?

Mine was just some washer in the inlets, nothing removed.. just the plates added... so what was removed from yours?
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Current Toys: 06 Yamaha WR250F | Nissan 350Z GT | Tech 4 Homes

[R4nger]

I am not sure what exactly was removed by it was parts from the carbs.

[Dr Nick]

[Johnny GSX-R]

Iffy one this, what proof does the dealer have that indeed he did do the said work.... If you go home and change it back then kill yourself on the bike THEY will be answerable. You won't need the bits until you can ride full power so don't panic.
IF he gives you the parts back then THEY should get you to sign a form stating that you are happy that the work was carried out and that YOU demanded the parts back loose and NOT re-fitted.
I'm shocked that there are parts as i though it would be a throttle restrictor or a diaphragm / disc air intake reducing device as normal.

[instigator]

Yeah I've seen this suzuki kit before ( a lot of manufacturers are selling them now) and its just the intakes between engine and carbs is changed I believe.

Is there something on your certificate that says they get to keep your original parts?

If not, then they have no right.....

[JonB]

I got given back my parts. It's the same kit as yours as well.
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Be careful whose advice you buy, but, be patient with those who supply it. Advice is a form of nostalgia, dispensing it is a way of fishing the past from the disposal, wiping it off, painting over the ugly parts and recycling it for more than it?s worth.

[R4nger]

[Ste]

I'd remove the threat about telling people to avoid them, if nothing else that's taken for granted I'm sure . If they don't sort out your parts then next letter is threatening with "seeking resolution through the courts which I'm sure you'll agree would be both costly and time consuming for the management of DEALER".

Also, rather than asking them what action they'll be taking I'd specify exactly what action you want as otherwise their written reply by your date will just be a brief version of your phone calls. Put something to the extent (IMO) of "I am therefore asking that these parts can be sent to me by the 05/03/05 or I am contacted by then to arrange a convenient for them to collected."

I wouldn't mention where you've sought legal advice from, just state them you have as that way they don't know who you've spoken to about it.

Just for completeness I'd mention when it was booked and any other names, dates, details of all conversations with anyone there.

[Johnny GSX-R]

STE, you missed my point... If he has an accident then someone is ALWAYS ALWAYS accountable in this day and age, the bike will be checked, found to have NO restrictor kit fitted and wallop!!! the dealer is accused of NOT doing the work.

My brother owns a motorcycle workshop and he always gives the certificate AND gets the customer to sign a decleration to say the work IS complete and that they WON'T change it back until such time as legal, its a back covering exercise thats all.

[mchaggis]

[Ste]

As the rider of a bike it is your responsiblity for it to be roadworthy and for you to be allowed to ride it, not anyone elses.If you borrow someone elses bike and get stopped then its you who gets done for it not being roadworthy even if you're just at the end of their drive and they said it was all okay.

If the dealer did the work or not is confirmed by the restrictor certificate which is signed (or the FI International ones are) by the owner.

[instigator]

[R4nger]

[tony532]

maybe they are not allowed to give you back the orgininal parts

which would allow you to de-restrict the bike yourself

[Ste]

Unless you agreed prior to the work starting that they'd be removing and keeping some parts as well as fitting some then they're not allowed. R4nger agreeed for some parts to be fitted not for anything to be removed and kept by them and there is no legal requirement for them to keep them.

It would allow you to de-restrict it yourself but thats the same as them saying "no we won't sell you some allen keys as you'll remove the restrictors with them".

[R4nger]

Infact there are a pair of carbs on eBay.

Then I will sue them for the costs

[Johnny GSX-R]

[0ni]

I think the answer to that Johnny is simple - its his property, its his bike to do with as he pleases.

Will you name and shame once this ordeal is over?

[Johnny GSX-R]

[Ste]

He is either going to de-restrict the bike (which is his choice not anyone elses), hang onto them for when his restriction ends and he can use the bike full power, hang onto them for when he sells the bike, sell the parts, use the bike full power on private land, anything he wants as they're his property.

What he will or could do with them is entirely besides the point; the garage have kept part of his bike and are refusing to return it.

It is perfectly legal for him to get them back now.

It is his bike and he can do what he wants with it, there is nothing illegal about him having those parts, there is nothing which says "you can't own something which you're not allowed to use on the public roads" and there's also nothing which says "you can't own some parts which would enable you to break some traffic law".

If you booked your bike in to have a road legal can fitted as it had a race can fitted you wouldn't be very impressed if when you went to collect your bike with the road legal can fitted they told you that they weren't going to let you have the race can as it's not road legal would you? It's exactly the same situation.

[Johnny GSX-R]