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Motorcycle damaged by dealership, what now?

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talkToTheHat
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PostPosted: 15:42 - 27 Jun 2014    Post subject: Motorcycle damaged by dealership, what now? Reply with quote

I bought my motorcycle second hand from a dealership. They treated me badly. It was supposed to have new tyres when I collected it. It didn't. It had a handful of faults that were supposed to be covered by a short warranty the dealership refused to honour. The tyres fell apart on the way to return the vehicle for the small repairs they conceded were their problem, but they refused to replace the tyres without payment. Unwilling to remove the motorcycle from their premises without good tyres I paif for replacements. I swore never to deal with them again.

Then my motorcycle developed a rattle, sounded like it might be end of the world expensive so I took it to my local independent garage. Turns out to be the 25kW restrictors that were fitted as part of the purchase agreement. Because the paperwork for such was not in order no garage would take on the liability.

After making payment under protest for transport of the vehicle they collected it, sorted the paperwork and the loose restrictor.

The motorcycle was returned at twilight, with Fi International paperwork but with no receipt for the card payment that I had made nor any paperwork for the repair.

The next day I notice a fault with the rear brake-light switch (which must be disconnected to remove the exhaust), and fixing this (cable pulled out of a bullet crimp connector) drew my attention to a small crack in the exhaust. I took a photo and wrote a letter asking what they proposed to do about it.

Said letter was apparently unseen. I wrote directly to the company secretary as that director listed his address as the company address. Two weeks later I was telephoned by the assistant manager. She claimed the letter I wrote had only arrived today (recorded delivery says otherwise) and has not been seen by the addressee. She claimed that the motorcycle left their care undamaged because they have strict reporting procedures for this. She yelled "we didn't damage your motorcycle" at me a lot. Said a lot of stuff about how other customers trust them with £50000 motorcycles, and apparently I am being treated exactly the same way as them. I repeatedly asked for a response in writing. Much refusal. I asked whether as part of their strict procedures they do a quick inspection and mark damage on the vehicle like the RAC do with their paper pictures of motorcycle before handling the vehicle. She said she'd send me a letter and hung up.

I'm pretty furious and I'd like the damage sorting. It's only a chromed heatshield, but the crack means that the part has since corroded muchly, and I suspect I cannot replace the part without replacing the exhaust system. Aftermarket ones are £400 or so, I don't know if OEM parts are available, and parts from a breakers are likely to be in worse condition.

Do I have any legal recourse here, and will my insurers or a claims company help me?
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Hetzer
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PostPosted: 15:58 - 27 Jun 2014    Post subject: Reply with quote

Do what you can so far as the legal crap is concerned but also pencil in a few nights over the coming months when you'll randomly brick their windows. It doesn't get you back any of the money they've cost you but it is a very satisfying form of righteous justice.

Just kidding about the windows.
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talkToTheHat
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PostPosted: 16:41 - 27 Jun 2014    Post subject: Reply with quote

Tempting, but violence solves nothing.

Am fully comp, so my insures will deal, but potential backfire is they mess up or accept partial and I end up with inflated premiums.
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P.addy
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PostPosted: 16:45 - 27 Jun 2014    Post subject: Reply with quote

talkToTheHat wrote:
Tempting, but violence solves nothing.

Am fully comp, so my insures will deal, but potential backfire is they mess up or accept partial and I end up with inflated premiums.


Why are you bothering with insurance.

Chalk it up to experience. Why are you paying for a garage when the work is likely something you could do yourself...
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Rigga
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PostPosted: 16:48 - 27 Jun 2014    Post subject: Reply with quote

Which dealership is it?
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Hetzer
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PostPosted: 16:49 - 27 Jun 2014    Post subject: Reply with quote

talkToTheHat wrote:
Tempting, but violence solves nothing.

Am fully comp, so my insures will deal, but potential backfire is they mess up or accept partial and I end up with inflated premiums.


Define "solves". Do you suffer no stress from being turned over like a mug by a bunch of snide scum? If you do, righteously breaking windows is well known for solving it. They end up losing more than you do.
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talkToTheHat
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PostPosted: 17:19 - 27 Jun 2014    Post subject: Reply with quote

I don't want to name the dealer at this moment in time. It's a big main dealership and I don't want this to turn into a defamation counter claim.
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Hetzer
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PostPosted: 17:27 - 27 Jun 2014    Post subject: Reply with quote

talkToTheHat wrote:
I don't want to name the dealer at this moment in time. It's a big main dealership and I don't want this to turn into a defamation counter claim.


You can't be done for defamation for reporting facts.
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pits
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PostPosted: 17:55 - 27 Jun 2014    Post subject: Reply with quote

talkToTheHat wrote:
I don't want to name the dealer at this moment in time. It's a big main dealership and I don't want this to turn into a defamation counter claim.

If it's true then it isn't defamation, if you can back up what you say then go for it, you would be surprised what this place can get done.
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talkToTheHat
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PostPosted: 18:03 - 27 Jun 2014    Post subject: Reply with quote

The restrictors were some easy welding and an exercise in sorting paperwork correctly. Fi International (now BLD) requires that the parts be correctly fitted by an authorised dealership.

I think the heat shield on the collector box is welded to the collector box and thus to replace it may require replacing a significant proportion of the exhaust system at huge expense. Unless anyone knows otherwise here?

Of course if I mess with the exhaust before december that's potentially more restrictor hastle. The fact remains that I was forced to allow them to work on my bike, and they damaged a part that they worked on in a way that will cost me a crapload of money to put right.
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_Troy_
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PostPosted: 18:04 - 27 Jun 2014    Post subject: Reply with quote

So it's just the heat shield, not the actual exhaust system? On a bike of your age can you not just live with it?

Oh and stop taking your bike there. It seems you were treated badly from the offset, but refused to learn your lesson countless times.
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P.addy
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PostPosted: 18:06 - 27 Jun 2014    Post subject: Reply with quote

Your restriction can be fitted by whomever. Not just a garage.
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talkToTheHat
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PostPosted: 18:12 - 27 Jun 2014    Post subject: Reply with quote

pits wrote:
If it's true then it isn't defamation


Threat of such costly to fight.

Right now I'm exploring my options for legal action having exhausted the ask them nicely option, I'm either constructing a letter before claim myself, or having some assistance.
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talkToTheHat
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PostPosted: 18:57 - 27 Jun 2014    Post subject: Reply with quote

Paddy. wrote:
Your restriction can be fitted by whomever. Not just a garage.


For FI's certificate to vaild it's required to be fitted by FI approved dealer. Yes I could get away with getting someone mad enough to make me a certificiate in yellow crayon, but as I've already had the popo whether I'm sure the restrictors are still in it I'm not willing to chance it. Ok it was on said observved bikesafe ride and i was being enthusiastic, but because it's a torquey lump and relatively light it moves around town.
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_Troy_
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PostPosted: 19:08 - 27 Jun 2014    Post subject: Reply with quote

talkToTheHat wrote:

For FI's certificate


What is this?
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Kickstart
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PostPosted: 19:08 - 27 Jun 2014    Post subject: Reply with quote

talkToTheHat wrote:

For FI's certificate to vaild it's required to be fitted by FI approved dealer. Yes I could get away with getting someone mad enough to make me a certificiate in yellow crayon


The FI certificate is just a receipt and has no legal meaning as far as whether the bike is restricted or not. Might be slightly more convincing that a yellow crayon one if you want to lie to the police, but either way if they think it isn't restricted they can investigate.

All the best

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i.p.phrealy
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PostPosted: 19:14 - 27 Jun 2014    Post subject: Re: Motorcycle damaged by dealership, what now? Reply with quote

talkToTheHat wrote:
the assistant manager. She


BCF? Shocked
you missed the obvious course of action involving the Assistant Manager.

Tits

Gary

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Rogerborg
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PostPosted: 19:32 - 27 Jun 2014    Post subject: Reply with quote

You paid a dealer premium for a 22 year old wheezy cruiser that you think is quick enough to need restricting because dem popo be all up in your grill? Thinking

No. No, I'm out. AH'M OOT.
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ScaredyCat
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PostPosted: 19:53 - 27 Jun 2014    Post subject: Reply with quote

talkToTheHat wrote:
Paddy. wrote:
Your restriction can be fitted by whomever. Not just a garage.


For FI's certificate to vaild.



Valid? What? Paddy's right anyone can do it and I think he does actually have a certificate done in yellow crayon. Both his certificate and FI's are worth the same. FI's cert has no legal standing at all. Insurers WILL take Paddy's as quickly as FI's
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talkToTheHat
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PostPosted: 20:09 - 27 Jun 2014    Post subject: Reply with quote

Buying a bike and getting it restricted is much nightmare if you don't drive and non't have mates with appropriate trailer or van. I didn't know about paddy's yellow crayon then, and every dealer from big franchise down to tiny independent occupying a terraced house a stone's throw away from arkwrights all said FI or OEM.

The motorcycle is the most expensive thing I actually own. I might expect a 125 bought with pocket change and 'sold as seen' to have a fistful of problems that need sorting in the first week or two of riding. I was naive enough to take the salesperson at his word that if the bike fell apart as I rode away or anything unexpected happened in the first couple of months that they'd sort it out. I'm pretty furious with the salesperson I dealt with for the barefaced lies I was told, but returning a motorcycle damaged after working on it to put right a fault with their own workmanship is unforgivable. They are either negligent, incompetent or perhaps even malicious. Maybe some of each. I don't think they liked my willingness to stand up for my consumer rights.

Fi International used to make and distribute and otherwise monopolise the market on 33bhp restrictor kits. They appear to have been bought by BLDgroup.
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Last edited by talkToTheHat on 20:17 - 27 Jun 2014; edited 1 time in total
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P.addy
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PostPosted: 20:17 - 27 Jun 2014    Post subject: Reply with quote

I'm still astounded you went to a dealer for restriction reasons... it boggles the mind, everything on here should have shown you that its not worth the paper its printed on, welding a restrictor in, you sure? last time I checked they went in the inlets.

Running too small a bore exhaust (I assume the welding occurred here?) would cause some serious engine damage over time.

Oh well, now you've learnt how careless they are, chalk it up and polish the damage out, if its cracked just replace with some generic "eagle" pipe or something equally obnoxious.
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talkToTheHat
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PostPosted: 20:48 - 27 Jun 2014    Post subject: Reply with quote

Some kits are exhaust inserts that require holding in place with a spot weld so they don't rattle and smash hell out of the exhaust.

I guess I've learnt the hard way not to trust a dealer's reputation on anything that isn't written down. Still doesn't give them the right to damage my motorcycle and get away with it.
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talkToTheHat
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PostPosted: 20:51 - 27 Jun 2014    Post subject: Reply with quote

Anyone know whether the RMIF's National Conciliation and Arbitration service is worth the time of day?
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drzsta
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PostPosted: 20:55 - 27 Jun 2014    Post subject: Reply with quote

talkToTheHat wrote:
stuff


Sheltered life much? Laughing

Like others have said, chalk it up to experience - salesmen will talk shite. Trick is to buy private in the first place and save about a grand on the price.
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Wonko The Sane
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PostPosted: 21:11 - 27 Jun 2014    Post subject: Reply with quote

talkToTheHat wrote:


Fi International used to make and distribute and otherwise monopolise the market on 33bhp restrictor kits. They appear to have been bought by BLDgroup.


No, they used to make more noise about it than anyone else, imply various things and be able to supply a kit overnight to a dealership

I actually heard about them after I'd had my bike restricted.
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