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Bought a Written off Bike fom a Dealer - Advise Please

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JonWal
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PostPosted: 13:08 - 15 Apr 2016    Post subject: Bought a Written off Bike fom a Dealer - Advise Please Reply with quote

Hi All,

Please can you help me with a query I have.

I bought a Triumph Street Triple in November from a Kawasaki Dealership.

Few weeks ago I broke down with faulty Regulator/Rectifier.

Rang Triumph Dealership as I knew of a recall on this part. However my bike was not down on the recall list.

Took it to a local garage and had it repaired (£190.00) Confused

Anyway I then found out that all 2009/2010 Street Triples were recalled for this part so I contacted Triumph again. They've now told me that the reason I was not on the recall list is that my Bike was written off in October 2012.

There was no reason for me to believe the bike was written off during the purchase from the Kawasaki dealership. If I had known it was written off I'd have stayed well clear.

I paid the equivalent of a low mileage bike with a full service history.

I'm 99% sure I have a HPI check sheet that came with the bike saying it was clear. I will have to check tonight. Has anyone ever had any similar experiences?

Thanks in advance, Jon Sad
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Kris
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PostPosted: 13:30 - 15 Apr 2016    Post subject: Reply with quote

Have you done a HPI/history check yourself yet?
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Minty
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PostPosted: 13:32 - 15 Apr 2016    Post subject: Reply with quote

If HPI check was done then contact the company to advise them and assuming they have some sort of guarantee, they need to resolve it with Triumph and advise you what has indeed happened, accident history wise.
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Pjay
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PostPosted: 13:33 - 15 Apr 2016    Post subject: Reply with quote

Dealers must make it clear they are selling a written off bike by law.

You have a case.
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JonWal
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PostPosted: 13:37 - 15 Apr 2016    Post subject: Reply with quote

Thanks All for your replies.

I will do my own HPI check of course. I'm still in work at the moment so I haven't checked the bike's documents, but I'm sure I've seen the HPI report in my paperwork.

If I do in fact have a case, what are my options? What can I expect?
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Albigularis
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PostPosted: 13:38 - 15 Apr 2016    Post subject: Reply with quote

Did you finance it? If so, get onto them as well, as most finance companies don't like cat-anythings.
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Rogerborg
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PostPosted: 13:41 - 15 Apr 2016    Post subject: Reply with quote

Pjay wrote:
Dealers must make it clear they are selling a written off bike by law.

Why's that then? Which law, specifically? Criminal or tort?


JonWal wrote:
I'm 99% sure I have a HPI check sheet that came with the bike saying it was clear. I will have to check tonight.

Yes, you will. Also, be 100% sure that it has been written off.

If you can show that they said that it wasn't a write off, then you have a case.

It'll only be for the difference in what it might be worth if it weren't a write off versus what it might be worth as a C or D write off, either now or at the point where you sell it. Again, that's up to you to show and to argue, don't expect them to just throw money at you.
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MarJay
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PostPosted: 13:43 - 15 Apr 2016    Post subject: Reply with quote

I'd suggest engaging some sort of legal advice because this could get messy.
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JonWal
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PostPosted: 13:48 - 15 Apr 2016    Post subject: Reply with quote

Unfortunately I paid cash. So no finance outstanding on the bike..
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Minty
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PostPosted: 13:50 - 15 Apr 2016    Post subject: Reply with quote

At the moment I would treat this as the Dealers problem. Tell them what has happened and that you want them to look into it whilst you contemplate taking legal advice. Could simply be an admin problem somewhere in the chain.
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Polarbear
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PostPosted: 13:51 - 15 Apr 2016    Post subject: Reply with quote

MarJay wrote:
I'd suggest engaging some sort of legal advice because this could get messy.


I have to agree with MarJay. Once you are certain that your bike has been written off. Engage some form of legal representation.

If the Kawasaki dealer is a big franchise or main dealer I would be surprised at them trying a trick like that. A few quid extra but their reputation sullied Confused
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Pjay
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PostPosted: 13:51 - 15 Apr 2016    Post subject: Reply with quote

Rogerborg wrote:
Why's that then? Which law, specifically? Criminal or tort?


I'm not sure of the exact law, but a dealer told me that at the end of last year, the law changed and that they had to declare any written off bikes.

Consumer rights act?
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Polarbear
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PostPosted: 13:52 - 15 Apr 2016    Post subject: Reply with quote

What's the reg number? There are people on here with access to various databases that might be able to help.
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JonWal
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PostPosted: 13:55 - 15 Apr 2016    Post subject: Reply with quote

The Bikes reg. number is LK59 KSX.

Thanks guys. I'll update asap. Off home now.
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Rogerborg
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PostPosted: 14:03 - 15 Apr 2016    Post subject: Reply with quote

Biketrader doesn't flag that bike as a write off. Before you spend a penny or sink any time or grief into it, I'd ask why Triumph think that it is. Could just be a snafu rather than a sinister shadowy conspiracy.
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andys675
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PostPosted: 14:07 - 15 Apr 2016    Post subject: Reply with quote

I've no idea why triumph would know the bike was written off, how would they know? and what's it got to do with them?

my salesman mate says if it was subject to a total loss it will say so on the front of the v5
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P.addy
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PostPosted: 14:51 - 15 Apr 2016    Post subject: Reply with quote

andys675 wrote:
my salesman mate says if it was subject to a total loss it will say so on the front of the v5


What makes you think DVLA know of all of them... I have certainly written off a bike, got a new V5 and it was clear, 3 times... Laughing I doubt they have a process in place.
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Hahadumball
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PostPosted: 16:42 - 15 Apr 2016    Post subject: Reply with quote

by law dealers have to state its written off

Regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008.

office of fair trading will deal with it

https://www.gov.uk/government/organisations/office-of-fair-trading

Quote:

MISLEADING OMISSIONS

Quote:
Regulation 6 prohibits giving insufficient information about a product. It is a breach of the CPRs to fail to give consumers the information they need to make an informed choice in relation to a product if this would cause, or be likely to cause, the average consumer to take a different transactional decision. For example to make an informed decision about whether to buy or how much to pay, the average consumer buying a car needs to know whether the car has previously been an insurance write-off. The trader therefore has to disclose this information, whether or not the consumer asks for it.

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Rogerborg
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PostPosted: 16:50 - 15 Apr 2016    Post subject: Reply with quote

Nice one, that does look germane. Thumbs Up
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Wonko The Sane
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PostPosted: 17:14 - 15 Apr 2016    Post subject: Reply with quote

andys675 wrote:
I've no idea why triumph would know the bike was written off, how would they know? and what's it got to do with them?

my salesman mate says if it was subject to a total loss it will say so on the front of the v5


The manufacture will get the contact details of vehicles from the DVLA, presumably the details came back either missing the op's or detailing it as being written off and so not on the road.

the possibility I can imagine is that the recall happened when the bike was in ownership by the Kawasaki dealership and so wasn't technically owned by anyone for DVLA to supply details. Kwak don't know about a Triumph recall and it gets missed.

OP buys it and contacts Triumph, they can't see it on their list of bikes for the recall but know it should have been and presume it was written off.



I'd say it's a paperwork chasing game first, establish if it is a write off or not (hpi it now, although bike trader will tell you if you start making a selling listing)

when you know it's not a write off then approach Triumph again asking why they think it is when everyone else thinks not.

If it is written off, then talk to dealer who sold it.
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M.C
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PostPosted: 17:46 - 15 Apr 2016    Post subject: Reply with quote

andys675 wrote:
my salesman mate says if it was subject to a total loss it will say so on the front of the v5

Does it?

As Paddy says a bike can be written off without being recorded (mine's), dunno how or why, I wonder if keeping the bike after an accident might have something to do with it?

Don't know how triumph would know better, unless it was a factory repair? Laughing
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Matt B
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PostPosted: 11:13 - 16 Apr 2016    Post subject: Reply with quote

JonWal wrote:
I will do my own HPI check of course.
I'm sure I've seen the HPI report in my paperwork


So.....?

Gone ominously quiet.
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GSTEEL32
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PostPosted: 12:08 - 16 Apr 2016    Post subject: Reply with quote

this seems a bit of an arse-about-face way of finding this out ..........

The first thing I do when contemplating a bike is spend £3 on those "text 88888 for a vehicle history" thingy.

If it comes back as written off, I save a shed load more than £3 battering the price down. If it comes back clear, you still batter the price down, just not as much .....

Even if the ad says its Cat "whatever", Its makes sense to ensure the details from the dealer/seller match the documentation stored online .....

Spending £5k on a bike, without doing your own homework, is a bit daft to me .....
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Efes123
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PostPosted: 12:41 - 16 Apr 2016    Post subject: Reply with quote

Paddy. wrote:
What makes you think DVLA know of all of them... I have certainly written off a bike, got a new V5 and it was clear, 3 times... Laughing I doubt they have a process in place.


You mean you actually have a bike that hasn't been written off Shocked
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Rogerborg
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PostPosted: 13:42 - 16 Apr 2016    Post subject: Reply with quote

GSTEEL32 wrote:
Spending £5k on a bike, without doing your own homework, is a bit daft to me .....

Dealer, peace-of-mind, etc.

I'd bet it's not been written off and Triumph are (currently) just talking bollocks.
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