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Engine gone pop after 10 days, no warranty, where do I stand

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1198
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Joined: 24 Jan 2013
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PostPosted: 17:32 - 14 Mar 2022    Post subject: Reply with quote
From my quick skim through this thread -
1, OP buy bike, realises it has issues but cracks on anyway.
2, OP uses bike in way that’s not strictly wrong but barely in the design remit of motorcycle (80mph motorway cruising for prolonged journeys).
3, OP gets warning of impending failure, cracks on anyway.
4, Bike goes pop.
5, OP goes on the internet saying ‘he’s been a moron’, admits / moans he’s done points to 3 inclusive then wants his money back.
6, Dealer offers to look at the bike but doesn’t appear to be keen to offer a refund without even viewing the bike, wishing, understandably in my view, to look at the issues themselves first.
I’d suggest point 7 should be ‘OP stops telling the world what he’s done in case the dealer sees this thread’
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TravisBickle
Formerly known as
DUCAUDI



Joined: 17 May 2019
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PostPosted: 18:37 - 14 Mar 2022    Post subject: Reply with quote
1198 wrote:
From my quick skim through this thread -
1, OP buy bike, realises it has issues but cracks on anyway.
2, OP uses bike in way that’s not strictly wrong but barely in the design remit of motorcycle (80mph motorway cruising for prolonged journeys).
3, OP gets warning of impending failure, cracks on anyway.
4, Bike goes pop.
5, OP goes on the internet saying ‘he’s been a moron’, admits / moans he’s done points to 3 inclusive then wants his money back.
6, Dealer offers to look at the bike but doesn’t appear to be keen to offer a refund without even viewing the bike, wishing, understandably in my view, to look at the issues themselves first.
I’d suggest point 7 should be ‘OP stops telling the world what he’s done in case the dealer sees this thread’


1. I said I wasn't 100% convinced there wasn't already an air/fuelling issue when I got the bike. This isn't the same as knowing that the bike has issues.
2. One stint of 18 miles and another stint of 10 miles is prolonged?
3. Warning and impending failure (i.e. rattling and loss of power) happened in under a minute's riding.
4. Bike goes pop, yes.
5. Taken out of context, well done.

You seem to be an expert at taking things out of context and spinning things in a certain way to support a given narrative, don't you Thinking

Maybe you should go into politics.
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Nobby the Bastard
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PostPosted: 19:15 - 14 Mar 2022    Post subject: Reply with quote
Are we going to have the spectacle of a flounce.
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redeem ouzzer
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PostPosted: 19:43 - 14 Mar 2022    Post subject: Reply with quote
I don’t think this thread has gone quite the way OP thought it would.

Suck it up, rebuild the engine, crack on.
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TravisBickle
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PostPosted: 21:25 - 14 Mar 2022    Post subject: Reply with quote
Nobby the Bastard wrote:
Are we going to have the spectacle of a flounce.


Embarassed Whistle
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Ste
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Joined: 01 Sep 2002
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PostPosted: 21:34 - 14 Mar 2022    Post subject: Reply with quote
TravisBickle wrote:
it's almost certainly looking like it's going to need a new engine or an engine rebuild which could take weeks or months to source the parts and wait for them to have the work done

It shouldn't / won't take weeks or months to get parts for a DRZ400. Thumbs Up
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TravisBickle
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PostPosted: 21:40 - 14 Mar 2022    Post subject: Reply with quote
But how proactive are they going to be at getting it fixed and back to me?
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A100man
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PostPosted: 22:24 - 14 Mar 2022    Post subject: Reply with quote
TravisBickle wrote:
But how proactive are they going to be at getting it fixed and back to me?


You're worrying about an unknown.. we don't know what's wrong with it yet. The dealer sounds fair - just hand it over.
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1198
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Joined: 24 Jan 2013
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PostPosted: 00:47 - 15 Mar 2022    Post subject: Reply with quote
TravisBickle wrote:
1198 wrote:
From my quick skim through this thread -
1, OP buy bike, realises it has issues but cracks on anyway.
2, OP uses bike in way that’s not strictly wrong but barely in the design remit of motorcycle (80mph motorway cruising for prolonged journeys).
3, OP gets warning of impending failure, cracks on anyway.
4, Bike goes pop.
5, OP goes on the internet saying ‘he’s been a moron’, admits / moans he’s done points to 3 inclusive then wants his money back.
6, Dealer offers to look at the bike but doesn’t appear to be keen to offer a refund without even viewing the bike, wishing, understandably in my view, to look at the issues themselves first.
I’d suggest point 7 should be ‘OP stops telling the world what he’s done in case the dealer sees this thread’


1. I said I wasn't 100% convinced there wasn't already an air/fuelling issue when I got the bike. This isn't the same as knowing that the bike has issues.
2. One stint of 18 miles and another stint of 10 miles is prolonged?
3. Warning and impending failure (i.e. rattling and loss of power) happened in under a minute's riding.
4. Bike goes pop, yes.
5. Taken out of context, well done.

You seem to be an expert at taking things out of context and spinning things in a certain way to support a given narrative, don't you Thinking

Maybe you should go into politics.


Point 2. You said ‘one stint of 18 miles and another stint of 10’ is prolonged?’ I’d say that operating a bike pretty much flat out when you know it’s struggling for approx 25 minutes is prolonged, yes.
Point 3. you say ‘happened in under a minutes riding’. You earlier said ‘happened within minutes’. You also said ‘well if I’m honest it wasn’t 100% instant. It did start rattling faintly for a few minutes beforehand’ then it ‘became obvious that there was something internally wrong with the engine’ and my personal favourite, having heard it ‘clattering and banging around very loudly like there was a load of nuts and bolts in a tumble drier’ you wisely stopped the engine, before trying to restart it and the engine seized.
So, explain to me how I’m taking that out of context, how it all happened with a minute?
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DJP
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PostPosted: 11:30 - 16 Mar 2022    Post subject: Reply with quote
I don't get the hate for the OP. He bought a bike from a dealer, the engine went pop.

It's the dealer's problem.
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redeem ouzzer
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Joined: 06 Oct 2015
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PostPosted: 13:46 - 16 Mar 2022    Post subject: Reply with quote
DJP wrote:
I don't get the hate for the OP. He bought a bike from a dealer, the engine went pop.

It's the dealer's problem.


Schadenfreude.
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yen_powell
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PostPosted: 14:44 - 16 Mar 2022    Post subject: Reply with quote
redeem ouzzer wrote:

Schadenfreude.
Oh yeah, my Dad had one of those, notoriously unreliable East German crap they are.
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xX-Alex-Xx
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PostPosted: 14:53 - 16 Mar 2022    Post subject: Reply with quote
yen_powell wrote:
redeem ouzzer wrote:

Schadenfreude.
Oh yeah, my Dad had one of those, notoriously unreliable East German crap they are.


Pretty good for destroying invading tanks from short range though.
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c_dug
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PostPosted: 15:55 - 16 Mar 2022    Post subject: Reply with quote
DJP wrote:
I don't get the hate for the OP. He bought a bike from a dealer, the engine went pop.

It's the dealer's problem.


This. Seems like Mr Bickle is getting a bit of an unnecessarily hard time here. Fortunately the law doesn't assume we're all mechanical gods with x-ray eyes and 20-20 foresight into future issues.

Re. the verbal communication. I'd follow up via email personally. It isn't perfect since it's you putting both sides of the conversation down, but it's better than nothing. I would also make it clear in the email that you reject the bike and want a refund. You don't need to speak in legalese, just be polite, concise, and clear.

I don't expect they'll just fold at the first email, so you'll probably end up having to fight your corner, but for what it's worth I now have three experiences of going through small claims (one personally, two with/for a friend). Twice they paid up before it reached court and the third found in our favour when the trader didn't show up on the day.

I genuinely believe that many small businesses genuinely do not know consumer law (whether through choice or genuine ignorance is to be debated). Just worth bearing it in mind, as in my above experience with small claims it has tended to take a number of weeks/months for them to change their tune, I suspect it is because they eventually realise you aren't backing down and only then do they actually look at the law or speak to a solicitor, and realise the consumer is in the right.
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Nobby the Bastard
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Joined: 16 Aug 2013
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PostPosted: 16:03 - 16 Mar 2022    Post subject: Reply with quote
c_dug wrote:


Seems like Mr Bickle is getting a bit of an unnecessarily hard time here.


That's because Mr Bickle has been a bit of a cunt in the past.
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c_dug
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PostPosted: 16:12 - 16 Mar 2022    Post subject: Reply with quote
Fair enough, can't say I've been around these parts enough recently to have noticed.

Well, act like a cunt, get treated like a cunt I suppose, but my above advice still applies.
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Fat Angry Scotsman
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PostPosted: 16:15 - 16 Mar 2022    Post subject: Reply with quote
c_dug wrote:
I genuinely believe that many small businesses genuinely do not know consumer law (whether through choice or genuine ignorance is to be debated). Just worth bearing it in mind, as in my above experience with small claims it has tended to take a number of weeks/months for them to change their tune, I suspect it is because they eventually realise you aren't backing down and only then do they actually look at the law or speak to a solicitor, and realise the consumer is in the right.


Agreed, I literally took a company through the Scottish equivalent of small claims court (here it's the Simple Procedure at a Sheriff Court) and all they had to do to avoid it was to replace a £36 plushie. That is literally all they had to do. I pleaded with the guy in the store to just replace it otherwise we are going to court and he huffed and rolled his eyes at me. Told him that I am not just some mug off the street that touts nonsense - I have literally been the the Sheriff Court multiple times and it will take months to resolve but it eventually will and will cost them much more in fees, costs, damages and interest for breach of contract. His reply was "aye am sure you will" and then banned me from their store.

I gave them every opportunity to resolve it easily but when the cunt rolled his eyes at me and that was it, I was locked into it for nothing else but the principle.

They ended up paying me £1,100 and change when they could have just fucking replaced the plushie and avoided everything. Rolling Eyes
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Fat Angry Scotsman
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PostPosted: 16:18 - 16 Mar 2022    Post subject: Reply with quote
Nobby the Bastard wrote:
That's because Mr Bickle has been a bit of a cunt in the past.


This is BCF mate, I've not been here as long as most but I know that we are all pretty much cunts in some way or another Laughing
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A100man
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PostPosted: 16:56 - 16 Mar 2022    Post subject: Reply with quote
Fat Angry Scotsman wrote:

Agreed, I literally took a company through the Scottish equivalent of small claims court (here it's the Simple Procedure at a Sheriff Court)


Please tell me he wears a Stetson and a silver badge..
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Fat Angry Scotsman
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PostPosted: 18:39 - 16 Mar 2022    Post subject: Reply with quote
A100man wrote:
Fat Angry Scotsman wrote:

Agreed, I literally took a company through the Scottish equivalent of small claims court (here it's the Simple Procedure at a Sheriff Court)


Please tell me he wears a Stetson and a silver badge..


No he wears a funny wig and can put you to jail on a whim. Was in Airdrie Sheriff Court and seen a social worker get a night in the cells for not bringing their reports and paperwork. Got a contempt of court there and then.

Sheriffs are actually very powerful.
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stinkwheel
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PostPosted: 19:46 - 16 Mar 2022    Post subject: Reply with quote
Fat Angry Scotsman wrote:


No he wears a funny wig and can put you to jail on a whim. Was in Airdrie Sheriff Court and seen a social worker get a night in the cells for not bringing their reports and paperwork. Got a contempt of court there and then.

Sheriffs are actually very powerful.


And have a refreshingly low tolerance for bullshit and being fucked about.

I was discussing this with my Dad the other night because he's having problems with the electricity company. They've fitted a new meter but appear to have no record of it. He's now getting highly spurious bills based on estimated readings for the old meter and is getting worked up about it because he's having circular arguments on the phone before being cut off.

We've both agreed he's going to stop phoning, stop paying them and put the nature of the issue in writing along with what he wants them to do about it (ie, submit an accurate bill based on the new meter readings) and send it recorded delivery. Then wait for them to either sort it out or take him to court. If it does land up in front of his local sherriff, he'll wipe the fucking floor with them.
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Tdibs
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PostPosted: 22:45 - 16 Mar 2022    Post subject: Reply with quote
Lurching at full out sounds like main jet was not changed when fitting short/open exhaust and prob air side too.

Yes, riding bigger singles at full revs on motorways for sustained period's is a good way to kill them faster.

Guessing you did not check the oil tank before riding too? I know we expect better when buying from dealers, but one does wonder....
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Nobby the Bastard
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PostPosted: 23:03 - 16 Mar 2022    Post subject: Reply with quote
stinkwheel wrote:


And have a refreshingly low tolerance for bullshit and being fucked about.

I was discussing this with my Dad the other night because he's having problems with the electricity company. They've fitted a new meter but appear to have no record of it. He's now getting highly spurious bills based on estimated readings for the old meter and is getting worked up about it because he's having circular arguments on the phone before being cut off.

We've both agreed he's going to stop phoning, stop paying them and put the nature of the issue in writing along with what he wants them to do about it (ie, submit an accurate bill based on the new meter readings) and send it recorded delivery. Then wait for them to either sort it out or take him to court. If it does land up in front of his local sherriff, he'll wipe the fucking floor with them.


It worked for me when the utility company tried to charge me for the 9 months usage of gas and electricity between tenants leaving and me.buying the house.

Didn't even end up in court. They just gave up and as its been more than 6 years now it'll be thrown out if they even try.
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Ayrton
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PostPosted: 23:53 - 16 Mar 2022    Post subject: Reply with quote
Tdibs wrote:

Guessing you did not check the oil tank before riding too? I know we expect better when buying from dealers, but one does wonder....

I'm curious about this too. Any chance that when rushing the service for you they fucked up and didn't put in enough oil?
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MCN
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PostPosted: 10:43 - 17 Mar 2022    Post subject: Reply with quote
Stop Using the beast NOW (yesterday).

Contact the seller for remedy.

If no remedy offered then contact your local Citizen's Club.

Or the local courts and start a small claim action.

Not sure on costs but that is where to start.

Traders are governed.
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