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

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MCN
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Joined: 22 Jul 2015
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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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Fat Angry Scotsman
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PostPosted: 11:54 - 17 Mar 2022    Post subject: Reply with quote
stinkwheel wrote:
And have a refreshingly low tolerance for bullshit and being fucked about.


Yep, even in Civil Court they have the same low tolerance for bullshit. I have been chased by a debt collector for a debt that I contended didn't even exist in the first place. Turned up for Court and didn't even get a chance to speak.

The Sheriff came in, called us all to the bench then got the Claimants lawyer to stand up and state their Claim. He then asked to see their copy of the credit agreement, their lawyer said they don't have a copy. The Sheriff then roared "HOW DARE YOU COME TO MY COURT UNPREPAIRED?! Why have you come without the most basic requirements?".

Their lawyer collapsed through his own arse, apologised profusely in mincey-cunt language and then the Sheriff turned to me and said "the Claimant has failed at the first hurdle. Case dismissed pro loco et tempore!" and that was that. Laughing
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stinkwheel
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PostPosted: 17:52 - 17 Mar 2022    Post subject: Reply with quote
Fat Angry Scotsman wrote:

Yep, even in Civil Court they have the same low tolerance for bullshit. I have been chased by a debt collector for a debt that I contended didn't even exist in the first place. Turned up for Court and didn't even get a chance to speak.

The Sheriff came in, called us all to the bench then got the Claimants lawyer to stand up and state their Claim. He then asked to see their copy of the credit agreement, their lawyer said they don't have a copy. The Sheriff then roared "HOW DARE YOU COME TO MY COURT UNPREPAIRED?! Why have you come without the most basic requirements?".

Their lawyer collapsed through his own arse, apologised profusely in mincey-cunt language and then the Sheriff turned to me and said "the Claimant has failed at the first hurdle. Case dismissed pro loco et tempore!" and that was that. Laughing


A family friend was up in front of the sheriff in Aberdeen for ABH after responding to an assistance alarm in the sheltered housing he worked in and finding a random bloke holding an old biddy down on the bed at knifepoint. Being something of a general all round badass, he took the knife off him and in the process of doing so broke the fuckers arm. He then held onto it until the police arrived who promptly arrested both of them!

After hearing the evidence, the sheriff dismissed the case, commended our friend for his heroic action and reprimanded the procurator fiscal in open court telling him if he ever brought up a case like that again, it would go badly for him.
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Freddyfruitba...
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PostPosted: 19:29 - 17 Mar 2022    Post subject: Reply with quote
stinkwheel wrote:
A family friend was up in front of the sheriff in Aberdeen for ABH

The one time in my life I've ever been called for jury service, about 30 years ago, it was at Aberdeen Sheriff's Court.

That's all. (It wasn't your mate in the dock and nothing exciting happened).
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xX-Alex-Xx
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Joined: 12 Sep 2019
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PostPosted: 23:09 - 18 Mar 2022    Post subject: Reply with quote
All gone quiet... Any news?
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TravisBickle
Formerly known as
DUCAUDI



Joined: 17 May 2019
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PostPosted: 22:54 - 21 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.


https://upload.wikimedia.org/wikipedia/commons/thumb/0/0b/Sock_puppet_and_keyboard.jpg/220px-Sock_puppet_and_keyboard.jpg
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TravisBickle
Formerly known as
DUCAUDI



Joined: 17 May 2019
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PostPosted: 22:55 - 21 Mar 2022    Post subject: Reply with quote
c_dug wrote:
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.


https://upload.wikimedia.org/wikipedia/commons/thumb/0/0b/Sock_puppet_and_keyboard.jpg/220px-Sock_puppet_and_keyboard.jpg
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TravisBickle
Formerly known as
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Joined: 17 May 2019
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PostPosted: 23:30 - 21 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.


I think that's a bit harsh. There's definitely a case to say I have been arrogant in the past but I like to think I've adopted a pinch of humility since my early days on here Embarassed

I always try to be the nice guy.

Unlike your good self who likes to troll at any given opportunity. Which can be fairly amusing at times to be fair. However my spergness does seem to agitate you. Seems to be one of your idiosyncrasies. Perhaps you're on the spectrum yourself? Pass the popcorn Might be worth getting checked out! The only known cure is leucotomy. I know a guy I can hook you up with he's really good and reasonably priced.



c_dug wrote:
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.


Looks like it might be going down this route. From what small claims cases I have witnessed in the past the court always wants to be satisfied that enough effort has been made on the claimant's side to come to a resolution. If you just hit them with a claim after being refused a refund at the first stage they take a dim view of it. You have to be able to prove that you have taken all reasonable steps to come to a resolution before filing a claim. So I guess that amounts to several weeks or maybe a couple of months of repeatedly threatening them with court action if a satisfactory compromise isn't reached.

So the first conversation we had they were super nice to me on the phone. I had already emailed them saying I wanted my money back, this was conveniently brushed over in our phone conversation and they were making a huge point of saying how they'll do whatever it takes to get it fixed but never referred to my request for a refund. I didn't want to push it at this point.

So I have agreed to get the bike to them which I am planning on doing tomorrow at some stage.

I spoke to Dean Dunham consumer lawyer on LBC consumer hour on Friday (can upload the call to YouTube if anyone is interested to take the p**s out of me) as unfortunately I planned to call in the Friday before but I forgot and missed the one hour slot between 9pm and 10pm.

He advised me to ask for a full refund and if they don't play ball then apply for a chargeback at the bank. He was confident that they would play ball if I mentioned some legal terms because the trader will be fully aware of my rights, and if they don't play ball there's always the chargeback scheme at the bank to fall back on as I paid the balance in full with a debit card. He was dead certain that one way or another I can get my money back within 7 days and that I won't have to go to court.

I emailed them again last night letting them know that I'd be coming on Tuesday and politely stating my case that I wanted a full refund as I had lost confidence in the bike and was worried that if it was fixed it might break down again or be unreliable in the future. Being really nice stating that as a business owner myself I sympathise that this will put them at a loss however I will be at a loss over the transaction also, my costs being having to take two days off work to view and purchase the bike in the first place and having to recover it back to them, travelling expenses, taxing the bike, insuring the bike plus a breakdown recovery invoice for nearly £100. So we're both out of pocket. I'm willing to get the bike back to them (bearing in mind it's an hour's drive each way and I'll have to load it up on a trailer). So I feel I'm being more than reasonable.

Well. It doesn't look like they're going to play ball. They said they're not committing to anything until they've inspected the bike. I have a gut feeling that they're going to try to pin it on me somehow. But we'll see. I checked the fluids that day, before I rode it, and all was fine. No oil patches anywhere I parked it and no excessive smoke coming from the exhaust so, what can I say? Can't really see how it's my fault Crying or Very sad
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DJP
Crazy Courier



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PostPosted: 09:37 - 22 Mar 2022    Post subject: Reply with quote
It's not your fault, end of.

A motorcycle that goes pop after 10 days is simply not fit for purpose.
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c_dug
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PostPosted: 10:12 - 22 Mar 2022    Post subject: Reply with quote
The thing is they're going to look for signs of abuse, and it clearly has been abused at some point in its life so they may well find "evidence" of this if they choose to do so.

What that supposed evidence might be I have no idea, realistically even if you'd been pinging it off of the rev limiter at every gear change it would be impossible for them to prove.

They'll then try and use this evidence to browbeat you into accepting the blame for abuse/faults that predate your ownership.

Before sending it back to them I'd take a few pictures/videos of things for your own proof. Good quality 360° photographs of the entire bike. The oil sight or dip stick. The coolant reservoir maybe? You may never need the pictures, but if you need them in future it will be too late.
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Easy-X
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Joined: 08 Mar 2019
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PostPosted: 12:44 - 22 Mar 2022    Post subject: Reply with quote
c_dug wrote:
Before sending it back to them I'd take a few pictures/videos of things for your own proof. Good quality 360° photographs of the entire bike. The oil sight or dip stick. The coolant reservoir maybe? You may never need the pictures, but if you need them in future it will be too late.


This ^^^ No excuse with modern smartphones.
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 16:09 - 22 Mar 2022    Post subject: Reply with quote
DJP wrote:
A motorcycle that goes pop after 10 days is simply not fit for purpose.

That would depend on what you do to the bike in those 10 days.

It would be more straightforward if Travis hadn't been on a motorway for ten miles when it went bang. Laughing
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xX-Alex-Xx
World Chat Champion



Joined: 12 Sep 2019
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PostPosted: 17:09 - 22 Mar 2022    Post subject: Reply with quote
Easy-X wrote:
c_dug wrote:
Before sending it back to them I'd take a few pictures/videos of things for your own proof. Good quality 360° photographs of the entire bike. The oil sight or dip stick. The coolant reservoir maybe? You may never need the pictures, but if you need them in future it will be too late.


This ^^^ No excuse with modern smartphones.


I even go this far with hire cars. It's saved my ass as well when the rep picked up the car, and a week later sent a bill for best part of a grand to my company for dents in the drivers door caused by the seatbelt hanging outside and flapping in the breeze. I sent them the video walkaround I did before they picked it up which showed zero damage. They went quiet after that.

Photos are free, not having the photos could be expensive...
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TravisBickle
Formerly known as
DUCAUDI



Joined: 17 May 2019
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PostPosted: 23:51 - 22 Mar 2022    Post subject: Reply with quote
DJP wrote:
It's not your fault, end of.

A motorcycle that goes pop after 10 days is simply not fit for purpose.




c_dug wrote:
The thing is they're going to look for signs of abuse, and it clearly has been abused at some point in its life so they may well find "evidence" of this if they choose to do so.

What that supposed evidence might be I have no idea, realistically even if you'd been pinging it off of the rev limiter at every gear change it would be impossible for them to prove.

They'll then try and use this evidence to browbeat you into accepting the blame for abuse/faults that predate your ownership.




These two have to be sock puppets, surely?
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TravisBickle
Formerly known as
DUCAUDI



Joined: 17 May 2019
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PostPosted: 00:05 - 23 Mar 2022    Post subject: Reply with quote
c_dug wrote:
Before sending it back to them I'd take a few pictures/videos of things for your own proof. Good quality 360° photographs of the entire bike. The oil sight or dip stick. The coolant reservoir maybe? You may never need the pictures, but if you need them in future it will be too late.


VERY good advice, and to be honest I probably wouldn't have thought to do so had you not mentioned it. So thanks for that! Took some very thorough walkround videos and stills before I set off. I live opposite a farm that has a lot of tractors and HGVs coming and going throughout the day, the verges of the lane get driven on constantly and the lane is very dusty especially when it's dry, consequently anything on our driveway get COVERED in a light brown dust. Then any dampness or dew the next morning and it sticks to the bodywork making everything look really filthy and generally un-cared for but it's only light surface dust and not in-ground grime and grit. Nevertheless to be fair the bike looked a right state when I loaded it onto the trailer. I thought the last thing I need is for the trader to be passing some comment when I dropped it off is like "look at the state of it, is this how you keep your bikes?". I needed to get my taxi cleaned in and out anyway so dropped by the hand car wash on the way and they sprayed it down while it was on the trailer for me.

I think first impressions say a lot. A bit like if you go to buy a bike that's filthy you're instantly going to get the impression it's not been cared for. Likewise, try to return a bike to a trader for a full refund covered in mud and they're going to assume or try to portray that you've abused it. Same goes for presenting your bike for a part-ex valuation. Always helps turning up with a clean bike.

Anyway dropped the bike off with the keys the folder with the spare keys in and the user manual and service book and all the history etc. They tried to push the bits and bobs back on me saying "we won't need that".

I'm thinking... "I think you will!".

"No, no, no, we won't need that take it back with you, we'll repair it".

I'm thinking "we've had this conversation three times now and you're still trying to bury your head in the sand and refusing to address my request for a full refund". They haven't outright refused so far. Just refusing to commit to anything and keep banging on about repairing it. Standard tactics for a trader I assume.

I politely made it clear that I'm expecting a refund and finished with "if I have to come back at some point to collect the bike anyway it won't hurt to leave the stuff with you in the meantime, will it.".

I wasn't kicking off but there were other customers in the showroom and I think they wanted me gone so agreed to take the bumph that the bike came with off me and I was on my way.
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Nobby the Bastard
Harley Gaydar



Joined: 16 Aug 2013
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PostPosted: 08:50 - 23 Mar 2022    Post subject: Reply with quote
TravisBickle wrote:




These two have to be sock puppets, surely?


One of them at least has been to bbq in the past so I'll have to say it's a no.
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TravisBickle
Formerly known as
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Joined: 17 May 2019
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PostPosted: 09:09 - 23 Mar 2022    Post subject: Reply with quote
Nobby the Bastard wrote:
One of them at least has been to bbq in the past so I'll have to say it's a no.


Nah

They're both sticking up for me so have to be one of my aliases.

Maybe it was me who was at the BBQ Thinking

It's quite possible I could be every user in here.

Wouldn't be the first time I have say in a room on my own and had an in depth conversation with myself...
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Last edited by TravisBickle on 13:16 - 23 Mar 2022; edited 1 time in total
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Easy-X
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PostPosted: 11:27 - 23 Mar 2022    Post subject: Reply with quote
TravisBickle wrote:
Wouldn't be hhe first time I have say in a room on my own and had an in depth conversation with myself...


All well and good till you get into an argument about who's round it is.
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 16:14 - 23 Mar 2022    Post subject: Reply with quote
Easy-X wrote:
All well and good till you get into an argument about who's round it is.

Whose round it is.

Wink
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xX-Alex-Xx
World Chat Champion



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PostPosted: 16:23 - 23 Mar 2022    Post subject: Reply with quote
Ste wrote:
Easy-X wrote:
All well and good till you get into an argument about who's round it is.

Whose round it is.

Wink


Or maybe it's just a missing comma?

All well and good till you get into an argument about who's round, it is.

IOW, who you're calling a fat bastard, but politely.
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Ste
Not Work Safe



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PostPosted: 16:49 - 23 Mar 2022    Post subject: Reply with quote
urmum.
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Easy-X
Super Spammer



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PostPosted: 19:12 - 23 Mar 2022    Post subject: Reply with quote
Wars have probably started over auto-correct.

Putin might have typed "Ukraine is a problem" to one of his generals and left a question mark off the end Shocked
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DJP
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PostPosted: 19:28 - 24 Mar 2022    Post subject: Reply with quote
Ste wrote:
That would depend on what you do to the bike in those 10 days.

It would be more straightforward if Travis hadn't been on a motorway for ten miles when it went bang. Laughing


Why? It's a road motorcycle that's been ridden on a road.

Is there some warning in the handbook that prohibits riding on the motorway? I've ridden similar bikes on motorways and they didn't go pop.
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Kentol750
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PostPosted: 21:30 - 25 Mar 2022    Post subject: Fair use. Reply with quote
For all his mistakes in how he presented 'us' his case, I have to help TB out here. I rode a drz 400 from Gloucester to Cardiff in 'fucking appalling conditions' and it was at full chat quite a lot of the time. Not only did it not go bang, it got me home the next day in slightly less shit weather. It had 6 or so owners before me and had not been looked after well.

Tldr... bike may have been a wrong 'un.

I'd see how they play it.
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P.
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PostPosted: 18:07 - 26 Mar 2022    Post subject: Re: Fair use. Reply with quote
Kentol750 wrote:
Tldr... bike may have been a wrong 'un.


Which is probably the reason.

I had a TTR600 which went pop after I traded it to someone on here, I did not know it would go bang, neither did they, its a low state of tune and it just went bang...

However my super small piston'ed 125 Varadero got absolutely fucking abused on the motorway for 30k miles and didn't complain.

You get lucky, you can't see everything inside the engine, so you have no idea whats about to snap in two.
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