My Rights for a near-crash.

[Akiraprise]

Hi, I just came back from one of the scariest experiences in my life and need your opinion into what happened and what I can do with it,

Basically I was going along a well known straight road over here i was speeding but no where near redlining my bike, until I came to the corner right at the end of this straight, where I changed down a gear (wasn't a sharp corner at all) and the bike slid on me, I was going virtually sideways down the road with the bike still under my control (In a way), I paniked and must've countersteered because the bike span out on me and luckily I didn't drop it or worse crash, I pulled over to the side of the road thinking I had a flat tyre or something, but no, my back wheel was COATED in oil, seems that something's failed in the bike and sprayed oil on the back wheel, now doing this without no warning is a VERY scary thought and I Don't trust my bike anymore.

Now, I'm not sure what leaked, I think it's either petrol, engine or gearbox fluid, maybe 2stroke oil but I doubt it. Now whatever it was it was a very good lubricant.

Now here comes the 'interesting' part if their's such thing, I took the bike into the garage today and told them I wanted my fork seals changed (they've busted), Starter motor fixed, a vibration in the engine and to LOOK OVER THE GEARBOX, which they 'apparently' did and found 'nothing wrong with it', so if it is the gearbox...what do I do? - They didn't fix the fork seals either :S.

Now I need your advise onto what to do, I was thinking of getting an independant mechanic to look over it and see what's gone wrong, get that in writing aswell and get Mac's Motors (offending garage) to pick the bike up and repair it.

Now do I have a case against the garage? SURELY that work is sloppy and must break the law if it nearly caused a crash, ideally I want the bike to be replacd, I've had NOTHING but trouble with it, ie:

https://www.bikechatforums.com/viewtopic.php?p=422940

I never got a reply from that letter or even an ackquoledgment from any of the people I sent it to, so that came about nothing but surely I have a huge case against the garage now that something obviously VERY dangerous is wrong with the bike, Should I go in tomorow and demand a replacement bike? As I REALLY don't trust this bike any longer, would you if your bike spilt oil all over your back wheel without you knowing?

I will be writing letters to:
Trading Standards
Watchdog
All major Motorbike Magazines
Mac's Motors
Derbi UK.

Any others?

I really need this sorted quickly as my bike is my life and I can't be without it for too long, any suggestions would be greatly appreciated!

Thank you.

[Kickstart]

Hi

Are you in the AA or RAC? If so speak to their legal bods. They might well be able to sort in inspection for you.

My guess would be the filler plug for the gearbox has been left off, or the oil level hole.

All the best

Keith
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Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[Akiraprise]

Not with either of them mate, unfortunately, is it worth getting it done at another garage before taking it back to Mac's to make sure I get the right explanation for it.

Those two would be interesting seeing as my oil's been changed by them recently in my gearbox, today that'd be

[Kickstart]

Hi

Depends how much you want to make of it. To just get them to fix it take it back to them.

If you want to have a serious go at them then take it elsewhere, but there is a good chance it will cost you more money and a fair chance nothing will happen to them.

All the best

Keith
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Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[Visitor Q]

Well, as i did my contract/consumer law paper today i can give you some names and terms to prattle at them.

Sale of goods and services act 1979 states all services must be carried out with due care and skill

Also if they try and limit liability you can explain that obviously the work was carried out to an unacceptable level, and you demand they amend the damages or else you are well within your rights to repudiate (terminate) the contract. If they try and wiggle out of it with an exclusion clause cite the unfair terms in consumer contracts regulations 1999 which leaves it to a court to decide whether an exclusion clause is 'unfair', or whether it defeats the main purpose of the contract.

In this case you bought a bike/had work done, it wasnt to standard, you want to be put in the position you should have been had they fulfilled there conditions of the bilateral contract. You have paid the full amount and therefore had due consideration, the onus is on them to fulfill their contract or you can seek damages.

Tbh though, its all puff, if they want to shaft you, they will.
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[Akiraprise]

ok,

update:

The bike got picked up by them, apparently it was the gearbox 'breather' pipe, the gearbox somehow pressurised (faulty seal?) and pjected gearbox oil out of the breather hose - which is right infront of the rear wheel- nice design!

Anyway, they've tested it a few times and FINALLY noticed my clutch sticks - took them long enough, so now they're gonna have a look at that - tehy've dropped the entire engine out of the bike and are checking everything - which is a relief!

Does this sound plausible for why it happened?

[Kickstart]

Hi

Overfill the gearbox on a 2 stroke and you will get a bit of oil out of there, but not much generally. Worn crankshaft main bearing seals would allow the gearbox to be presurised, but I would expect the ignition side one to wear first and that normally causes problems with the idle first (eg, the bike tries to idle at higher revs, with the idle adjuster having no effect).

Worn seals are often a sign of knackered main bearings.

All the best

Keith
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Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[jimster]

[Bomberman]

I remember your previous posts on this and I cannot believe that;
a) You haven't sued the garage already
b) You still keep taking it back to them
c) You dare ride that thing
Honestly mate, its a joke. Get your money back and run
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'89 TZR 125 - '94 GPZ500s - ZK3 GSXR600 Alstare

[cagiva gezzer]

You'd have to put a gallon in a derbi 'box to make it reach anywhere near the breather. They're right on the top.

Have to say, you should of given it back a long time ago.
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"because one stroke isnt enough and four strokes waste two"

[mistergixer]

Hi,
I had the unpleasant task of taking an Italjet dealer through the small claims court. I ended up winning, getting all my money back, plus costs, plus interest, and the best bit........i charged THEM for storing the bike in my garage after the case was settled.
Did you buy the bike new?
Did you pay cash or finance?
Finance affords better protection from a legal point of view.
You may well be within your rights to reject the machine as 'not fit for the purpose of use'.

I would reccomend you contact your local trading standards office as soon as, it's free and they know their shit!
Please feel free to contact me if you want any advice.
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Don Eladio is dead. His capos are dead. You have no one left to fight for. Fill your pockets and leave in peace. Or fight me and die!
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[Visitor Q]

[jimster]

[Visitor Q]

[jimster]

[Visitor Q]

[mchaggis]

Model essays? Are the questions now that predictable that you can just be spoonfed the answers? Saying that Secondary qualifications are getting easier is a gross understatement if that's the case.
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[Visitor Q]

[mchaggis]

[Visitor Q]

[Akiraprise]

ok got it back this morning:

They didn't find the problem for the gearbox - which scares me, they said 'keep an eye on it' and they've moved the breather pipe, trouble is it came on so quickly and i didn't realise until it was too late.

secondly they replaced my clutch plates - which i'm annoyed about they didn't tel me they'd do that work to the bike and upon arguing with them about it they said 'someones seen you somewhere doing racing starts so they're broken' - what an asshole i can do whatever i like with my bike, the clutch worked fine when i brought it in...so that's, 100 quid!

They also changed a 'selector shaft' - free of charge though, and also charged me again for topping up my gearbox oil - 5 quid and its only a week old and not my fault it's all over the bac tyre, aswell as a water gasket???!?!?!

So now I owe them 250 quid :'(

what can i clean my tyre with to get rid of the oil??? Cause they didn.t..

[R4nger]

Complain. If they did not tell you that they will do extra work, you can get it free.

[jimster]

[Akiraprise]

the gearbox oil they changd because they had to drain mine to look at the gearbox and you can't re-use it - thats what they said...

Anyway, I'm not a very strong worded person and I admit to getting pushed around with things like this :S

[jimster]