issue with dealership

[Guest]

I took my bike in to be repaired as the bar under the foot rests had been bent.

after telling me it was a simple job, they had to bend one of the rests to make it fit, which I found strange. they admitted the back brake would not have as much give in it as it was now bent. The bike started playing up after a mile or two. I stopped and smoke was coming out of the back wheel. When I phoned they said it sounded like the back brake was stuck down, when the RAC brought in one of the technicians said it looked like the back brake was too tight.

They have now called me and said that the only way it could have happened is by me riding with my foot on the brake. I would not have done this, I even stopped the bike and tried to start with my right foot resting on the floor and there were still issues. When I mentioned this they simply said, "well that is your word against ours."

these guys are official yamaha dealers, where do I stand with this?

[Guest philgale]

Surely the back brake is still too tight or stuck on? you have the RAC report saying it was too tight/stuck on so go in with that.

[Guest]

well the technician said this morning that the back brake was screwed too tight, but was only verbal. They have now had the bike all day and been able to right any original mistake?

The RAC man just a guy employed by another company to put the bike on his lorry, he did not look at the bike. I called the dealership direct when the bike broke and they have the cover with RAC, which I am entitled to for a year as the bike is new.

[GazW]

If they fix the bike then would you be happy?

If not there are records of the bike being collected by RAC, and request a record of the work done second time round by the dealership, if you can get that then they can't really deny any wrong doing as your bike wouldn't need to be collected via a recovery truck, and worked on a second time if the first job wasn't sub standard.

Not 100% who you would raise it with, maybe trading standards?

Reason for edit: Mong spelling.

[Dazzled]

You could raise it with trading standards but that opens up a whole can of worms. It'll be up to you to produce evidence of this dealers incompetent repair and unwillingness to correct their mistake.

Did they carry out the second repair free of charge? If they charged you for remedial work that they were responsible for you may be able to take them to a small claims court to recoup your money although this still puts the onus of evidence on you.

In this case it seems as though you've done business with the type of dealer who are happy to bring the whole industry into disrepute so long as they can keep milking their customers for money. Maybe your best course of action would be to complain directly to Yamaha UK who are, after all, employing this dealer as their representative.

[mattycoops43]

"Did they carry out the second repair free of charge? If they charged you for remedial work that they were responsible for you may be able to take them to a small claims court to recoup your money although this still puts the onus of evidence on you"

Not true.

Small claims is biased towards the claimant.You have to have reasonable proof of what you are claiming, but if they do not respond to being served, or cannot prove they have acted properly they will lose.

I know, I was wrongly sued by a nutbar and I had to go all guns blazing to prove I was in the right. As the defendant, if at any stage you don't submit papers on time or turn up, the court automatically finds in the claimants favour.

[Guest]

Thanks everyone,

no they are charging me for the parts of the second repair and work. As they are saying nothing was wrong with the back brake so it was me who must have been riding with my foot on the brake. I am biking in London so this would have been stop start and not one continuous journey with my foot on the brake. Plus I have been riding for a while and not suddenly change the way I ride my bike over night and lean forward with my foot on the brake.

Anyway end of the day I have no evidence, it is just their word against mine. If they fix it I will be happy, but what is stopping the same thing happening again and them just saying you must have been riding with your foot on the brake again?

I may put a call into Yamaha UK.

[Guest philgale]

they have to be able to prove it was you riding with the brake on, i would fight it and get some advice from citizens advice and see what they say.

[uk190]

call Yamaha Uk and complain. speak with MD of the dealer and give him grief. inform trading standards too as there may well have been previuos complaints about them.

 

they have to be able to prove it was you riding with the brake on, i would fight it and get some advice from citizens advice and see what they say.

 

dont ever trust a single word that comes out of the citizens advice!

they gave my ex a complete load of bollocks relating to her debt and how to deal with banks etc. none of it was correct and the she nearly had to declare insolvancy becuase of them. when she complained to the CAB that what their "adiviser" had advised was jibberish and had ended up with her in further finacial strife they said "we are staffed by volunteers and any advice should be verified before following it. the CAB cannot be held responsible if an advisor gets it wrong".

they are worse than pointless, they are dangerous. you might as well ask for advice from strangers on a forum..

[Bigralphie]

When you get the invoice ask them to write "paid under protest" before you part with any money ,this will help if you take matters further

[Boro Jake]

Go straight to Yamaha HQ and complain! Kick up a big stink about it safety issues etc you bought yamaha with confidence.

[Guest]

thanks everyone,

Is half sorted, got quite a bit reduced from the repair. Bike is working like new, which is all I ever wanted in the first place.