6 month old bike needs new engine!

[Chr1ske11y]

6 months ago I purchased a brand new 125cc Lexmoto Matador. Its been well looked after and I’ve kept it up to date with all the regular services to keep the warranty, I’ve had no problems with it at all up until last week. Attempting to go to work at 5am the bike would not start.

With it being still in warranty, the place where I bought it from picked the bike up free of charge and a returned it to me few days later all fixed and running well. - the problem was apparently something to do with the spark plug needing replacing.

I also had it serviced at the same time as it was was close to the next 3000km mileage service - £65

Today the same thing happened once again, the bike would not start at all. I had it picked up to be fixed and I’ve just recieved a phone call to tell me that the entire engine is knackered and needs replacing! With it being in warranty it will be fixed free of charge but the only problem is I will have to wait well over a month for a new engine to be shipped from China.

I rely on my bike to get me to work and back every day as it’s 16 miles one way.

There is no public transport on that route and I can’t share a lift to work as no one lives near me, so it’s looking like I’m going to lose my job.

The motorcycle dealership is not being helpful to me at all, they won’t lend me a bike and they have gave me no other option but to wait for it to be repaired.

I’m just wondering what my rights are with it being in full warranty? Should the motorcycle dealers be offering me a solution to this? Surely a six month old bike should not need a new engine. I’m really stuck with what to do right now...

[Joeman]

Legally you need to give them one chance to fix it (which you did) and then after that if the problem persists you are entitled to a refund.

Did you buy on credit card or finance??

https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

 

 

Enjoy your refund and buy a better bike

[mikestrivens]

Very useful link.

[Chr1ske11y]

I paid all in cash.

So how do I go about sorting a refund? If I am entitled to one, they’re not just gonna take my word for it surely..

The guys in the motorcycle dealership shop seem to think my only option is to wait the month for the new engine to be fitted

[mikestrivens]

That link provides all you need. Also CAB is quite useful.

[Via]

If they refuse then your next steps would be LBA (letter before action) and then small claims court.

However you would not be entitled to a full refund as you have used vehicle, other goods it's full refund up to 6 months but vehicles there would always be a deduction (would be worked out by court or ombudsmen) but effectively would likely be depreciation value which would be high on a Chinese bike.

I'd go back with that first though and try to use it as a bartering point for a loaner bike that you won't push for a refund if they can help you out with that.

[Six30]

Dealer is also entitled to charge you for the mileage you have covered , propably around 50p a mile although there is no set price for this ...... you are entitled to a refund though , dont let them try and bully you , make it clear what you want to happen but be polite and calm about it

[SometimesSansEngine]

You are entitled to go straight to refund IF a repair would cause you significant inconvenience and/or take an unreasonably long amount of time. The problem is you'd have to argue that first, during which you wouldn't have a vehicle.

Out of interest, what reason have they given you not to offer a loan bike?

edit: sorry, had scrolled down quickly and only noticed on refreshing that Joeman said pretty much the same thing (didn't read the pic he posted)

But usually with people like this they either think you don't know your rights or don't know them yourself, the trick is being prepared, knowing what outcome works for you and going from there.

I presume, as an outcome, you're happy with the repair if you also have a bike during the period they are attempting a repair?

[RantMachine]

WELP I got ten words into the first post and thought "yeah sounds about right".

[Via]

Also need to consider time and effort. I bought a desk from eBay once (new from a company not a private sale). The glue failed on the glass top within days of using it causing nice new monitor and everything else to fall off desk.

Legally both seller and manufacturer were liable for the damage caused to my property, however simply refused to offer anything above cost of desk (which was a fraction of the cost of monitor alone). Regardless of being well within my rights and having law on my side when they stick fingers in their ears you can't force them to pay.

So the only other option would be to take them to small claims court which I would have had to pay for initially and even if I then win if they still didn't pay it would be down to me to identify assets to send in enforcement agents, all of which would have likely taken months. So I ended up biting bullet and claiming on home insurance instead.

It's same as riding, just because you have right of way don't make it hurt any less if you are in an accident. Rather than go in all guns blazing try to barter with them and explain your situation and you just need to get to work and don't care what with, no point giving yourself grief for months, being without a bike and losing money when you could have had your bike back in a month and put up with going to work on a 50cc scooter they had laying around in the shop.

Edited December 20, 2018 by Via

[RAYK47]

Can't you hire a bike, I know it's going to cost you but if it means you can keep your job it may be worth it.

[Chr1ske11y]

The dealership don’t hire bikes out and aren’t willing to loan me one when until mine is fixed.

& there doesn’t seem to be any bike rental places in my area.

Obviously I just want a bike to get to work and back, the process of getting a refund would be long but it’s good to know I’m entitled to one now as when I spoke with him earlier I didn’t know what to say, I was basically just told “well these things happen”.

I’m currently waiting to speak with the guy from the dealership, I will make it known that I now know my consumer rights and would like a refund if there is no alternative way of helping me.

[Muttly]

Good luck and keep us posted!

[Guest]

Good luck with it. Crappy situation especially with the commute.

[fastbob]

Sorry to hear about your predicament. What puzzles me is how the bike has gone from not starting to being ok then not starting again and then suddenly it needs an entire new engine. Did it smoke , rattle , clunk or go bang ? Something here doesn't add up . There are loads of reasons why a perfectly sound engine won't fire up that do not necessitate it's replacement . As I say , puzzling. Hope you get satisfaction.

[RantMachine]

Should let everyone know which dealership it was so we can all avoid them!

[BIKERDAD]

Here's something I done when iv been in a shop that's taking the pee .. ask to speak to the top man there .. once you told him about the need of a bike for your job and if he still says no .. (do this before you go in to the bike shop ) stand next to him and say excuse me a sec . And call trading standards... get the number before you go in to the bike shop.. when you chatting to the trading standards make sure he can hear you when they tell you about small claims sueing them stuff that will shit them up ALSO ask the trading standards would they like to chat to him AS THAT SHITS THEM UP as they will think your bullshitting him once he chats to them he find out your not .this might boot them in to gear also ask TS what if go to the papers with this will ..they be interested.. if TS say no dont do that just smile AND say ok .. no one like bad publicly like this..

[BIKERDAD]

Sort off i went in to Asdas and there was a massive toy unicorn (5ft tall my daughter loves them ) and the price was marked up as 3000p NOT £30.00 so I put it in the trolley went to pay comes up £30.00 so I said no its 3000p look at the price .. Now as I had gone.theo the check out asdas by consumer law must sell it to me for the price marked up ... i go it for £3. By do it what I said above ...

If I gone to customer services and asked is this right they would have said NO and taken it off me .. but as I went to pay for it its a different matter ..

Also it cost us £27 in wrapping paper lol . Joking

[Stu]

consumer law must sell it to me for the price marked up

 

Thats not actually true!

They can refuse to sell you something if they believe its wrongly priced!

 

In stores: If an item is priced incorrectly on the shelf, or scans at the wrong price at the till, retailers are under no obligation to honour it, under the Sale of Goods Act. They can offer the item at the correct price or refuse your money and withdraw the product from sale

 

https://www.telegraph.co.uk/finance/personalfinance/money-saving-tips/10602641/Price-glitches-Do-retailers-have-to-honour-pricing-mistakes.html

[Via]

3000p is £30 it's 100p in a pound so £3 is 300p

[fastbob]

consumer law must sell it to me for the price marked up

 

Thats not actually true!

They can refuse to sell you something if they believe its wrongly priced!

 

In stores: If an item is priced incorrectly on the shelf, or scans at the wrong price at the till, retailers are under no obligation to honour it, under the Sale of Goods Act. They can offer the item at the correct price or refuse your money and withdraw the product from sale

 

https://www.telegraph.co.uk/finance/personalfinance/money-saving-tips/10602641/Price-glitches-Do-retailers-have-to-honour-pricing-mistakes.html

 

I agree, this is a long held myth . If i remember correctly a price displayed is called an invitation to treat but the vendor can decline to sell anything to anybody if they choose not to . This does not rule out the possibility of a good will gesture but there is no legal requirement for a retailer to honour a mistake . In a similar fashion, if a bank accidentally credits your account with a sum of money it is not yours to spend and they would be quite within the law to demand its return if you did .

[BIKERDAD]

Opps one to many oooos lol . The bank one is right but there is one story in the paper that just what happened and the person with the money is refusing to give it back. As in was to believe it not.yours you had to but this one is not . I'll see if can find the link to the story ..

If you pay for the item and its wrong they have to sell it to you . They can't mark it up as £1 then charge you £2 ..but the other way round you can .. once you gone to pay its a different story ..

[Via]

If you pay for the item and its wrong they have to sell it to you . They can't mark it up as £1 then charge you £2 ..but the other way round you can .. once you gone to pay its a different story ..

 

Not quite, if they take the correct money (e.g. £30 in your case) for the item you can't demand lower price, but if they take the wrong amount then it becomes a contract and they can't then demand more money from you. That's why most online retailers don't bill immediately and do a pre auth instead so most misprices don't get honoured because they never took any money.

Dominos used to bill immediately and I got £75 worth of sides (and a large pizza) for £20 years ago when they mispriced them at 75p each

[fastbob]

If you pay for the item and its wrong they have to sell it to you . They can't mark it up as £1 then charge you £2 ..but the other way round you can .. once you gone to pay its a different story ..

 

Not quite, if they take the correct money (e.g. £30 in your case) for the item you can't demand lower price, but if they take the wrong amount then it becomes a contract and they can't then demand more money from you. That's why most online retailers don't bill immediately and do a pre auth instead so most misprices don't get honoured because they never took any money.

Dominos used to bill immediately and I got £75 worth of sides (and a large pizza) for £20 years ago when they mispriced them at 75p each

 

Urrgh , coleslaw , dough balls and garlic bread for breakfast dinner and tea for a month .

[Via]

Urrgh , coleslaw , dough balls and garlic bread for breakfast dinner and tea for a month .

 

I went for the decent sides; chicken strippers, wedges and garlic bread