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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69523
Experience:  Over 5 years in practice
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Hi, Im not sure if its a legal problem but I hope you

Customer Question

Hi,

I'm not sure if it's a legal problem but I hope you can help.
The problem is that I bought a motorbike last year august. Since the day
I bought it I had problems. And the first day I picked up the bike from the dealer the bike stalled several times. They took it back and said they repaired it. Once I got the bike back it stalled again after and during I drove the back. They took it back and fixed. Last year in October I left my drive away and as icy conditions I dropped my bike right outside my house. I got the bike recovered now about to weeks ago as the bike was in storage over 5months. They had bike now since two weeks and I got I back yesterday. I took it out for a test ride and it stalled again. Now it seems there's a electronic problem. I completely lost the trust in the bike and in the dealer. Can you advice if I'm entitled for a new bike and give this one back as there's always problems with it.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How much did you pay for the bike please?
Customer: replied 2 years ago.
The total now is 6000.
Customer: replied 2 years ago.
I hope you received my answer.i logged into my old account now but I can't see the question I asked you as I didn't log in when contacting you first. I hope I will still receive your reply. My email [email protected]
Expert:  Jo C. replied 2 years ago.
No, I didn't see it so thanks for the remdinder!

Did you buy from a dealer?
Customer: replied 2 years ago.
yes I did. Ktm dealer on Croydon. brand new buke
Expert:  Jo C. replied 2 years ago.
Thanks.

If this genuinely is a brand new bike then it clearly is not fit for purpose.

It used to be that new motorbikes were rarely within the small claims court arena but the bandings have been changed so you could litigate over this fairly cheaply.

This is a purchase to which the Sale of Goods Act applies. That will mean under S14 SGA it must be ‘fit for purpose’. That does not mean perfect but it does mean reasonably good with reference to the price you paid for it, its age and history. This is a fairly recent purchase and it wasn’t an insignificant price. Clearly it is faulty and they seem to accept that by offering a repair so that should be no difficulty.

You do have to reject anything you purchase under the SGA which has a fault if you have not already ‘accepted’ it. What it means to ‘accept’ an item depends on the nature of the purchase, the price of the item, the length of time you’ve had it.

It is possible that a Court could say you have accepted this vehicle given that you’ve had it since August. The dealership will probably argue that. However, there are cases that allowed for much longer periods of time but generally they involved fairly catastrophic failings with the vehicle.

The fault was, however, discovered within the first six months of sale so there is a presumption in your favour that it existed at the time of sale.

You do have a right to demand either a repair or a like for like exchange. The dealer can only refuse one or the other if he can show that the remedy is impossible or disproportionate. He is probably relying on the latter.

However, under the SGA, if he fails to act within a reasonable time or causes you unreasonable inconvenience, you are entitled to ask for rescission of the contract and a full refund or a price reduction.

You do seem to be describing nearly a five month long repair which is significant so you could try to claim a refund on that basis.

Ultimately if they refuse though, they cannot be forced to provide you with an exchange. All you can sue for is damages in default. You will be able to do so cheaply here

www.moneyclaim.gov.uk

Hope this helps. Please let me know if you need more information.
Jo C., Barrister
Category: Law
Satisfied Customers: 69523
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for your answer. I just wanted to check. Under SGA. aren't they only able to fix it 3 times only. And if still not fixed then I can refuse the bike? Also do you think I can ask to give the bike and stop my financing. As bike is bought with 4yr finance plan
Expert:  Jo C. replied 2 years ago.

Its a bit more complicated than that but there is case law that has suggested that although it does have to be three times for the same fault - essentially its a complaint that you have lost faith in their ability to fix it.

You don't escape the finance agreement unless they guaranteed the bike.

But they may replace the bike or should refund you the full cost in which case you could repay it.
Customer: replied 2 years ago.
So what do you think is the best to do. You see every single time I give it back it takes 1 or 2 weeks. And I loose a lot of monry
Expert:  Jo C. replied 2 years ago.
Just tell them you are rejecting it under the SGA and seek a like for like replacement or a refund and in default you will sue.

They won't agree but if you sue there will be a resolution of the matter.
Customer: replied 2 years ago.
Thank you
Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.

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