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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46743
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a motorcycle that is three and a half years old, in

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I have a motorcycle that is three and a half years old, in excellent condition and serviced to manufacturers specifications. I noticed a pin-hole leak of oil coming from the actual Head, seeping through the casing. I am aware that this can only happen due to a manufacturing flaw, but the motorcycle is 18 months out of warranty. I bought it as a second user from a reputable Motorcycle Garage 23 months ago. The leak has only been spotted for the first time this week, because for once I did not clean it immediately after my ride out and spotted it then, normally, I always clean it immediately. I contacted triumph Aftersales directly and their reply was " It may be a manufacturing defect or it may have another cause. However we are rejecting the claim as the bike is a long way out of warranty and does not meet our criteria for goodwill support". Do I have a claim as the work would cost over £2000.
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 11 months ago.

Have you contacted the motorcycle garage about this?

Customer: replied 11 months ago.
they say after 2 years an 9500 miles they are not liable
Expert:  Ben Jones replied 11 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Customer: replied 11 months ago.
My view is someone must be liable, either it is a manufacturing fault or the sellers fault under the sale of goods act for example. I know I have had the bike a while but it is not a fault that would just develop or due to damage or servicing issues, it can only be from the manufacturing process.
Expert:  Ben Jones replied 11 months ago.

Many thanks for your patience. When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.

The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale. So your rights here are solely against the seller.

If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:

1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed.

2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience.

A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale.

As you appear to be too late to reject the goods, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses, remembering it is for you to prove that this was a fault which existed at time of sale.

This is your basic legal position. I have more detailed advice for you in terms of the steps you must follow should you decide to take this matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46743
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Hi Ben, Thank you for this, I would like to discuss with you further if possible as I would like to know do I take action against the Garage I purchased the item from or the manufacturer and I am more than happy to take them to a small claims court and seek the judgement of a judge should this be the only route.
Expert:  Ben Jones replied 11 months ago.

Thank you. If they refuse to assist then all you can realistically do is carry out the repairs yourself and hold the seller responsible for these costs. You cannot pursue the manufacturer.

Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

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