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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48202
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Purchased a new Motorcycle on 21-07-16 Bike was too heavy

Resolved Question:

Purchased a new Motorcycle on 21-07-16 Bike was too heavy after 10 days I injured my right arm manhandling it in my drive I went back to the dealer on 12th day and asked him about trading it in with 312 miles on clock as I cannot move it in and out of garage due to the injury. He offered me £3625 less than I paid, I was then told I would have to pay a restocking fee to Kawasaki for the topbox they had ordered at 20% which was £280+vat. I told dealer rep I wasn't paying as I was cancelling the order. I have since (05-08-16) signed an agreement to exchange for a smaller bike but still lose the £3625 I haven't taken delivery of the new Bike and I don't like the way the dealer lied to me about the re-stocking fee as he never mentioned it at time of the order and my contract was with him not Kawasaki.
My Question is this: Can I still cancel the new Bike contract as I haven't received it or seen it yet?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year 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 1 year ago.

Based on what you have described, would you be ideally wanting the cost of the bike back, less the deduction?

Customer: replied 1 year ago.
Hello Ben
I didn't expect such a huge loss, can I rescind the contract by 19th Aug?
Customer: replied 1 year ago.
Hi Ben I wanted to know if I'm out of time by Friday 19/08/16 to cancel the new sale agreement I signed on 5/08/16 (its basically a straight swap of bike with me still losing £3625 off the bike I bought new on 21/07/16?
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. Your rights on cancelling will depend on where you signed the contract for this replacement. If you signed for this online, agreed it over the phone or at your house then you will benefit from the automatic 14 day cooling off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. However, if you had signed the contract at the dealer’s premises then you get no automatic cooling off period unfortunately and you can only cancel if the contact between you provided for a cancellation option and you followed that.

If you do not have the right to cancel then doing so could place you in breach of contract. Whilst no one can force you to have the new bike they could potentially pursue you for any losses arising from your breach, such as difference in sale price if they could only sell it for less later on. This would also depend on whether they actually go ahead and claim against you because they can only force you to pay up if they go to court and win. Majority of people would not go that far so you could take the risk.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Many thanks, ***** ***** done online/phone from my home. So it looks like I can rescind the contract on Friday if I choose to.
Expert:  Ben Jones replied 1 year ago.

Yes the sooner the better really, get back to me if you need further assistance