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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71037
Experience:  Over 5 years in practice
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i bought a motorbike less than 3 months ago and have done less

Customer Question

i bought a motorbike less than 3 months ago and have done less than 2000 miles and about 11 days ago was on a daytrip to the lake district with my stepson as pillion passenger when we was travelling at about 50 mph the rear suspension completely collapsed causing me to lose control of the bike further investigation after i eventually got home the rear suspension was faulty the bike garage where i bought it have now got the bike refuses to give me a courtesy bike and havent told me when it will be ready and will not compensate me in anything if this would have happened on a corner i probably wouldnt be here the garage was suppossed to have serviced this prior to me collecting it anyway thats in short what can i do about it as i have no bike now im out of pocket and have no idea what there doing about it?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

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

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Did you receive a warranty with the bike?
Customer: replied 4 years ago.

yes a 6 month warranty

Expert:  Jo C. replied 4 years ago.
Thanks for the information.

Does the warranty guarantee you a courtesy bike?
Customer: replied 4 years ago.

no but there again i didnt expect the bike to be faulty and nearly kill us if it had been serviced and checked properly this wouldnt have happened it was a bearing that was siezed that hadnt been greased and was probably like that when i got it as 2000 miles wouldnt cause that to happen

Expert:  Jo C. replied 4 years ago.
No, and I do understand why you are furious about this. They may well offer something in the interests if good business but in terms of what you can force at court there are substantial limitations.

Unfortunately the SGA doesn't give you a right to demand a courtesy bike. It does give you a right to demand that any work be done without causing you substantial inconvenience but not specifically a courtesy bike.

You also don't have the right to consequential losses under the SGA but you do have a legitimate claim for the cost of returning the bike.

Also, you could drop down under the general law of contract and try to argue there is an implied term in the contract that this bike would be of a reasonable standard. The advantage of that is that you could claim for consequential losses.

Can I help further?

Customer: replied 4 years ago.

so what would you do? as i have lost 200 pounds in recovering the bike back to the garage and i am without a bike and dont know when im getting the bike back and cant go away anywhere at the weekends? i just want to know what i can do am i best to get a soliciter to write them a letter as far as im concerned it isnt an accident as it should never have happened the motorcycle wasnt fit for the purpose it was sold for, me and my son are lucky to be here i just dont trust the garage and there customer care isnt even worth mentioning as they dont have any? why should i have to suffer the financial cost and be without when it wasnt my fault?

Expert:  Jo C. replied 4 years ago.
There's very little point in getting a solicitor to write to them. It will cost about £100 and you won't recover even at the small claims court

You can always complain to trading standards.