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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice
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Hi Please can you advise me on the next steps I need to take

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Hi Please can you advise me on the next steps I need to take or if I have any rights to claim a refund
I was looking online for a new Moped for my daughter, when I found a website called Motorbike Madness, after seeing a Moped Bike on their site and finding they were in our area I phoned them up to enquire about the specifics of the make of the bike ect, as I informed them I did not want another Chinese made bike I was assured it was an Italian make but built in China so I purchased the Moped bike only to find out on the day of delivery that it was in fact not only a Chinese made bike but it was the exact same engine as the 1 she already had and had problems with since week 1 of owning. So II phoned the company up to verify a few things 1 of which was has the bike been despatched for delivery and I was told no. So I then cancelled the bike telling them I now longer require it as I was misled on the exact make of the bike. after many emails they are still refusing to refund my money and are also trying to charge me storage fees. Please Help.
Julie Hale
Thank you for your question. My name is ***** ***** I will try to help with this.
Sorry if Im missing the point but I thought you said they told you that the bike was built in China?
Customer: replied 3 years ago.
yes I was told it was an Italian bike but put together in china so all parts of the bike were Italian
Did they actually use those words ? Or go into that type of detail?
Customer: replied 3 years ago.
they said it was an Italian bike just made in China as are all bikes and yes they did go into type of detail because I explained I didnt want a Chinese bike
The question here is whether or not this amounts to a misrepresentation.
Unless they are going to life through their teeth over this, they would have to accept that there was some conversation of this nature.
The question really is what does a reference to a chinese bike mean. I think that if this involves the use of Chinese products and labour then a court would have to conclude that does amount to a misleading statement if not a false one.
Either way though, if they refuse a refund then your only option is to sue. There is no other way of forcing them to comply with the law. Its probably a small claims court sum so it will be cheap enough to sue.
You should really send them a letter before action though giving them 14 days to refund you and making clear that, in default, you will sue.
Can I clarify anything for you?
Customer: replied 3 years ago.
Thank you for your help I will draft up a letter to send to them as they are refusing a refund and I will continue to sue
No problem and all the best.
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