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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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I bought a new motorcycle spec sheet stated top speed of 65mph

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I bought a new motorcycle spec sheet stated top speed of 65mph the actual top speed is only 50mph there has been many faults with the bike including oil leeks which were not repaired while under wanenty I have asked for a refund and threatened court action do I have a case tthank you P.King ***@******.***
Thank you for your question. My name is ***** ***** I will try to help with this.
Is this a restricted bike?
I presume this is a 125?
Customer: replied 2 years ago.
Yes it is a 125 bought new 2014
Are you riding on a CBT?
Customer: replied 2 years ago.
Have you had it serviced?
I presume it wasn't brand new when you bought?
Customer: replied 2 years ago.
Yes it has been serviced, ,twice by the motorbike warehouse from ware l bought it brand new .l did not follow with the third service as I by this time I had already asked for a refund and the bike still had an oil leak
I'm afraid a full refund is not realistic. This is a bike that has been owned for at least a year now.
If this is a restricted bike then the top speed is not really the best point. Restricted bikes by definition do a lower speed.
However, it might be evidence of another problem and that would give rise to a claim.
Certainly there is a claim for the cost of repairing the oil leak and other problems actually presenting. You would need to get them repaired though and then sue for the cost.
Can I clarify anything for you?
Customer: replied 2 years ago.
What might the other problem be
Well, it could be anything.
That is a mechanical question really rather than a legal one.
I had a bike once that used to slow down until I worked out that the handle bar grips were applying the brakes at high speed when the wind struck them.
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