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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 53711
Experience:  Qualified Solicitor
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I purchased a 4 year old motorcycle (£11k) from a

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I purchased a 4 year old motorcycle (£11k) from a manufacturer backed dealer, based upon testing their demonstrator (new) of the same model. It rides markedly differently, the principle difference is that at only one hour's riding the bike causes pain in my right elbow, enough to keep me awake that night.
I reported the problem to the dealer next day, told them not to process the paperwork as there is an issue. I was told to wait for two weeks for the manager to return from holiday. I rang again Monday when I did not recieve a call back, was told I would be contacted in 48 hours. I called on Friday as I had not heard anything, finally received a call back today, dealer doesn't want to do anything, as claims it's an issue of me changing my mind.
The bike is fitted with a non-ce marked headlamp protector that would fail an mot.
Do I go get an mot fail cert and reject the bike, complain to their head office or reject the bike for being materially different from the bike tested pls?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

When did you buy it?

Customer: replied 9 months ago.
Easter, three weeks ago

Many thanks for your patience. When a consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015, which states that the goods must be:

· of satisfactory quality – they must not be faulty or damaged when received

· as described – they must match any description given at the time of purchase

· fit for purpose – they should be fit for the purpose they are supplied for

So the key is trying to show that at least one of the above grounds applied and you can reject it based on these. The headlamp issue would be a minor concern and something that would be fixed relatively easy so do not rely solely on that to try and reject it. In the end , it would be a case of trying to argue that it was not fit for purpose as that would be the most likely ground on which you can try to take this further.

Your rights against the seller are:

1. Reject the goods and request a refund - this must be done within 30 days of purchase or delivery.

2. Repair or replacement – this can be done within the initial 30 days or after, if that deadline has passed and a rejection is no longer possible. If a repair is not possible or has failed, the goods can still be rejected for a refund, or if the consumer wants to keep them, they can ask for a price reduction.

Based on which option you are wishing to exercise, you must contact the seller and advise them. If they refuse to discharge their legal obligations under consumer laws, you should remind them of these as per the details above. If they still appear reluctant to assist, write to them one final time, warn them that they have 7 days to comply and inform them that if they fail to honour your legal rights, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the options you have if they refuse to take it back. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a quick second to leave a positive rating by selecting 3, 4 or 5 stars above. The question will not close and I can continue with my advice as discussed. Thank you

Customer: replied 9 months ago.
All good

Thanks and all the best

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