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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74357
Experience:  Qualified Solicitor
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I bought a second-hand motorbike and within seven months of

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I bought a second-hand motorbike and within seven months of normal road use the piston failed I brought it back to the dealership, and they said that the 12 months extended warranty that I purchased for £280 would only cover the first £1000 and that I would have to pay an excess of 4K+. (Which was only a guess as they did not diagnose the problem in detail.) I wrote a letter stating that they should fix this free of charge under the consumer's right act 2015, but they refused and replied that I can set up a payment plan to spread the cost (which the amount was still unknown at this point). So I got an independent diagnosis report, and it states that this is not the consumer's fault but a mechanical/Manufacturing fault. The report also says that the total repair would come to 18K just in parts. I would like to know if I have grounds to claim anything through small claims?
JA: Because consumer protection law varies from place to place, can you tell me where this is?
Customer: UK London
JA: What steps have you taken so far?
Customer: I have sent an initial letter and got an independent diagnosis report
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No htaks

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How did you pay for it? Please note this is not always an instant service so I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. Thanks

Customer: replied 1 year ago.
The total cost of purchase was 14k with 8k cash down and the rest on finance.

Thank you. Your understanding under law is correct. When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer law, specifically the Consumer Rights Act 2015, which requires goods sold by a business seller to 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

If the vehicle does not meet the above requirements, the buyer will have certain legal remedies against the seller. Also note that there is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.

The rights against the seller are:

1. Reject the vehicle 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 vehicle can still be rejected for a refund, or if the consumer wants to keep it, they can ask for a price reduction. If asking for a refund or a replacement, the current value of the vehicle will be used, taking into account any depreciation in value for usage by the buyer since purchase.

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.

Does this answer your query?

Customer: replied 1 year ago.
thanks. So if I choose to have it repaired can this be done free of charge by the dealership.
Customer: replied 1 year ago.

Yes it should as that is one of your rights under law.

Does this clarify things a bit more for you?

Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
perfect thank you

All the best

Customer: replied 1 year ago.
hi again
Customer: replied 1 year ago.
I contacted the dealership and their reply ,Un fortunately after six months of ownership the responsibilities for mechanical issue lies with the customer or with the warranty that was purchased ,subject to terms & conditions , at the time of purchase .this can be confirmed on numerous websites on-line such as the AA using this link https://www.theaa.com/car-buying/leg
Customer: replied 1 year ago.
Is this correct? That I have no right to claim for a refund or a repair free of charge after 6 months of ownership. I have owned this motorcycle for 6 months and 3weeks.

No, this is not correct. The only thing that changes is that after 6 months it is no longer assumed that the issues were present at the time of purchase and it is now up to you to prove otherwise.

Customer: replied 1 year ago.
Hi Ben, I received the diagnostic report for the motorcycle. I contacted Chiswick Honda with this, and their response was,"The law presumes this as the seller has no control over how the buyer uses and maintains, in this case, their bike and of course the seller should not be held liable for anything the buyer does or does not do in this time.
The report you have sent does not evidence that there was any fault at the point of sale. It does not conclude how the issue with cylinder 3 occurred. It does say it was not caused by wear and tear, misuse or accidental damages but fails to say what has caused it.
There is then no evidence of any fault at the point of sale which means our client has no
liability.I'm not sure I can prove this was present at point of sale but there still offering to fix the bike. At this point do I have any chance of getting any money back as the cost to repair have exceeded the worth of the bike. (stated in the diagnostic report)

Hello, thanks for getting in touch. We do kindly ask that customers post any related follow up queries within 7 days of submitting their original question. After that time, if you need further support, we kindly request that a new question is posted as we cannot offer indefinite assistance under one query. If you need any further help on this matter please post it as a new question on our site, starting it with 'for Ben Jones' as I am familiar with your case and can deal with it most efficiently. Many thanks