Clearly, the bike is not in "lovely all round condition" as per his advertisement. You are due a refund, no question about it. If you are a consumer, you have very strong rights under the Consumer Rights Act 2015.
The law states that if you purchase a used vehicle from a dealer you have rights under the Consumer Rights Act 2015, which states that the vehicle has to be:
· of satisfactory quality in that it must not be faulty or damaged when received
· as described in that the vehicle must match any description given at the time of purchase
· fit for purpose in that it should be fit for the purpose intended
Clearly, the bike was not "as described".
If the vehicle does not meet the above then you will be able to enforce your rights and sue for your money if the dealer refuses to give you the money back.
The rights against the seller are:
1. Reject the vehicle and request a refund which must be done within 30 days of purchase or delivery. You are within this timeframe so you should request a rejection for a full refund.
2. Repair or replacement and this can be done within the first 30 days or after, if that deadline has passed and a rejection is no longer possible.
You need to contact the dealer and demand the refund for the purchase price plus your costs of delivery, etc. If they refuse then I would advise that you report them to Trading Standards (tel: 0808(###) ###-#### and commence legal proceedings via the money claim online site (www.moneyclaim.gov.uk) for your money back.
Before you do this however you should send them a 14 day letter before action to warn them of your intentions, to allow them to avoid litigation and resolve this dispute. I attach a template letter for you to use which will hopefully resolve the dispute.
Please let me know if you have any questions about this.