LEGAL HELP
If you have a legal question you would like answered, please click here to complete a simple form and our team of lawyers will try to answer your question.
Had a seriously scary moment on my brand new (manufacturers details withheld) bike when decelerating at motorway toll booths , my back wheel locked up solid.
I took the bike, still under warranty to another franchised dealer, who told me the lock up was caused by a "foreign object" in the gearbox. I have never touched the gearbox, and luckily the bike came to fairly safe stop.
Now here is the problem. I do not want that pile of shite back. What else is wrong with it? The original dealer and the manufacturer are playing pass the parcel with my bike. Summers coming up and I am bike less. I am still paying the finance, and I have no bike. What do I do now?
See a solicitor. If you want to deal with this yourself you will need a fair bit of knowledge about consumer law and consumer credit law.
If you bought the bike on the HP as opposed to through a loan, you can also refuse to pay the HP company but this can get very complex . It will depend substantially on the small print of the agreement and some eyewateringly complex sections of the Consumer Credit Act. Then the fun really starts.
You will want your money back and the HP company will start threatening your credit rating. If the HP company report you as a bad debtor, without reporting the full background they have libelled you.
Give the Dealer 21 days to refund the full purchase price, and the HP company 21 days to confirm they will refund your payments to date and write off the rest of the period, otherwise sue the dealer. The dealer is easier to sue without a solicitor.
You will need evidence from an independent engineer about what caused the problem. You are getting into a tricky area of law, and you do need professional legal help. What is undoubted is that the bike at less than 6 months old can be rejected. If it was not for the HP you probably would not need a solicitor.