Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
On Saturday I test rode a motor cycle at a dealership. The bike is an 02 reg but has high mileage. It seemed a good deal. I was told by the dealership that the bike ran "sweet as a nut" but was not taken very good care of by the previous owner. The previous owner layed the bike down causing cracks in the fairing, but it has not been in an accident. THe dealership sold the bike from new so they new the full history of the bike.
During the ride, I pointed out some problems with the bike such as engine noises, and was told they would be fixed.
I turned up on Sunday to collect it, and was told everything was taken care of. Stupidly, I didnt road test it again. I handed over £1000 cash and the rest on a credit card. I got a formal invoice.
10 miles after leaving the shop the bike died. It had to be recovered by the RAC. I called the shop and was told it is probably just a blown fuse. I also found an oil leak underneath, and upon closer inspection the entire bike has been resprayed (badly). I suspect accident damage but it IS HPI clear.
The dealership is collecting the bike on Tuesday from my house.
What are my rights?
I have told the dealership that I want to reject the bike according to the Sale of Goods Act. Do I have the right to demand a full refund at this stage? Do I need to expressly tell him that I want a refund and NOT repair BEFORE he collects the bike?
As the regs say that you have 'for a short time', I don't think that anyone can argue that 10 miles is not a short time, so you have every right to reject the bike for a full refund.
Fuses don't blow for no reason and the cause should be investigated and the fuse not simply replaced with a heavier one.
You can also do a chargeback for the amount paid on your cc.
It is always best to make it clear of your intentions.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
Make it clear that you do not want the bike back and that you want a full refund.
As a sweetener you may suggest that you would consider another bike that they have, once you have been refunded, but stick to your guns.
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
I have made my intentions clear to them in writing...I have rejected the bike, as it is not up to the standard that a reasonable person would expect from a retail shop. I want a refund; I will be claiming a chargeback for the portion paid on credit card; if I dont get the remainder refunded I will seek further action.
The owner is on holiday this week, something which I knew about 2-3 weeks ago, so it is genuine. I need to speak to him tomorrow and see if I am getting my refund.
Motorcycle Mistake
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