Hi,

I have an 18 year old son who has saved up for a very long time as he's still in full time education, to get a scooter for the first time.

He went to direct scooters. and bought a 125cc scooter.

He didn't go to the bottom of page and click terms and conditions etc and read all the small print.

The bike came around 11 days ago the day before we were due to go to London for the week.

It arrived by lorry and

when it came out it was in a huge cardboard box much like you get a bicycle in.

It was dumped on the pavement and the lorry left.

We couldn't budge it and found inside the box a very heavy large metal crate which the bike was inside.

We managed with three male neighbours to get the crate onto my patio and went to London.

When we came back it took 3 people to get the crate off etc.

When we saw the bike we found a huge dent in the exhaust pipe,

the matting that you put your feet on was covered in mud

and was damaged

and was not clipped down as two of the clips were broken.

It had been ridden for 4km by someone.

There were some scratches on it but nothing major.

No license plate and the wing mirrors, battery etc all had to be put on by us although we haven't done that yet.

Nobody has even sat on it.

Firstly discovering it was a chinese import was worrying but after looking it does say in one of the pages of terms etc that they import from china and india.

I contacted the company via email as soon as we saw the damage and they asked us for photos.

I had to wait for 2 days for my son to come home from a trip and this morning we sent the photos.

the email back i got was:

DIRECT BIKES

You received your bike on 21st February 2014.

You first informed us of any issue with damage etc over a week later on 1st March 2014.

The terms and conditions of sale clearly state:

12.1 If the goods we deliver are not what you ordered you shall be deemed to accept the alternative goods delivered to you instead of the goods as ordered unless you notify us of the problem in writing by recorded delivery to our contact address set out in clause 1 or email to in each case sending that notification within 24 hours of the delivery of the goods in question.

12.2 If the goods have been damaged or shortage upon receipt you agree to notify us of that damage/shortage in writing by recorded delivery to our contact address set out in clause 1 or by email to and in each case you agree to send that notification within 24 hours of the delivery of the goods in question.

You have not adhered to the terms and condition reporting the alleged issue within 24 hours of receipt. Under the circumstances we are unable to assist.

In turn, any such chargeback will be unsuccessful and are more than happy to pass this supportive information directly to your card company if required.

This is our final position regarding this matter.

Is there nothing we can do at all?

I realise there probably isn't but we didn't see the 'have to contact us within 24hours' part and wouldn't have even seen the damage in that time as it had not been taken out of its crate.

Is there any law in this country that wipe out the 24hour part of their terms if the bike is damaged and not as described?

The response in itself is odd coming from a supposed reputable company.

They asked us for proof and as soon as we sent it we get the rude response.

Also stating that they will tell my bank the rules of chargeback peeved me.

Hope someone can help

Thanks

Forgot to add that the reason they give for no license plate is that if they were to register it themselves and put on license plate it becomes second hand.

Hi and welcome to CAG

Under the distance selling regulations you had 7 WORKING days to examine the goods. So no weekends of bank holidays. Irrespective of DRS, the goods are covered under the sale of Goods Act. Mainly 'item not as described or damaged'. Their terms and conditions are unfair and can be challenged under the CPUTR (Consumer Protection from Unfair Trading regulations)

As the bike was delivered damaged, the seller has a responsibility to remedy this by either sending another bike or collecting the damaged one and giving a full refund.

As for the number plate-rubbish. You don't pick up a car from a garage without number plates.

Thank you for the reply. What should i do now as they won't respond to me at all? Do I phone trading standards or go through my bank? There is no way we can get it back in the crate etc. Not sure where to even start with this.

Thanks for the help

Do not ring them. You can email but I prefer to write a letter. If you do so, write to:

THOMAS GOOLNIK (the current director) at

DIRECT BIKES LIMITED

5 ELSTREE GATE

ELSTREE WAY

BOREHAMWOOD

HERTFORDSHIRE

WD6 1JD

This should be a formal complaint as they are refusing you your rights. If you so choose, you can reject the bike.

You could try and contact Trading Standards.

ok thank you for the help. I won't telephone and will write or email instead. I wish I could reject the bike but we had to take it out of the huge metal crate it was in to even see it and it would be impossible to get it back in.

Does not matter. You had to take it out to inspect it. If you cannot get it back in, that is their problem, not yours. It is damaged. They may offer to supply the parts required to repair but as the seller, they are fully responsible to do so. They cannot expect someone with little or no experience to be able to do repairs.

Something you mention. That it has 4k miles on it ?

That is far from 'new'. I would hazard a guess that it's been sent out before, returned and they have sent it to you.

How could it cover 4km without plates.

Reject it as not as described, damaged under soga. If seller does not play ball take small claims action.

How was it paid for?

If with a Credit Card then you could involve the Credit Card company as well as they'll be jointly liable I believe.

valerie2014 - I have sent you and email about your unfortunate experience with Direct Bikes.

Please do respond - and also please do come back to the forum and tell us what has happened so far.

It is clear to me that Direct Bikes's contract is calculated to deprive you of your contractual rights as provided under the Sale of Goods Act.

The terms of the Direct Bikes contract are unenforceable insofar as they apply to deadlines for reporting goods wrongly delivered or goods which are delivered in damaged condition.

Also I am very curious as to how an apparently new vehicle - unlicensed - can have 4km on the clock. It think that itself deserves questions to be asked and an explanation to be given.

I know that this forum is monitored by Direct Bikes and maybe they would like to come on to this thread and tell us all about it.

http://www.scootershack.co.uk/threads/headlight-and-rear-light-direct-bikes.20149/

http://www.sheffieldforum.co.uk/showthread.php?t=876100

http://www.justanswer.com/uk-law/5crfg-16-year-old-son-bought-new-scooter-direct-bikes-but.html

http://www.sheffieldforum.co.uk/archive/index.php/t-876100.html

thats a shame - i have this one

This is a better photo of the bike i have in silver.

davidlodger, I have unapproved your last post as what it contains could be a credit/debit card number and if so will be visible to all. Can you confirm what the number was?

davidlodger, I have unapproved your last post as what it contains could be a credit/debit card number and if so will be visible to all. Can you confirm what the number was?

Also went out quoted in email notifications, so if it was a card number I suggest you have it blocked asap.

Hi Silver, phew! I pasted the wrong thing in, thanks.

Also went out quoted in email notifications, so if it was a card number I suggest you have it blocked asap.

Excellent point but I am not sure anything can be done about it now it is in an automated email sent out.

I will raise this with the 'higher ups'

Have cancelled the card already just in case, thanks again.

Have cancelled the card already just in case, thanks again.

You have done what I would have advised so good on you.

I purchased a scooter from Direct Bikes i received the scooter but 2 weeks have passed and i still haven't received the paperwork they have said they sent them three times and the last time was recorded delivery that was five days ago i just called them again and the couldn't give me the recorded delivery number the bike is useless without the certificates i'm pretty lost with what to do as they just jeep saying they will send more out that never arrive

I purchased a scooter from Direct Bikes i received the scooter but 2 weeks have passed and i still haven't received the paperwork they have said they sent them three times and the last time was recorded delivery that was five days ago i just called them again and the couldn't give me the recorded delivery number the bike is useless without the certificates i'm pretty lost with what to do as they just jeep saying they will send more out that never arrive

better you start a new thread

of your own.

dx

Is there any updates to this thread?

It would be nice if we have a result.

Don't give up and fight them all the way. Direct Bikes try to bully all into submission and think that by denying everything you will go away, the also try to hide behind their email which is the only way you can contact them. Following the various threads and comments on different forums this usually succeeds.

They have to abide by the laws of this country which includes the Sale Of Goods Act and they cannot override your statutory rights, no matter what their contract or warranty says. The terms need to be fair and reasonable. If necessary take them all the way to the Small Claims Court, it will be worth it if you win in the end.

Anyone know how long they take to deliver? it says 3 days on their website. its now been nearly 2 weeks since i ordered and still no delivery.

Hi I wonder if any one can help me I bought a new scooter of direct bikes. I have had a lot of problems with the bike from day 1 but after I contacted them for spare parts they said my warranty was void because I didn't service the bike after 300 km . I assumed that the bike was new and as long as I run it in that would be ok so I payed for the parts myself and carried on more problems came so in the garage again it went more expense for me and to top it all it's in the garage now but can't be fixed as the engine has siezed once again I contacted direct bikes as the bike is only 7 months old and for the engine to cease up is unheard off. Direct bikes said the same again not serviced so they won't help just wondering if there is anything I can do the bike is newish for it to break is a complete joke

Hi I wonder if any one can help me I bought a new scooter of direct bikes. I have had a lot of problems with the bike from day 1 but after I contacted them for spare parts they said my warranty was void because I didn't service the bike after 300 km . I assumed that the bike was new and as long as I run it in that would be ok so I payed for the parts myself and carried on more problems came so in the garage again it went more expense for me and to top it all it's in the garage now but can't be fixed as the engine has siezed once again I contacted direct bikes as the bike is only 7 months old and for the engine to cease up is unheard off. Direct bikes said the same again not serviced so they won't help just wondering if there is anything I can do the bike is newish for it to break is a complete joke

would be better if you start a new thread

of your own

you wont get seen here

dx