Returning a motorcycle

[neural9]

I've bought a Yamahax TMax two weeks from a local friendly dealer. I bought it over the phone and picked it up from the dealer the day after.

I was sold on these points by the dealer:-

• I need to ride 107 miles to my place of work and back on a single tank of fuel
• I need space to put two helmets in
• I need space to have a suit

The motorcycle doesn't cover these points and I informed the dealer that I was returning it after 6 days of having it. The dealer tried to compensate me by selling me a top box at half price to give me the ability to put two helmets in which I took.

The top box was added yesterday when I took it in for it's first 600 mile service.

Going to work this morning, with a total of 620 miles on the clock, the bikes oil pressure warning light comes on and I have to be rescued by the RAC at 3am this morning. I've then had to go home and get a car to go to Cambridge for work.

I obviously don't want to keep a bike that has had problems within its first couple of weeks and one I was 'oversold' in the first place.

Couple of questions:-

Can I just quote the SOGA and tell him to keep the bike?
Do I need to invove a solicitor immediately? The dealer won't want to accept the bike back.


Many thanks,

Rob!

[raydetinu]

Why purcahse something like this over the phone?
did you put any of these conditions in writing as a condition of the sale?
Whats wrong with the bikes oil pressure, have they told you what the problem is, low oil level, pump. bearings? until you know I dont think you can reject it yet!

[neural9]

Purchasing over the phone gives me certain rights with regards to distance selling.

I did not put anything in writing at the time of purchasing. SOGA takes into account verbal agreements as far as I can tell. I since have email corrospondence and actions (i.e. the discount) that I feel infers the dealer was aware of my circumstance before purchasing.

It is brand new so should not have any faults. Becaue it is brand new and has faults that I would consider not befitting a new motorcycle, I would have thought that SOGA would say that it is not fit for purpose.

Any thoughts?

[raydetinu]

IMO I do not think you can reject it until you know whats wrong with it! new things go to and if a simple fix then OK if engine gone bang then yes I would agree get your money back and that should not be a problem.

How did you pay for it, credit card or transfer if over the phone; the bank may be able to help if you get in a dispute to recover cost.

[Conniff]

Check the oil level, new vehicles tend to be very heavy oil users until they are run in.

[neural9]

After dealer dragged it back in, it actually turns out a different problem. I booked it in on Monday for its first 600 mile service, and they didn't actually bother to service it. they put the top box on etc, but didn't change oil or do whatever they normally do.

As a result I've asked for some compensation to cover the trouble it's caused me by being without my vehicle for a week while I'm away on work.

[JonCris]

are you saying that your oil pressure was low after the supposed service?? In other words they didn't check the oil