Brand new bike full of rust from Victor Devine motorbikes Glasgow

[djrikki]

Hi there, a couple of friends who use this site recommended I make a post about a problem I am having with a brand new motorbike I bought.

 

I bought my new bike on the 6th of November from Honda dealership Victor Devine in Glasgow. 3 days later I was proudly showing it to friends and almost instantly one of them (an ex motorbike mechanic) pointed out a rough patch on the top of the fuel tank which turned out to be rust coming from the inside of the tank outward.

 

He said not to delay but to get in touch with the dealership and get it sorted, he also said to get the full thing checked out as something as apparent as that should have been spotted on the PDI check and if its been missed or ignored the rest of the bike needs looked at.

 

I had a quick look around the bike myself in more depth later and found the tax disc holder was also rusted right through. Having had the bike 3 days out of the showroom alarm bells started ringing. I emailed the dealership and they said to bring it in to check the problems, I did this and their camera wasnt up to the job of getting proper photos so while there and to avoid a wasted journey I asked if they could give the bike a once over to see if there were any other faults. They said they didnt need to and when it came in for a new fuel tank they would look at it then - a bit odd I thought as any problems found would mean another visit for me to get the next batch of issues resolved.

 

When I got home I decided not to wait and looked at the bike myself with a torch. It was at this point I found a whole batch of problems with it including :

 

- The fuel tank had corrosion on the top area, having started from the inside of the tank outward.

- Corrosion was dripping down the white side panels of the bike from the side of the tank.

- The tax disc holder was corroded through.

- There was corrosion on the bottom of the yoke plus impact damage from being hit with something repeatedly during installation.

- The paint had cracked and peeled off from the welds on the frame/chassis.

 

I have some photos but can't link them as I'm a new user. But you can paste them into your browser here:

 

setcompanyglasgowltd.com/bike/bz1.jpg

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setcompanyglasgowltd.com/bike/bz9.jpg

setcompanyglasgowltd.com/bike/bza.jpg

setcompanyglasgowltd.com/bike/bzb.jpg

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i.imgur.com/BEyFiMo.jpg

i.imgur.com/M7eCOB8.jpg

i.imgur.com/zas69GW.jpg

i.imgur.com/Clbfres.jpg

 

Finding all these problems on a brand new bike shattered my confidence in the vehicle totally. Im not a mechanic and I dont know anything about bikes, so what other nasties could be lurking under panels or in areas hidden from view?

 

I asked the dealer for an exchange of another bike that had been fully checked or a full refund and they lied to me and said I wasnt entitled to that, all I could do was speak to Honda UK about warranty work as my contract is with them and the Victor Devine dealership is only an agent. I explained I had paid cash to them and hadnt bought direct from Honda or got finance but they still refused.

 

The dealer did tell me of another customer who had the same issues (with the frame corrosion) and that they (Victor Devine & Co) got a new frame from Honda, had it powder coated locally and the customer went away happy. I didnt like the sound of this but relented during the call as I just wanted to get out there and enjoy riding.

 

A few days later the dealer calls back and says they are no longer offering a new frame and that all Honda and themselves would do was - to quote "touch up the paint on the welds".

 

With a sizable list of defects on the bike and having bought it brand new from a dealer and from a company as big as Honda I thought this was a really bad way to treat a customer who had just bought a fairly expensive product (though of course not expensive in terms of bikes).

 

Added to that I'd already had a chat about upgrading to a bigger bike after winter with the guys at the dealership which would have meant more money for them plus I spent hundreds of pounds more on the day of bike purchase on winter jacket, winter trousers etc in their accessories department.

 

I spoke with the Citizens Advice Bureau and they told me I had been lied to when I requested to reject the bike, I also spoke with my lawyer who confirmed exactly the same thing that under the Sale of Goods Act 1979 (as amended) goods supplied must :

 

- Be fit for purpose.

- Be of satisfactory appearance and finish.

- Be free of minor defects.

 

Victor Devine & Co Ltd refused to accept the rejection and told me to speak to Honda UK who admitted that yes my contract is with the dealer and they are the ones that by law have to give a refund.

 

Back to the dealer and they say they will replace the fuel tank, replace the bottom yoke and touch up the paint on the welds and tell me I am being unreasonable asking for a replacement bike or a refund as the bike is 99% perfect and has only "minor bits and bobs wrong with it".

 

I've sent a letter to the dealership but don't really know where to go from here now and was looking for any advice as everything seems to be going from bad to worse

 

Many thanks for reading and any help you can give me.

 

Rikki

[dx100uk]

convert your images to pdf and attach them via the go advanced button/manage attachments bottom right.

 

how did you pay for this

[Conniff]

Rejections should be done by letter. There is no way they can refuse to take this back.

 

Very important a reply to the above post ?

[djrikki]

Index of _bike.pdf

 

 

 

bike1.pdf

 

 

 

 

Hi there,

I bought it from the dealership with cash unfortunately (as they discounted it by £100) - in hindsight not a good idea I know

 

R.

[citizenkain]

just chipping in,dont let them touch up the rust spots,thats no good,the rust will just keep coming through,it needs to be rust treated before touching up

[silverfox1961]

Hi

I am in agreement with Conniff- Reject the goods formally as it is obvious that the bile is not fit for purpose.

[Conniff]

I think they saw you coming.

 

Email the ceo of Honda at the following address - [email protected] tell him how they have treated you and the state of the bike and that you have pictures you can email if he requires. Also say that you do not expect this sort of treatment from a company affiliated with Honda and who describes themselves as 'Premier Honda Dealers'.

 

Send Victor Devine a rejection letter by recorded delivery letter. Make sure the words 'Sale of Goods Act ' and 'The Supply of Goods to Consumers Act' are in your letter.

 

They are also on Facebook, so go there and tell the biking world

https://www.facebook.com/VictorDevineMotorcycles?hc_location=timeline

 

They are also on Twitter, go there and do the same https://twitter.com/VictorDevine

 

Keep us up to speed on what you do and what further help we can give you.

 

 

 

Dear Sir,

 

Sale of Goods Act 1979 (as amended)

Sale and Supply of Goods to Consumers Regulations 2002

 

I am writing in connection with the purchase of [description of goods] from you on the date, at a cost of £….

 

On using the product I discovered the following faults:

 

List all the faults

 

I complained to the shop manager but my complaint has not been resolved. In accordance with my statutory rights under the Sale of Goods Act 1979 (as amended), i.e that goods be of satisfactory quality, as described, and fit for their purpose, I am writing to advise you that I am rejecting the goods on the basis of your breach of contract, and request a full refund of my money within 14 days of the date of this letter.

 

I look forward to hearing from you within the next fourteen days.

 

Yours faithfully

Sign and print your name here

 

Don't accept them saying they have 3 chances to repair it. This is brand new and there should not be damage of this sort.

Edited December 12, 2013 by Conniff

[djrikki]

just chipping in,dont let them touch up the rust spots,thats no good,the rust will just keep coming through,it needs to be rust treated before touching up

 

I wouldnt accept that

[djrikki]

Hi

I am in agreement with Conniff- Reject the goods formally as it is obvious that the bile is not fit for purpose.

 

Hi there, I did this over a week ago by recorded delivery.

[Kiki1]

Any update ?