Sale of goods act? HELP please.

[SUPERSTARDJ01]

Hi,

 

I just need to know that what I’m doing is correct?

 

I bought a motorcycle 1 yr and 2mths ago,

 

the cam chain has snapped and caused £4300 damage,

 

the manufacturer has kindly said they will pay 50% of the parts,

but have also stated it’s a lifetime part and shouldn’t snap,

they are writing this in a report for me,

 

I’m sending the garage I purchased the bike from a letter stating the sale of goods act,

saying I would like them to pay for the repairs as I’ve only covered 3-4k miles on it and haven’t had reasonable use,

 

now the manufacturer has stated the offer is only available until end of Feb,

do I tell the garage owner this in the letter or is this pressuring them?

 

Also do I address the letter to both of the owners as there are two, husband and wife?

 

The bike has only covered in total 23k miles and has a full service history,

I’m also including the £177 it cost to diagnose the fault in the claim.

 

What’s the likely hood of me winning?

He’s gone from saying I don’t have a leg to stand on

to send me the details and I’ll speak to my solicitor,

 

do I have a good case?

 

Sorry first post is a question.

 

Cheers

[BankFodder]

It sounds as if you do have a good case. If he manufacturer says that it is a lifetime part then it seems pretty cut and dried.

 

Write to the garage and enclose a copy of the letter from the manufacturer. Tell them that you advise them to agree to carry out the repairs in time to take advantage of the offer from the manufacturer otherwise they may find they will have to foot the entire bill.

Tell them that even though the bike was bought secondhand, that you are still covered by the Sales of Goods Act which requires that goods be of satisfactory quality and remain so for a reasonable time. Point out that as the cam chain is meant to last for the life of the bike, that the fact that it has snapped 14 months after you bought the bike, is not relevant as clearly it was intended to last the life of the bike and it is not "satisfactory" if it has not.

 

I wouldn't wait to long. Don't get drawn into protracted correspondence. They should be able to give you an answer by the end of the week.

 

By the way, on a lifetime guarantee, the manufacturer should be paying for the whole thing - not just 50%, but it will be easier to go against the seller.

[dx100uk]

try not to let the retailer get you ties up with warranty/guarantee/gesture of good will etc etc

 

its down to HIM as the retailer under SOGA to fix this..end of!!

 

you should not be out of pocket at aLL.

 

what he does and agrees with the manu is nowt to do with you

and not your problem.

[but you've been nice enough to involve them,,,which is NOT YOUR BAG!!]

 

bike back fixed please and my costs that you diddled out of me

by spoofing me into thinking I should pay for it myself first too please

 

thank you

[dx100uk]

also. how was this bike paid for>

 

dx

[SUPERSTARDJ01]

Visa debit card and part ex.

[dx100uk]

aw! bummer I was hoping section 75 by credit car or finance

 

darn...

 

dx

[SUPERSTARDJ01]

Does this look ok?

 

Complaint about faulty goods

 

I bought a Motorcycle BMW K1200R registration xxx from you on 02 November 2012. I paid £5100.

I now find the goods have the following fault:

 

The Cam chain has snapped and bent the pistons requiring an engine rebuild at the cost of £4258.72 plus £177 for diagnostics totalling £4435.72,

 

BMW have stated the cam chain requires no service nor is there a schedule to change the cam chain

and certainly shouldn’t break at 23264 miles,

I have only covered around 4000 miles on the bike over 14 months, this isn’t of reasonable use.

 

BMW have agreed to pay for 50% towards the costs of the parts (not labour),

how-ever BMW have stated this good will gesture will only be valid the month of February 2014,

the quote of repair is included and a copy of the bill I have paid so far for diagnoses.

 

Under the Sale of Goods Act 1979 (as amended) goods you supply must be of satisfactory quality,

be fit for purpose and match their description.

As there was a problem with the goods when I bought them, I request that you repair the goods at no cost to me.

 

I have enclosed a copy of the receipt, estimated repair costs and independent report in support of my claim.

Please respond within 7 days of receiving this letter.

 

Yours faithfully

 

Should I add both business owners in the letter or just the main guy?

[dx100uk]

does the garage even know this bike has failed yet?

 

dx

[SUPERSTARDJ01]

Yes, they have been informed,

 

he was originally saying I have no rights after 6mths,

 

I went away and called Citizens advise

 

they said to send the letter but I'm waiting on the report,

 

I called him back and said what BMW said and citizens advise,

 

he then stated he would get his legal team to look at the letter when he gets it.

[dx100uk]

ok good so he's already on the back foot then

cause he tried to spoof you and you've caught him out.

 

pers I think you need to reword that letter then.

 

your tack needs to be slightly more forceful.

 

can I just check something else first..

 

WHO told you to go an get it fixed yourself..anyone?

 

and at what point did BMW get involved

after the repair?

whos idea was that?

 

dx

[SUPERSTARDJ01]

It's not yet been repaired only diagnosed, it's sat with BMW waiting on the outcome of this,

 

I contacted BMW originally for good will,

they originally refused until I got in touch with the managing director of BMW UK

 

then they offered 50%.

[dx100uk]

:lol:ok yes sorry I mis read the repaired yet bit...

back in a bit

 

dx

[BRIGADIER2JCS]

aw! bummer I was hoping section 75 by credit car or finance

 

darn...

 

dx

 

Emm My NatWest Visa Dbit card affords section 75 cover?

[dx100uk]

to just be clear here...

 

your first port of call WAS to the garage [retailer]?

 

he fobbed you off...

 

you then got BMW involved

 

dx

[dx100uk]

Emm My NatWest Visa Dbit card affords section 75 cover?

 

I've heard some do but I've never proved it brig?

 

dx

[BRIGADIER2JCS]

I've heard some do but I've never proved it brig?

 

dx

 

 

Hi dx,

Got a letter a couple of years ago stating the RBS/NatWest Visa Debit Cards now provide full sect.75 cover same as their credit cards I believe the other high street banks followed suit.

 

 

It has been seen to work.

 

 

Worth a try dfinitely imo.

[SUPERSTARDJ01]

No,

I had it recovered to BMW as the dealer is about 130 miles from me,

 

I called BMW to see about good will and

then contacted citizens advise

 

they said to contact the garage as BMW have no legal obligation,

and state sale of goods act.

[dx100uk]

was doing a letter but my heating guys arrived

to change to me greandeal boiler FOC

 

 

brig can you take over on that letter?

 

and p'haps the OP need to ring his card company and check section 75 ? too

 

dx

[BRIGADIER2JCS]

Hi Superstard

 

 

I 'll draft a letter for you a little later, please check your debit card providers Visa protection.#

Brig.

[BRIGADIER2JCS]

As an ex BMW rider, this cam problem is not one I have ever heard of in 40 odd years of riding.

 

 

 

 

You will need to enclose all the bikes ID date etc. and layout the details in chronological order.

The MD BMW UL

 

 

Dear xxxxxxxx

 

 

Ref: BMW Motor Cycle Reg. No. xxx xxxxx.

 

 

 

 

I purchased this motorcycle in good faith from xxxxxxxxxxxxxxx on {date} for the sum of £ xxxxx.xx the bike has travelled only xxxxxx miles since new.

On xx xx xxxxx the cam chain failed.

 

 

{ add the rest of the history so far here}.

 

 

BMW have offered 50% on the cost of parts to repair the bike, whilst I am pleased that BMW has made this offer I feel that given the age and low mileage of the bike BBW should consider an absolute minimum of 75% of the full cost or repairs needed to return the bike to a condition that is fit for purpose and that the seller should cover all remaining cost.

 

 

I am aware that this is over and above the provisions of the Sale of Good Act but as has been stated the failed part is considered a 'lifetime' operating part that does not need servicing' this clearly brings up the fact that there is an inherent fault with this part.

 

 

This is certainly something that BMW UK should want to see rectified.

 

 

Send recorded /signed for post.

 

 

Please as said check your debit card providers Visa cover.