problems with motorcycle dealership

[harvey2014]

Hello having issues with a motorcycle dealer part exchanged my motorcycle for another second hand one, the bike had lots of hidden not mentioned in the advert problems

 

dealer assured me he would replace and send the missing items onto me,never heard anything from him for 15 days even ignoring all emails

 

i sent him a recorded letter yesterday explaining i want a refund or all faulty missing parts replaced as he is in breach of contract

 

all of a sudden i get a phone call from him! amazing what a letter can do,anyway he was a right idiot on the phone (since found out its daddy's business explains his attitude) telling me the letter got his back up and its all "legal boll**" and thats not the right way to go about it as it makes him not want to help me

 

he has promissed to replace the fauly and missing items (speedo, light switch rear light etc) but would not put it in writing he point blank refused saying he is too busy for that and dont expect the parts anytime soon as the factory is on holiday. (its not i have checked)

 

now i have given him 10 days to respond to my request for a refund (sent recorded delivery), and i will not let the shop get away with this,so if i do not get my parts in the 10 days do i then send the letter before action?

 

i have all emails stating he never looked or checked to see if the parts were on the bike before advertising it i also have a copy of the advert saved that mentions no faulty damaged or missing items

 

does it sound like i am doing things right with regards to letters and timescale,and is it me or does it sound like he has no intentions of sending these parts on any help/advise would be appreciated

[DragonFly1967]

Others will advise you better than I could on the best course of action going forwards, but I would say, don't sent a letter before action unless you're willing to follow it up with county court proceedings. While the LBA might have the desired effect, if it doesn't you've got to be prepared to take it all the way. Empty threats of legal action don't help you or anyone else as the garage will just brush it off as an empty threat.

 

I do hope you get the problems sorted to your satisfaction though

[harvey2014]

Hi thanks no i am 100 percent about taking it further i have been here before but was around 5 years ago and hard to remember it all,

 

but i think it was first letter sent highlighting the issues and offering a solution,then Lba letter then moneyclaim case opened if dealer ignored above

 

last time i had a payout when court papers were issued. just really making sure i have it in the right order or if anything has changed.

[DragonFly1967]

Oh yes, that's the right order to do things.

 

You're giving them a chance to rectify the situation to your satisfaction. If they don't you hit them with the LBA, which is their final chance to take notice of you, and if that fails, you take it to court.

[harvey2014]

thankyou will keep the thread updated

[heliosuk]

Did you view the bike and did you mention the issues you are complaining about at the point of sale?

[harvey2014]

yes mentioned in second paragraph of first post was assured he would send them on,other issues were found when i returned with the bike and being a large main dealer i believed the advert

 

few other items were wrapped in manufacture bags handed to me in a box with spares did not think to unwrap them in the shop and check as no mention of broken or missing parts on the advert i have a saved copy of

 

when i returned home after a 700 mile round trip i opened the bags to find broken parts inside, so i emailed him to be told sorry i did not look in the box when i took it in as a part exchange and would sort the issues

 

i never heard back from him so emailed again to be told he would ring me that day again never heard for 2 days this ended up going to 15 days i have the proof i save evrything then searched my rights and rang trading standards and was explained the sale of goods act and my rights to return the bike or offer a chance to rectify the issues

 

thats when i started the process and amazingly after receiving the letter recorded signed for he called me 20 minutes later with a serious attitude

 

as it stands he told me he is replacing the parts and i will allow the 10 working days as stated in the first letter for it to be resolved but he point blank refused to reply in an email saying he would order them and i certainly am not taking his word as i have since found out this dealership has a ton of bad reviews