Page 2 of 3

Re: Legal right

Posted: Tue May 29, 2012 4:26 pm
by MrGrumpy
tmaxed wrote:As far as I am aware (and I'm not a lawyer by any stretch), you would have legal recourse to them if they misrepresented the vehicle in the sale process. ie, they knowingly lied about the condition of the vehicle in response to questions you directly asked them. I do not think they have an obligation to tell you anything regarding the condition of the vehicle unless you ask the questions. So depending on the situation, your legal recourse could be limited. In addition - even if they did lie, you would need to prove it.
.
True...though everything you buy has to be of 'reasonable' quality and fit for its purpose. If it falls to bits as soon as you get it home, you have redress, unless they specifically told you it was a pile of crap. How you define reasonable is of course what keeps lawyers in Rolls Royces.....

Re: Legal right

Posted: Tue May 29, 2012 4:43 pm
by monty9120
my nexus 300 cost me about £600 when it was out of warrentee for 2 months. it was a common fault but even though iut had full piaggio service history they wouldnt touch it

Re: Legal right

Posted: Tue May 29, 2012 4:46 pm
by StephenC
Affecting the right of redress would also be whether or not you tried to get them to fix the problems themselves before you went elsewhere and spent money. If you did not try with them, then I would not be surprised if any claim you make failed on that single point.

Re: Legal right

Posted: Tue May 29, 2012 6:55 pm
by Liam
MrGrumpy wrote: everything you buy has to be of 'reasonable' quality and fit for its purpose. If it falls to bits as soon as you get it home, you have redress, unless they specifically told you it was a pile of crap. How you define reasonable is of course what keeps lawyers in Rolls Royces.....
StephenC wrote:Affecting the right of redress would also be whether or not you tried to get them to fix the problems themselves before you went elsewhere and spent money. If you did not try with them, then I would not be surprised if any claim you make failed on that single point.
Both good points.
But to get redress, you also need to act quickly.
With used vehicles, you've usually got about a month if there's no warranty.
And you need some sort of engineers report to back up the claim if you go through the small claims court.

I had a similar problem with a car and sued the other party and the credit card company.
It was a daunting process but I won eventually.

Re: Legal right

Posted: Tue May 29, 2012 7:51 pm
by TmaX9
I don't think you stand much of a hope really, not after 6 months on a second hand bike. Any warranty offered would probably only be for three months and would only probably be for parts.
If it went pop a few days after buying it, you would have enough difficulty in getting your money back, but trying to lever back £500 spent on correcting the previous dealer/owners negligent servicing is a long shot especially if no faults or problems were actually evident at the time of purchase.
Complain by all means but I think all you will do is get is raised blood pressure. You shouldn't have bought a Mana in the first place if you are not technically savvy and fully equipped to deal with one yourself, as like the GP800, there are few Piaggio/Aprillia dealers who are fully skilled with these bikes.

Re: Legal right

Posted: Tue May 29, 2012 7:58 pm
by Earl
I've had a word with my ex brother in law, he has some mates who are bike mechanics and he himself was an auto elecrician for Renault, so they are offering to strip the bike over the BH, what I can gather the sensor and switches are corroded so I'll get them all cleaned up and greased and see where it goes from there. Now here's another one, if the rear swingarm bushes have gone, should I hear a rotating knocking sound under my left foot area?

Re: Legal right

Posted: Tue May 29, 2012 8:13 pm
by Data
How long have you had the bike? It's normal to get a 3 month warranty with any car or motorcycle if buying secondhand and the manufacturers warranty has run out. Any purchase is covered under the Sale of Goods Act in the UK which give pretty good protection against being stung. Under the act, goods must be of merchantable quality and fit for purpose. This covers secondhand motorcycles too, unless the seller has told you of the defects before you buy it. Even outside of the 3 month period, you should still have some recourse, but CAB will be able to direct you further.

Re: Legal right

Posted: Tue May 29, 2012 8:50 pm
by visfix
Failing any legal recourse, I'm not too far from Viva Moto, and I could, all casual like, burn their shoes, while they're still wearing them? :twisted:


***edit*** Of course, this would be done, whilst wearing a pair of pants on my head, and screaming, 'Out of warranty this, bitch'!

Re: Legal right

Posted: Tue May 29, 2012 9:01 pm
by victor
still complain to them but remember do not be all negative, give them some praise it works wonders, asked them may if they may have overlooked this problem and can they help?

Re: Legal right

Posted: Tue May 29, 2012 10:09 pm
by Data
I agree with Victor. But before you go back to them, go see the CAB so you know your rights. Don't say anything to them until you know where you stand legally.