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Legal right

Posted: Tue May 29, 2012 12:54 pm
by Earl
Hi can onyone tell me what legal rights I have as a purchaser? I bought my Mana from VIVA Moto in Bradford through auto trader 6 months ago and basically I've spent £500 so far getting it right, if it didn't come with a dealer warranty what are my legal options regarding getting it put right by Viva moto.?

Re: Legal right

Posted: Tue May 29, 2012 12:57 pm
by poldark
You need to contact Trading Standards or Citizens Advice Bureau to understand.

Guessing it was secondhand, so not sure how that effects things?

Re: Legal right

Posted: Tue May 29, 2012 1:00 pm
by Wolf
From what u told me earal i'd phone the dealer and give them a telling off at least

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Re: Legal right

Posted: Tue May 29, 2012 1:17 pm
by tmaxed
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.
I agree - speaking to the CAB might be helpful. Or maybe if the dealer is part of a wider "brand" you may be able to simply complain at a more senior level about a particular individual or even contact local press etc.. it really depends how much energy you have to follow it all through - and you still may not get much.

Re: Legal right

Posted: Tue May 29, 2012 1:53 pm
by Earl
Thanks for the replies, I'll see what I can find out on the web.

Re: Legal right

Posted: Tue May 29, 2012 1:57 pm
by Wolf
At least complain pal u can't lose owt

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Re: Legal right

Posted: Tue May 29, 2012 2:02 pm
by gn2
How old is it, I take it the manufacturer warranty has expired?
What have you had to spend the £500 on?
Was it consumables, incorrect maintenance, accidental damage, or was there a genuine defect in manufacturing?
How much of it was it labour?
Did you thoroughly inspect the bike yourself before purchase or did you have it professionally inspected?
How much did you pay for it?

Re: Legal right

Posted: Tue May 29, 2012 3:18 pm
by Earl
It's on a 58 plate, the work was for corroded cables and censor switches, the genuine defect in manufacturing is the fact it's Italian PMSL! Labour was £50 an hour at Aprilia Merseyside, I checked the bike over when it arrived, and I paid £3200 or 400 I'm not too sure?

Re: Legal right

Posted: Tue May 29, 2012 3:30 pm
by gn2
Sounds like incorrect maintenance then.
I reckon you'll just have to accept it as part of the Italian motorcycle experience....

Re: Legal right

Posted: Tue May 29, 2012 4:05 pm
by Wolf
Still worth a try at complaing though to Aprilia and the dealer + TS

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