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ajroberts

Joined:

Dec 10

Posts: 90

ajroberts says:

Non road legal bike sold to me

I bought a bike in January this year and was sold it and the company selling the bike to me told me it was road legal new exhaust put on it (fool on me for not checking properly) and it would be serviced properly, cleaned and MOT'd for a year. Company is based in south London


Took my Honda into a garage in Leeds where they did some stuff to it came back and went here is some faults.
1. Your bike is not road legal the exhaust is not for road use.
2. your clutch cable is too tight so on full lock it slips
3. Your throttle cable is too tight so turning 3/4 lock will keep the engine revving.

Obviously I got the latter two fixed but any advice on what to say to the company when I phone them on Monday?

AJ

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  • Posted 4 years ago (05 March 2011 14:31)

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soapes

Joined:

May 10

Posts: 127

soapes says:

sale of goods

Hi, this would usually be covered under the sale of goods act, as the bike isn't "fit for the purpose" you bought it for (in your case not road legal) Most companys will be aware of their responsibilities and be helpful.

 Having work done on the bike by a different company may complicate things a bit though,as any problems/warranty work should have been dealt with by the original company (who you bought the bike from)

Your best bet is to speak to the shop (be calm and polite when you speak to them) here's a couple of links that maybe useful to you. Good luck

 http://www.lawgistics.co.uk/index.php?option=com_content&task=view&id=377&Itemid=206

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained

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littleredrooster

Joined:

Aug 02

Posts: 467

Legality

Points 2 and 3 are fairly trivial and should take less than two minutes to put right. I hope they did not charge for two minutes labour!

Unless the exhaust is marked "Not for Road Use", it may be OK - it is down to the MOT testers opinion. Thousands of bikes pass the MOT every year with aftermarket exhausts fitted.

I suspect that this is more to do with the Honda garage looking for more work/profit.

[This Reply has been modified by the Author]

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smoto5

Joined:

Mar 09

Posts: 4548

smoto5 says:

As above posters have said,

plus if it is a non road legal open race exhaust, two options are available, ask the supplying dealer to either supply (or supply and fit) a road legal exhaust/can (depending if it is a system that splits down into individual parts) or, fit what's known as a decibel killer, in effect a removable baffle pipe which quietens the exhaust when not on a track, some makes are supplied with these, and are then approved for road use, or existing cans can sometimes be modified to take one of these, (drilling holes, putting bolts/rivets in etc).

Hope you get everything sorted :smile 

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ajroberts

Joined:

Dec 10

Posts: 90

ajroberts says:

Finally phoned them

The exhaust does say on it not for road use underneath.

Also the front brakes were never properly set up.
As I am in Leeds I am getting a full service done on the bike at my expense.

I phoned up the company and they went "phone back on Thursday but it shouldn't matter that it says not for road use and all the other points are trivial."

I am just going to get them to supply and probably fit a new exhaust when I next go down to London next month.

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smoto5

Joined:

Mar 09

Posts: 4548

smoto5 says:

Don't be fobbed off by either shop,

into accepting goods that weren't supplied as they should have been, ie. Road legal and in a fit and safe condition (what's this about the brakes now? were they safe??? :shock:)

and by the second shop into paying for work you don't need! I think you might want to let the rest of us know the names of these shops, and let them know you may be posting their names on the (claimed!) largest motorcycle forum in the country.

specifically, I would expect the exhaust to made legal at no cost to your self, I don't consider any of the points you have highlighted being insignificant! a clutch that slips when you may need it to get you out of a sticky situation or a throttle that revs up and puts you in a hazardous situation is no casual matter (assuming they were the case and not something invented by the second dealer) and any brake problems that are caused are very serious! An exhaust that fails an mot or gets you pulled over by the police seem minor in comparison!!

You might want to get advice from the citizens advice/trading standards or legal profession if you can't get satisfaction from these shops, maybe also have a friend go with you to the shops, preferably a fellow motorcycling one.

Good luck :smile

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soapes

Joined:

May 10

Posts: 127

soapes says:

bike shop

The shop shouldn't be telling you it "shouldn't matter that the exhaust is stamped not for road use", if you get pulled over by the wrong copper it's you that'll be paying the fine, plus there may also be insurance issues if (and hopefully you won't)you are involved in an accident(was warned about this after recieving a fine for an non road use exhaust several years ago!). I had a bike MOTed a while ago with cables badly adjusted and they were noted as advisories on the new MOT so I wouldn't say that was "trivial."  My next step would be to contact the shop in writing describing the issues you have (include copies of any supporting paperwork you have)stating the bikes not fit for the purpose you bought it.By the sounds of it they are responsible for fixing this (assuming you weren't made aware of these issues prior to buying the bike)I'd also insist the shop arrange to pick up the bike as the bike has been described as not road legal. As smoto5 says it would be advisable to speak to citizens advice/trading standards.

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ajroberts

Joined:

Dec 10

Posts: 90

ajroberts says:

Service completed final list of errors

I had a full service done to my bike in Leeds today and the Company I had got it from in London is Motorcycle Centre.

Leeds honda serviced my bike at my cost as this is the final list of faults wrong with the bike
1. Clutch cable
2. Throttle cable
3. Non Road legal exhaust
4. Front wheel not properly put on (not the front brake as previously mentioned)
5. Exhaust manifold has a hole in it.
6. Air filter was cleaned not replaced by them
7. Bushes are worn and knock on breaking

There are a few other trivial things like rear brake light switch, too much oil. 

I got Leeds Honda Garage to do the service and they are the ones who told me regarding the exhaust system. Which now needs to be replaced and a new set of downpipes from honda is 505(inc VAT):upset:. Leeds Honda have been very nice to me regarding this matter. 

This is my first bike and has slightly put me off bikes which is a bit annoying. 
I am going to contact the company again tomorrow and ask them to sort this matter out and put on a road legal exhaust to my bike at their expense. Which will mean they have to pick my bike up from Leeds or pay someone to fit it up here. As I didnt want to ride it with the other problems I got them fixed and that will most probably end up coming out of my pocket (although I dont mind too much as i know it is safe now).
Fingers crossed that it will happen if they do not supply and fit at their expense an exhaust I will just ask for a refund.

aj

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soapes

Joined:

May 10

Posts: 127

soapes says:

Don't spend anymore till speaking to original company

The shop in London should be responsible for fixing the faults you have listed (though probably not the service).You should have referred any faults to be dealt with back to the company you bought the bike from.If you have already paid for this work to be done then I'm not sure if you'll be able to claim the money back from the London shop, it maybe worth sending them copies of reciepts you have for the work and they may remburse some of the money.You are likely to end up out of pocket if you keep getting repairs done by a second company even if you do get a refund though.

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ajroberts

Joined:

Dec 10

Posts: 90

ajroberts says:

I think I should give up on motorbiking for a while

Another development in my story... 


Last night well at 3 am this morning I had a lovely call from my work security ( I was working) going a drunk student is stuck underneath your bike, please come up and turn the alarm off and sort this out. 

Turns out while having an alarmed disc lock on the drunk student decided it would be a brilliant time to move my bike off its centre stand reverse it out and try and get on it and push it round still whilst the disc lock was on. So obviously he fell over and was stuck until security moved it off him and called me. Needless to say he did cause damage to the bike and the fairings. Took it to the honda garage for a price to get it back to the condition it was in yesterday; £2145. Insurance company have a value of £2,000 for the bike. They would deem it a write off. As I am 21 I have an £800 excess so maximum I could get is £1200 from them and then my premiums next year will sky rocket.

So much hassle. The police have the student who damaged my bike and are trying to do him for; one of the following; criminal damage, drunk driving or attempted theft. Or all three.

I am really unsure what to do now as I am probably now totally screwed for the original company.

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soapes

Joined:

May 10

Posts: 127

soapes says:

student

Sounds like you have the same luck I have, what can go wrong does go wrong!

 I'd get the pratt who caused the damage to pay, you must be entitled to claim/sue him for compensation though I wouldn't know how to go about this (or how much you'd get out of a student!). Definately check with citizens advice or a solicitor.

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