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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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Grant1979

Joined:

May 09

Posts: 124

Grant1979 says:

Oh dear!

You couldn't make it up could you!!!

Feel for you. Hope some recompense gets done for you!

Don't let it put you off!

Happy riding, when you can!

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garethjl

Joined:

Mar 11

Posts: 40

garethjl says:

drunken student

You may have a few options open to you with regards to claiming the money back.

1) if the student has no criminal history, or record for any criminal damage related incidents he could be eligable for whats known as a simple caution. With this he gets a telling of from the Custody Skipper and a "we dont want to see you again".

Alternatively there is a second option for cautions called a conditional caution. With this, as long as the crown prosecution agree (and the student admits it), a number of conditions can be placed on the student. If he fails to meet them he will be dragged up to court and have a formal hearing (no longer a caution, this is leading to a conviction). Some common conditions are paying compensation, letters of apology, no re-offending etc.

2) if this student has a record and is charged by the Police, he will go to court. A request for compensation can be made to the courts. However be warned this often comes back as something like £2.57 per month until its paid.

3) take civil action against the student. This may cost you for legal fews/solicitors fees. best speak to your local citizens advice before taking this route

if i've confused you drop me an email.

[this is for information only, I'm not saying the investigating police force - sorry service - will take either of these options]

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ajroberts

Joined:

Dec 10

Posts: 90

ajroberts says:

Update

The student got done for criminal damage so I have to fill in a claim form.



I also had a response from the motorbike shop.
A few things are odd;
He says that I have over filled the bike ( I didn't).
Most concerning to me is and I will quote his words exactly;

"The bike was supplied to you with a new MOT by and independent MOT test centre and at the time of the MOT the tester would have inspected; list of items; and many other parts for it to pass its MOT.
Our mechanic had also prepared and inspected the bike prior to the MOT and these faults were not apparent at the time."

What is the part which gets me is I know he is lying as going through the MOT and paperwork regarding my bike the MOT runs out on the 20th May 2011 (next month says the earliest I can retest is the 21/4/2011) and I only bought it in January. 

I have just checked it online and it says it does have an MOT but I have not been given it.



Any points as to what I should do now? As I am getting rather fed up with this now.

AJ

[This Reply has been modified by the Author]

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ajroberts

Joined:

Dec 10

Posts: 90

ajroberts says:

Outcome

Finally.


The student went to court and got ordered to pay the damages he caused to my bike in full.
So will be getting the cheque through soon as it has already been paid to the courts.


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