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symon1970

Joined:

Aug 12

Posts: 9

symon1970 says:

aprillia scarabeo 100cc 52plate

Hi all, we bought the above bike for my son for his 19th birthday in october since then it has been back to the dealer 8 times for a variety of faults including cutting out, not starting , back wheel seizing twice whilst riding and a loose back wheel (came back loose after being fixed). the bike had 236km on the clock from new. The bike is in being fixed at the moment and my son has lost all confidence in the bike. Can any one offer any advice from a legal stand point regarding asking for our money back? Or trading it back to the dealer for a different bike? any help would be much appreciated.

Thank you in advance.
Simon.

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  • Posted 2 years ago (23 January 2013 20:13)

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jaffa90

Joined:

Mar 09

Posts: 8930

jaffa90 says:

Fit for the purpose

Have you a bill of sale with a written warrranty of how long? Have you paid for ANY repairs?

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MarcusMarsh

Joined:

Aug 09

Posts: 2714

MarcusMarsh says:

Bike issues

If all you say is correct you should have no issues claiming that the machine is 'not fit for purpose' under the Sale of Goods Act.  If the dealer will not offer a full refund contact Trading Standards and the CAB. 

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symon1970

Joined:

Aug 12

Posts: 9

symon1970 says:

flippin aprillia!

yes I got a bill of sale and it had 3mths warranty, and so far have not paid anything to get it fixed, including recovery and delivery. I went to see the dealer today and the bike is still in bits but he was working on it. I did ask what happens when it breaks down again out of warranty but he evaded my question. Thank you all for your assistance, if nothing else it gives me some idea as to what to do next

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jaffa90

Joined:

Mar 09

Posts: 8930

jaffa90 says:

Flippin Aprilia

More like flippin Dealer,8 times in dock in less than 3 months,:shock:you`ve been more than patient.

OK the scooter is 10 years old but what do you expect.

Also just noticed 236km from new:shock:that`s 15 miles a year (approx) where has it been all this time?  probably in dock.

Any repairs will have a warranty.

[This Reply has been modified by the Author]

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symon1970

Joined:

Aug 12

Posts: 9

symon1970 says:

aprillia

It was bought by a doctor from new and he couldn't get his head around riding so it was stored in his garage until august, september. oh update from dealer the 2 stroke oil pipe has split and seized the top end so it's going to be at least another week before we get it back. I'm going to see the dealer monday armed with the "not fit for purpose under the sale of goods act" and see what they say this time. I'll keep you all posted cheers guys!

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Beelady

Joined:

Jan 10

Posts: 3419

Beelady says:

If you bought it on finance

complain to the finance company and tell them your son has not been able to use it because it's so unreliable. I don't know what the legal position is but I have done this in the past, with a car that was always breaking down. The car was collected, the finance agreement ended and I got all my paymenta and deposit back in 48 hours. I was very impressed.

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Lewisboard

Joined:

Jul 12

Posts: 21

Lewisboard says:

"not fit for purpose under the sale of goods act"

okay serious people the "not fit for purpose" thing pisses me off if someone would like to finish the sentence it ends "not fit for purpose AT THE POINT OF SALE!" this mean that if the bike worked when you bought it and did not disintegrate then it was fit for purpose as soon as the bike leaves that forecourt that statement is redundant. if you have not paid for any servicing that is your warranty therefore after 3 month you will have to pay for servicing, it is not a manufacturers warranty it is a dealers so he will not be as inclined to give you an extension. (sympathy bit) I've been in the same position with a stroker built on a Monday just kept on going wrong spent more time in the garage than on the road it's not great but sadly that can happen, i work in retail and more specifically i am the warranty dept in the shop so i'm not just a crazy guy talking shit.

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symon1970

Joined:

Aug 12

Posts: 9

symon1970 says:

update

Thank you for your post this helps a great deal and I now know where I stand legally. Just to follow up on the story so far. There was a problem with the starter centefugal  clutch, once fixed the mechanic started it and found it had seized due to lack of oil (oil supply pipe split) scoring the barrel, new one ordered including piston and small end bearing this bike uses a yamaha bwz engine, rebadged as aprillia so once we get it back it should be all good. Thank you all once again for all your input.

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symon1970

Joined:

Aug 12

Posts: 9

symon1970 says:

sitrep

got the aprillia back and we have been charged for a top end rebuild £376.74 including vat. they claim the pipe has been cut or pinched by the battery tray. neither me or my son have worked on the bike apart from changing the spark plug and neither of us knew where the battery was located until shown how can it be our fault and not covered under warranty? We are going to contact trading standards and C.A.B. We have paid £176.74 but still owe £200.00 and the bike is in our possession. Any ideas? have we done the right thing?

Sy

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jaffa90

Joined:

Mar 09

Posts: 8930

jaffa90 says:

warranty

From what you say you have not had the bike in your possesion for 3 months,also it sounds like dodgy previous repair work.Also the bike sounds as though it never got a check over before the sale.

Oil pipe split at 236km,:wacko:

You have proof  of warranty.:smile

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