Am I stuffed?

[daily_insanity]

Sorry for the random request for adivce but just would like some help before I throw my aprilia off the nearest cliff in anger and frustration!

I have a aprilia habana custom, brought from a dealer, I did not see the bike working on viewing as the guy deals in second hand bikes from the DVLA bikes 125cc downwards, and on viewing, he was working on the bike, it was in pieces! So stupidly assuming because of him working with the DVLA he aint going to rip me off!
He assured me the bike would be up running and in perfect working order and be with me in about a week!
I again, stupidly, paid a deposit of £250, with a remaining £200 to be paid by card or cash either before or upon delivery! It took over a week to arrive, he kept fobbing me off with excuses, he finally told me 10 days later it would be going for its mot then be with me the next day.
I received the bike as promised next day, I was unable to test ride it as he demanded cash only for remaining balance then he f**ked off!
On having the bike about a week now I have had nothing but problems, it has left me stranded when it refused to start when I was coming home from a friends one day, it doesn't always start, the lights etc work, but the engine wont kick in, Starter button only works intermittently, my brother has discovered a nice hole in the exhaust, half way up a road the speedometer broke, I have reason to believe it is derestricted as I got it up to 45mph no problem (If I wanted a faster bike I would have gone for a 125!)
I contacted the bloke as he verbally gave me a 3 month warranty, he said if I could get it to him he would fix it, which sounds fine, but I can't ride the bike over to him as I don't feel safe riding it, he said he may pick up but couldn't promise. I heard nothing more, so over the weekend I called him again, after being stranded a second time,
for him to turn on me accusing me of harassing him etc and that he won't help me, and that I can take him to court but I don't have a leg to stand on! Now I never mentioned further action, all I was asking was for help with fixing the bike or a refund! surely if he is a dealer and he sure the bike is in perfect nick which he keeps insisting it is and claiming there is nothing wrong with it, then he could give me a refund and sell it on?
I'm really not sure were I stand, or whether I am just left with a dud bike?! Or is there anyone in cornwall who knows anything about scooters who would be willing to look it over with out ripping me off?!!!!!!

[billinom8s]

sounds like you ave been sold a dog by a rip off.

yep you were probably not that clever in buying a bike that was in bits but that shouldn't make any difference.

if you call citizens advice they will help you out by telling you where u stand. also worth talking to a solicitor (usually first meeting is free) .

trading standards will also be on your side, they are always worth a call.



was the bike - sold as seen or sold as working ?

[jam]

If it is a private sale then unfortunately you do not have a leg to stand on, if however the guy is a dealer and you can prove it then he is liable for any repair to any faults or at leats a refund. Proving he is a dealer will be difficult though.

[daily_insanity]

If it is a private sale then unfortunately you do not have a leg to stand on, if however the guy is a dealer and you can prove it then he is liable for any repair to any faults or at leats a refund. Proving he is a dealer will be difficult though.

he has a card and business name, he also deals on ebay and classes himself as a shop!

sounds like you ave been sold a dog by a rip off.
yep you were probably not that clever in buying a bike that was in bits but that shouldn't make any difference.
if you call citizens advice they will help you out by telling you where u stand. also worth talking to a solicitor (usually first meeting is free) .
trading standards will also be on your side, they are always worth a call.
was the bike - sold as seen or sold as working ?

the bike was sold to us as in perfect working, it was in bits and he said it would all be fine and working when complete, apparently he would not sell us anything bad...!!!

[TLS-Moose]

Under the sale of goods act, what he sells you must be "fit for purpose". The MOT is not proof of that, merely that certain aspects of the machine met the minimum requirements of a piece of legislation on a certain day.

I would argue that something that has a hole in the exhaust, or that fails to start reliably, is not fit for purpose. As the guy is a dealer, I'd be tempted to get it back to him ASAP (get someone else to take it or follow you in a car if nees be) and ask for a full refund. If you don't trust him or the bike, get your money back and spend it elsewhere - and chalk this up to experience

[daily_insanity]

The bloke has said he doesn't do refunds and is now saying he will do sfa!
So for any one out there please avoid Glynn Motorcycles in Newquay, the company doing the MOT who passed the hole in the exhaust are http://www.pbmcs.com/ going to contact them tomorrow, and see what they have to say!

[TLS-Moose]

I don't think that's what the law says ..... I'd have a word with your local trading standards office first thing in the morning ......


http://www.cornwall.gov.uk/default.aspx?page=1099

at the bottom of the page:

"Consumer advice in Cornwall is now provided by Consumer Direct South West. Consumer Direct South West is a telephone and online consumer advice service which works in partnership with Cornwall Council's Trading Standards Service and is supported by OFT. If you would like advice about something you have bought you can complain online to Consumer Direct South West or telephone them on 08454 04 05 06."

Good Luck

[daily_insanity]

I don't think that's what the law says ..... I'd have a word with your local trading standards office first thing in the morning ......


http://www.cornwall.gov.uk/default.aspx?page=1099

at the bottom of the page:

"Consumer advice in Cornwall is now provided by Consumer Direct South West. Consumer Direct South West is a telephone and online consumer advice service which works in partnership with Cornwall Council's Trading Standards Service and is supported by OFT. If you would like advice about something you have bought you can complain online to Consumer Direct South West or telephone them on 08454 04 05 06."

Good Luck

thank you, I will keep you posted!!

[deej]

unfortunately the mot is a worthless peice of paper that helps the goverment keep a eye on us....

dont give in on this one and let it put you off

[Milky]

do you no where he lives?

[Funky]

Seems to me he saw a young nieve lad and took advantage.

His name isn't BamBam is it?

[daily_insanity]

Seems to me he saw a young nieve lad and took advantage.

His name isn't BamBam is it?

I'm female...!! And No!

do you no where he lives?

yea his er shop is a huge shed at the back of his house!!

[daily_insanity]

Seems to me he saw a young nieve lad and took advantage.

His name isn't BamBam is it?

I'm female...!! And No!

do you no where he lives?

yea his er shop is a huge shed at the back of his house!!

I meant to add to above post, he insisted on cash only for the second part of the balance, refused to take credit card on the phone or debit card? to me thats a tad odd, and it has been suggested to me he is prob not putting it fully through the books?!!!!

[jam]

Not always, I don't take cards mainly because the cost of having the card machine is not something I'm prepared to put up with. It doesn't mean he's not legitimate. If he has a business premises thn you should be ok, but a shed aat the back of his home doesn't count as a business premises