Was I Ripped Off

[Jaws]

Yes, but it does not tell you about undeclared accidents of swapped frames or other horror stories Chris !

It is not an absolute that a dealer has to HPi a vehicle, though it is prudent to do so as, thanks to the rules appertaining, a DEALER is ultimately responsible for all ills ( as agin a private seller )

 

[Tinytim]

If I had proof he knew before he sold it to me I would get a solicitor but I dont have that proof

:bang: FFS's...how many more times...he's a fekkin dealer and can't do what he's done period. I think you've had 3 pages of bloody great advice. Just go and sort it.

( Good luck by the way@tu*)

 

[Paddysteel7]

Yes, but it does not tell you about undeclared accidents of swapped frames or other horror stories Chris !

It is not an absolute that a dealer has to HPi a vehicle, though it is prudent to do so as, thanks to the rules appertaining, a DEALER is ultimately responsible for all ills ( as agin a private seller )

Hi John I have had a check done on the vin number as well that was ok I did a platinum check at mycarcheck.com this also states that there has been no other identity check. as for HPI i dont know.

"Think really that is up to Paddy guys..
He may well not wish to 'publish' his intentions for legal reasons as it could affect anything he does now.."
Cheers John

I do appreciate the advice from everyone

 

[noobie]

My last input on this one..wall and head come to mind

I would take pictures of the damaged frame especially around the headstock. Go then and see the dealer, bearing in mind anything he sells for the road must have a minimum of 3 months warranty( they often say no warranty but are obliged legally to provide 3 and they know it)

Show the dealer the damage and point out frame straightening or not NOTHING will ever get that bike back on the road legally even more so considering the cracked frame around the headstock.

Then having established the bike is a dead one ask him what he intends to do about it? He inevitably will ask you what you want to do about it. Given the state of the bike and his lack of pdi which would of spotted this a country mile off assuming he is honest I would strongly suggest that you ask him for your money back in full and then ask him to van pick the bike up.

If he fails to do so then first port of call would be the police in regards to a cat a or b bike being placed on the road, then the trading standards as to unfit for purpose, then the dot inregards to pdi failure then of course the small claims court to lodge a case for the return of your bike funds, the cost of the smalls claims process and any other funds lost i.e. insurance cancellation, tax loss on road tax etc

Beyond what you have been offered in advice so far paddy I doubt anyone can offer any more

If you feel the issue is you confronting the dealer then either someone you trust or feel that they would support you should go with you also?

Good luck and let us know what actually happens next

 

[Paddysteel7]

Thanks Noobie.
But I have said several times that I will be asking for my money back and I am sure he will agree to this. Also to picking up the bike.

"Then having established the bike is a dead one ask him what he intends to do about it? He inevitably will ask you what you want to do about it. Given the state of the bike and his lack of pdi which would of spotted this a country mile off assuming he is honest I would strongly suggest that you ask him for your money back in full and then ask him to van pick the bike up."

As for the police the crash was 2006 long before he acquired the bike so the cat A/B or as was declaered cat D issue would require extensive investigation as this would include the insurance assessor from back then. Also the then owner who managed to sell it on Ebay presumably after the "accident"
The most usefull info is that i can not let him take the bike untill i have the money or let him take the bike to investigate further as i would be entering in to a contract of repair. So I am going to take photos and copies of all documents.
Cheers for all the help I'll keep you posted.

 

[lazybee]

Call me a cynical git, but I don't think we have the full story.

 

[lazybee]

Please click one of the Quick Reply icons in the posts above to activate Quick Reply.

 

[Tinytim]

Call me a cynical git, but I don't think we have the full story.

Hi, you cynical git..me too. :-:

 

[silverfox.xx]

I don't think at this stage PS can divulge all the information until its resolved.

 

[MAG man]

Paddy, the longer you leave it, the more likely he is to counter-accuse you of causing the damage after purchase.

 

[Paddysteel7]

Refunded

Hi Guys
I got a full refund bike collected.
dont know what he plans to do could be streetfighter or another frame
reg for the frame was w608 vlt

 

[silverfox.xx]

Good result. Who was the dealer.

 

[Tinytim]

Bloody good result

:-:

 

[martin]

I would be inclined to get your own independant engineers report.

Every dealer that I have worked for (car and bike) has had access to the Experian register (similiar to HPI). You are within your rights to ask for a copy of the Experian check.

That said if the incident that led to the bent frame was never put through insurance, then it will never show on the catorgery register.

However, there is an obligation from the dealer to sell goods that are "fit for purpose". This would entail a full inspection of the bike prior to offering it for sale. And that is THE law.

I think you have enough advice to reach a settlement with your dealer. If he doesnt play ball now, then get ready for a long legal battle.

 

[Fat Bert]

.... and was riding the bike himself for a couple of months.

I don't know of any dealer that would ride his "stock" for more than an overnight trip home?

Certainly NOT for a couple of months - so question wether this was a dealer sale or a smokescreen?

Either way - if someone's been riding a bike for 2+ months surely the bike should have been registered with DVLA in his name and with his address - doesn't that therefore make it a private sale?

Unless, of course, it wasn't a "dealer" sale

And for something so obviously wrong, why so much input from people?

Strong stench of dead rodent here I think?

Call me cycnical

 

[martin]

Your cynical:-0):-0)

 

[scubashark]

I don't know of any dealer that would ride his "stock" for more than an overnight trip home?

Certainly NOT for a couple of months - so question wether this was a dealer sale or a smokescreen?

Either way - if someone's been riding a bike for 2+ months surely the bike should have been registered with DVLA in his name and with his address - doesn't that therefore make it a private sale?

Unless, of course, it wasn't a "dealer" sale

And for something so obviously wrong, why so much input from people?

Strong stench of dead rodent here I think?

Call me cycnical

the dealer i bought mine from had at least one employee who used to ride "stock" bikes to travel on ... his favourite being a pan which he had been using for a while ...

they even lent it to me to have a try on whilst mine was being serviced ....

maybe thats why they are not in business anymore...:yo:

 

[Fat Bert]

the dealer i bought mine from had at least one employee who used to ride "stock" bikes to travel on ... his favourite being a pan which he had been using for a while ...

they even lent it to me to have a try on whilst mine was being serviced ....

maybe thats why they are not in business anymore...:yo:

Bit of a difference between using "stock" to get to and from work

as opposed to what's been suggested ..........

"was riding the bike himself for a couple of months"

Worlds apart

and despite Lumpy's cock-end attempts at humour, I still think Roland is lurking close by

 

[Paddysteel7]

I would be inclined to get your own independant engineers report.

Every dealer that I have worked for (car and bike) has had access to the Experian register (similiar to HPI). You are within your rights to ask for a copy of the Experian check.

That said if the incident that led to the bent frame was never put through insurance, then it will never show on the catorgery register.

However, there is an obligation from the dealer to sell goods that are "fit for purpose". This would entail a full inspection of the bike prior to offering it for sale. And that is THE law.

I think you have enough advice to reach a settlement with your dealer. If he doesnt play ball now, then get ready for a long legal battle.

try reading the other posts where I said I got the full refund and the bike was collected so all is sorted as it can be

 

[Paddysteel7]

I don't know of any dealer that would ride his "stock" for more than an overnight trip home?

Certainly NOT for a couple of months - so question wether this was a dealer sale or a smokescreen?

Either way - if someone's been riding a bike for 2+ months surely the bike should have been registered with DVLA in his name and with his address - doesn't that therefore make it a private sale?

Unless, of course, it wasn't a "dealer" sale

And for something so obviously wrong, why so much input from people?

Strong stench of dead rodent here I think?

Call me cycnical

It was registered in his name as for private sale it certainly was not as the bike registered to dealership address.