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Rejection of New Motorcycle

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  • Rejection of New Motorcycle


    I am currently in the process of rejecting a new motorcycle I purchased recently, and I would be grateful if anyone could give me some guidance based on the events that have transpired to date.

    28th November - Collection of new motorcycle from dealer.

    29th November - Moisture ingress observed in the instrument panel. Bike taken immediately to dealer who took photographs to send to manufacturer. Dealer stated it could be part of faulty batch.

    30th November - Seat removed from bike to check what position it was fitted in (seat can be set to two heights), I noticed that where the rear trim decal ran under the seat it was starting to lift away from the panel. I then checked the decals on the other panels, and they were all starting to show signs of lifting to varying degrees. Email sent to dealer, with photographs, stating I wished to reject the bike due to the faults under the Consumer Rights Act 2015. I received an email from the dealer stating that they wished to inspect the bike and I agreed.

    6th December - Attended inspection at the dealer. They stated it was very unusual, and that they hadn't seen this before and they would have to speak to the manufacturer. I clearly stated my contract was with them not the manufacturer, and they stated they would respond by 13th December. During the inspection they asked if I had washed the bike and I stated I hadn't.

    13th December - Received letter asking me to fill in a questionnaire about the bike. The questions were where it was stored, was it cleaned, could it have been tampered with and could it have been exposed to chemicals that would cause this issue due to where it was parked/ridden. They also stated it was likely they would need to send the panels to the manufacturer for chemical analysis before they would consider my rejection. At no point did they mention the fault with the instrument panel.

    I have filled in the questionnaire stating it hadn't been cleaned tampered with etc, and also pointed out to them that the bike was stored and used in exactly the same way as another bike I own which is considerably older and hasn't developed faults with its instrument panel or decals. I have also drafted a letter explaining the sequence of events and that I was rejecting the bike due to the fault with the screen as well as the decals, and that as the faults were not limited to the decals themselves that I should not have to wait for any chemical analysis for them to process my rejection. I also stated that I would like a response within 7 days.

    The bike was paid for with bank transfer, and hasn't been used since I rejected the bike, except to ride it to the dealership for the inspection. Is there anything else I should do? I think I've been reasonable and patient, so if they refuse my rejection can I take them to small claims court?

    Thank you.
    Tags: None

  • #2
    Yes, that vehicle is not satisfactory.
    You have rejected within the first 30 days so they do not have the right to repair, so having to wait for a chemical analysis (they probably intend sticking the decals back!) is not part of the CRA2015


    • #3
      Thank you for the response. I'll post my letter to them tomorrow using Special Delivery, so they should get it on Tuesday. I'll post back when I get a response, but I don't think I'll get a reply this side of Christmas.

      If they refuse my rejection, I assume I would have to send a letter of intent regarding court action before filing with the small claims court?


      • #4
        you will need to send a Letter before Action (LBA) https://www.which.co.uk/consumer-rig...ms-court-claim


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