New Motorcycle rejection of sale query (Principle Dealer / Manufacturer)

[traderliam88]

Hi All, I bought a Chinese motorbike last September, was delivered Mid-October 2020; I did not use the bike much until Feb/March Period.

It had an issue where the engine would cut out, the dealer tried multiple times to repair the fault, perhaps changing 26 parts of the engine? Since April 2021. After having the bike in the garage for 1 month, June to July, the dealer recommended I rejected the sale as they couldn't fix it.

A new bike should not break down irreversibly within 6 Months. The principle dealer has said that the manufacturer will make an offer but expect trade price (I paid £1350 and I'm expecting c£1200) (fair value considering 4000km and the age of bike, I put adverts to sell the bike for £1400 and had interest.)

Today the dealer said because the bike is 10 months old and has 4000 miles that I wont get anywhere near what I paid for the bike. Surely a new bike should have a durability expectation? The warranty covers 7000km a year. The failure of the bike makes it completely unroadworthy as the engine will cut out, when I'm in front of an arctic lorry making it incredibly unsafe to be on the road.

Does anyone know how to pursue or what to do if I am given a low-ball offer tomorrow? I have a friend who is a commercial arbitrator whom would help me out, but any recommendations on what I can do, if I reject the offer on the 'rejection of sale'. I get the feeling, the dealer is just trying to limit his losses on the bike.

[echat11]

Hi TraderLiam88

You are covered by the Consumer Rights Act 2015

https://www.legislation.gov.uk/ukpga/2015/15/contents

https://www.bromley.gov.uk/leaflet/122530/17/683/d

How did you pay for it?

[traderliam88]

Hi All, I bought a Chinese motorbike last September, was delivered Mid-October 2020; I did not use the bike much until Feb/March Period.

It had an issue where the engine would cut out, the dealer tried multiple times to repair the fault, perhaps changing 26 parts of the engine? Since April 2021. After having the bike in the garage for 1 month, June to July, the dealer recommended I rejected the sale as they couldn't fix it.

A new bike should not break down irreversibly within 6 Months. The principle dealer has said that the manufacturer will make an offer but expect trade price (I paid £1350 and I'm expecting c£1200) (fair value considering 4000km and the age of bike, I put adverts to sell the bike for £1400 and had interest.)

Today the dealer said because the bike is 10 months old and has 4000 miles that I wont get anywhere near what I paid for the bike. Surely a new bike should have a durability expectation? The warranty covers 7000km a year. The failure of the bike makes it completely unroadworthy as the engine will cut out, when I'm in front of an arctic lorry making it incredibly unsafe to be on the road.

Does anyone know how to pursue or what to do if I am given a low-ball offer tomorrow? I have a friend who is a commercial arbitrator whom would help me out, but any recommendations on what I can do, if I reject the offer on the 'rejection of sale'. I get the feeling, the dealer is just trying to limit his losses on the bike.

Dear Echat11, thanks for your response.

Paid for by bank transfer... Lots of dealers wont accept card. To my knowledge, as its over 6 months old a fair value (new price-depreciation) should be offered...

Regards,

liam

[des8]

What were the exact dates of delivery to you of the bike, and the first time you informed the trader of problems?

[traderliam88]

What were the exact dates of delivery to you of the bike, and the first time you informed the trader of problems?

I believe the bike was delivered on the 13th (edited from 10-13) October 2020, as it was over call I don't have a log of the first time I called them for this reason. I have called them many many many times for this issue. I think it was mid-march. Dealer asked me today if I knew the date it was delivered and when the issue started. They for sure would have a log of this as they take notes for all of their calls. They are not forth coming with this information. The dealer said he wont take a loss on the bike. If its over 6 months, I still think that the offer should be what I would get in a private sale. If I take them to small claims court, do you think there's a chance to get a better offer?

[ostell]

Up to 6 months you have the right to reject but only if they have been allowed to attempt a repair. From you reporting an error until it is fixed the clock stops so they can't get out of their responsibilities by not doing anything. Up to 6 months it is assumed to be defective on delivery.

They can make a deduction for mileage.

[traderliam88]

I believe the bike was delivered on the 13th (edited from 10-13) October 2020, as it was over call I don't have a log of the first time I called them for this reason. I have called them many many many times for this issue. I think it was mid-march. Dealer asked me today if I knew the date it was delivered and when the issue started. They for sure would have a log of this as they take notes for all of their calls. They are not forth coming with this information. The dealer said he wont take a loss on the bike. If its over 6 months, I still think that the offer should be what I would get in a private sale. If I take them to small claims court, do you think there's a chance to get a better offer?

I just checked and the issue first appeared on 14th April 2021 according to my records: 6 months is until the 13th April 2021... There was no km on the bike until March / April as I wasn't living where the bike was stored.

[traderliam88]

Up to 6 months you have the right to reject but only if they have been allowed to attempt a repair. From you reporting an error until it is fixed the clock stops so they can't get out of their responsibilities by not doing anything. Up to 6 months it is assumed to be defective on delivery.

They can make a deduction for mileage.

What would you say would be a fair deduction for 4000km mileage after the 6 months? If it failed 6 months and 1 day; but has been in and out of the garage since then?

[ostell]

You actually have up to 6 years with CRA 2015.

Have you got the statement from the dealer saying they couldn't fix it?

[traderliam88]

You actually have up to 6 years with CRA 2015.

Have you got the statement from the dealer saying they couldn't fix it?

They called me on the 4th of August and told me to write the letter of rejection because they cant fix it. I do not have a specific 'we can't fix the bike' email.

[traderliam88]

They called me on the 4th of August and told me to write the letter of rejection because they cant fix it. I do not have a specific 'we can't fix the bike' email.

Also the bike has a two year warranty, if this makes any difference.

[des8]

What is warranty wording, and who backs it?

As your rejection was after the first six months you will need to show the vehicle was unsatisfactory at the time of delivery.

You should receive back the amount paid less an allowance for usage (which should be around 10p per mile)