help with letter

[BEERSHZ]

hey guys and gals i need help to write a letter,

 

basically brought a motobike back in feb it was on the road for 2 weeks and has since been in the repair shop i have already paid for some of repairs that were not covered under warranty ie piston and oil pump £186. The bike has had a total engine rebuild !! under warranty but company refuses to pay for labour under warranty. The company we brought the bike from and who have carried out repairs are asking us to contribute to labour charges its only £150 but i feel we shouldnt have to pay this even tho they have been really helpfull all the way through this.

 

SO how can i put in writing in such a way we dont pay but without them refusing to release the bike to us, oh and i have to pay for the bike to be delivered back approx £100 - £150. It already cost me £200 to get the bike here and back to them.

 

Spoke to consumer advice they say we shouldnt pay under sale of goods act etc

 

Any help would be much appreciated with letter.

 

 

 

sorry for long post

[DamanC]

Have you read their T&C? What does it state about the warrenty?

[bluecoup]

id say if the oil pump went and melted a piston after 2 weeks it was not fit anyway,

you don't say if it was brand new ?

even a basic warranty should cover the engine and gearbox, the oil pump must be classed as part of said engine or are they trying to say that it is a part that wears like tyres and exhaust and not covered

[Gerry]

Seems to me that they may have been "really helpfull" as you have already paid out for repairs that should have been covered under warranty.

 

I'm sure the sale of goods act is fairly strict when it comes to selling things "not fit for purpose" which your bike wasn't.

 

Makes me mad, but I'm sure that some people in the motor trade see a woman and think they are an easy target, it's happened to Soo (my wife) in the past and when (grumpy) me gets involved things change !

 

It's hard to compose a letter only knowing the bare facts, but as you are already taking to trading standards could they help, or have you looked at their web-site for help.

 

Think a letter is a good idea though especially telling them that you have taken advice from trading standards (maybe called something different now) and generally taking a hard line with them.

 

They may not be so nice and helpful, but at least they won't be taking you for a ride (forgive the pun) !

 

Best of luck.

G

[keener]

Sale of goods act sumary at http://www.berr.gov.uk/consumers/fact-sheets/page38311.html

 

I've found it v. useful over the years when dealing with sales assistants who think they have no liability even if an article is out of warranty!

[BEERSHZ]

the bike was brand new, i now have the t&c's and they do say parts only. consumer parts not covered are air cleaner, battery, belts, brake pads, shoes, clutch discs, drive chains. sprocket, bearings, fuel filters, fuses, brushes, oil filter elements, rubber parts, spark plugs, cables, step rubbers, tyres tubes and wheels.

so no mention of piston and oil pump so maybe i should argue ive paid unnecessary. surely if this comes under wear it should last longer than 2 weeks

 

Now they are saying its our fault as the bike is partially derestricted which we are supposed to had done which we never had anything done to the bike in the short time weve had it. The bike is exactly how we received it dont know how im supposed to prove that one.

 

So if im reading sale of goods act correctly i think i can ask for a refund. I also paid by credit card for the bike so i think i have a come back there also.

[Gerry]

Again, I'm not sure, but I think you can contact your credit card and tell tem not to pay them as you are in dispute with the.

 

I think you ought to talk to trading standards again, form a plan and carry it out.

 

Don't let them (the sellers) bully you.

 

Good luck.

Keep us posted.