Consumer Problems

Buying a motorcycle

Don’t let your heart rule your head. ‘ You pay your money and you take your choice’. Buy cheap and expect scant back-up. The big boys may charge higher prices, but will usually be more sympathetic and helpful if things go wrong.  One of the reasons they charge more is to pay for the back up service in case anything goes wrong.

Warranties

New bikes require a full service history to maintain the warranty. Try and do it – it makes life easier. Grey imports may be covered by the manufacturers warranty, but not items that are market specific like engine management. Second hand bikes don’t always come with a warranty – check with the seller.

Not what you thought

Proving that somebody misrepresented the bike you were buying is usually very tricky, especially if there is nothing in writing. If you think you are a victim, then you will also have to show whether it was done fraudulently, negligently or innocently. If no representations are made or it’s ‘sold as seen’ then remember – ‘buyer beware’.  You are also much less likely to receive sympathy on a private sale than when buying your motorcycle from a motorcycle shop.

You will no doubt want to test ride the motorcycle before you buy it. Make sure that you are insured to do this and be careful what security you give.  Hand over your car keys as security and you may come back to find you are sitting on a stolen bike and someone has just run off with your car!

The bike’s been nicked/stolen

If you buy a stolen bike, then be prepared to lose the bike and your money. Possession is 9/10's of the law.  The little 1/10 that they failed to tell you about is the true owner.  Where you have bought a stolen motorcycle you are likely to get a visit from the police sooner or later, usually as a result of trying to register it with the DVLA. If you bought a stolen motorcycle either knowing it was stolen or turning a blind eye to the fact that it was probably stolen you could be facing a charge of handling stolen goods and a criminal record

The bike belongs to the original owner or their insurer where they have been paid out. they can lay claim to the bike and leave you with nothing. Even worse, if you have had the bike for a while they may also charge you for using the bike for the time you have had it. The fact you have handed money over to someone is irrelevant. Your remedy is to try and get your money back from the person who sold the motorcycle to you in the first place,  

Do not buy a motorcycle without the proper paperwork being present.  If the deal appears too good to be true it probably is. Always cross-check the bike to the paperwork and make sure you have the seller's full details. Have the bike checked over by the AA/RAC or on the HPI register (01722-412888).

If you do find that you have bought a stolen motorcycle the best that can happen is that they cannot identify the original motorcycle and you will end up with a "Q" plate.

Running problems

Bring any problems to the seller’s attention straight away. The Sale of Goods Act is often misunderstood. ‘Fitness for purpose’ requires the goods to be of ‘satisfactory quality’ but this is open to interpretation. The Act applies to both goods and services offered by a dealer.

Putting matters right

If you think you’ve been stitched up, then be aware of what you are entitled to; specific performance (making the dealer do what he said he would), repairs or compensation. You may only be entitled to your money back if you haven’t already ‘accepted’ the bike (ie if you haven’t rejected it within ‘a reasonable time’). Also, you may only be entitled to reject the bike, if both parties can be restored to their original positions. So letting the dealer attempt a repair can also be deemed acceptance.

If your grievance is just about the price you paid, then the Courts do not usually like to interfere. If you think the problem is with some-body's negligence, these can be tricky to prove and you would be well advised to seek early legal advice. Similarly, if you are experience a serious fault which might be a product liability claim, then seek urgent legal advice.

Always take a step back and look at the problem objectively. If you can negotiate a settlement, it is usually quicker and cheaper in the long run. Keep a level head and a civil tongue and don’t make unreasonable demands.

Don't be someone else's learning curve. Call our 24 hour help hotline on 0800 783 6191 for clear, expert legal help or e-mail us at contact@whitedalton.co.uk

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