Author Topic: Shop sold me my ybr125 without telling me (Read 2927 times)

StrumminRonin · « **on:** 31, May, 2007, 12:20:33 AM »

I bought my red YBR125 on 15 May. The shop did not have the log book at the time, so I filled out the V62 from and expected to see the log book in due course.

I received a letter today from he DVLA, together with the V62 form I signed 2 weeks ago, asking for £25 as it wasn't listed as Cat C in their books. The DVLA want that money before they would issue me with the V5C.

I paid £1300 for the bike, as I was not told that the bike had been in an accident, nor was I told that it was category C damaged, so I paid with my debit card without much haggling. Being a novice, I was not aware that there were other problems with it. I just thought - hey, it's a 125, it's second hand, it's a little dinged. So what, I need a bike NOW. Well, that was 2 weeks ago.

The obvious scratch and dents are:

Cracked casing for speedometer
Paint on underside of tax disc holder and speedometer, but wiped off.
Head light with some dents and scratches.
Rear indicator on the left cracked at base of "stem"
Slight bent of front forks

With the help of a friend more problems were identified:
right brake lever set at odd angle
handle bars not straight
screw to clutch cable loose
chain is dry and loose, possible damage to sprocket

Now, is there anyone who can help me out? I have never owned a vehicle before so any help is MUCH APPRECIATED. I could do with a few bodies being present as witnesses too when I have the bike taken back to the shop in Shepherds Bush, sometime in the very near future. Access to a van would be really helpful too. Anyone, please?

« **Reply #1 on:** 31, May, 2007, 12:31:30 AM »

ok first of all, you need to return it straight away, even if they wont take it back, leave it on their forecourt, say its "not fit for purpose" as your reason for rejection.

As by law they are meant to sell you a vehicle that is fit for purpose.

You should also be able to contact youe card company and request a refund of the amount, if the shop is not willing to refund you.

If it gets messy get onto the DTI I think it is.

A friend of mines had a similar issue with a £7,000 BMW he bought, the engine fell out a few weeks later, and he followed the procedure, had a recovery company dump it on their forecourt saying he wished to reject the vehicle, they tried to argue that they were unaware of the fault, but he managed to argue that something like an engine falling out does not happen over night and he got a refund.

This company knowingly sold you a Cat C bike with numerous unrepaired damages, and things like handlebars not straight and a dry chain is really not on, and the bike is not "fit for purpose"

StrumminRonin · « **Reply #2 on:** 31, May, 2007, 12:40:19 AM »

Thank you very much, Goose. I am drafting the letter now.
I had some good times on the red bike... I think I'm going to miss it.

Incidentally, there is another fault with the shop:

They said they would lower the bike by adjusting the rear shocks when I bought it, they didn't. They only adjusted the preload, and then delivered it.

But here's a potential problem - I had the seat carved so it's been "lowered". Will that affect my rights?

Mr Rizla · « **Reply #3 on:** 31, May, 2007, 12:42:50 AM »

Question, cuz i for 1 dont know the answer.
IF a vehicle has been accident damaged and listed as in this case class C (Cosmetic) is this info shown on the v5 doc? Im guessin it is and that is a probable reason the shop never gave you the docs in the 1st place

« **Reply #4 on:** 31, May, 2007, 12:43:39 AM »

No it wont affect your rights, just means your likely to get a lesser amount back, best thing is to call trading standards.

StrumminRonin · « **Reply #5 on:** 31, May, 2007, 12:48:17 AM »

Mr Rizla, the shop didn't have the documents as they were destroyed by the insurance company, presumably of the last owner.

I don't want to pay DVLA the £25 and become the registered keeper of it, given that its "repair costs exceeds the vehicle's value".

Thanks, Goose.

« **Reply #6 on:** 31, May, 2007, 12:58:23 AM »

get a refund and try get a CBR125, the new 4 stroke one.

StrumminRonin · « **Reply #7 on:** 31, May, 2007, 01:06:45 AM »

Goose, cheers. I had originally wanted that CBR, but have seen a few of them around town by Leicester Square. They sound horrible!!

'>

I might get another YBR, but just from an authorised dealer next time

'>

« **Reply #8 on:** 31, May, 2007, 01:37:30 AM »

I agree with your advise Goose and yes you are right ive had a good way of resolving Misrepensentation acts and sales of goods act as well,ect.....Endless But works, StrummingRonin ,I Could help you getting your bike back to them and nearly guarentee you with a quick Refund or Exchange for something you will like or for half of your money back and you keep the bike if you wanted you too if you have the original sales recipt of the bike and Proof of Dvla giving you a reason to Pay ie. CAT C Worthless on log book, because by the books you should try to resolve it before attempts to report it then you know you have completed step 1 Which most people Doo Forget

'> I know you were Saying your an novice but I was looking at the ovious List you wrote that was noticable heres your list now:

The obvious scratch and dents are:

Cracked casing for speedometer
Paint on underside of tax disc holder and speedometer, but wiped off.
Head light with some dents and scratches.
Rear indicator on the left cracked at base of "stem"
Slight bent of front forks

With the help of a friend more problems were identified:
right brake lever set at odd angle
handle bars not straight
screw to clutch cable loose
chain is dry and loose, possible damage to sprocket

I would definatly Assume CAT C Write off But im Sure you realized there and then when you where buying it that it has Been Down The Road!!!!

But less of that if worst comes to worse they might have to give you a Refund of some sort as i can vouch the bike wasnt worth that Give me Full spec and year of your bike and Date of Purchase and i'll try and Figure out how much it was worth at traders at the time, even thoe that wasnt the condition

Ps. I Dont need your Number Plate just need First Letter on your plate and year even thoe you will not know untill you have logbook but we will have to figure that one out Approx,

But i can see why the Dealer new that you never had a clue and your entitled to a 2nd independant decision

'>

StrumminRonin · « **Reply #9 on:** 31, May, 2007, 01:58:58 AM »

Yamaha_Riders_Do_It_Better, than you very much for offering your help. How will I ever thank you?

It's a EU**, I have frame number V~

Other blurb from frame... E~

Have original receipt from shop, have the V62 that was sent back to me by DVLA, together with letter.

I am planning on asking for full refund of £1300, and fees for delivering the bike to them paid by them. I have a miniscule figure in my mind which I would consider entertaining in the worst case senario, where I have to keep it.

I think being cluless AND VERY DESPERATE FOR A BIKE (with intention on completing the DAS) made me very forgiving to the faults that were there on the bike.

« **Reply #10 on:** 31, May, 2007, 02:06:49 AM »

Struumin Can you edit and remove your frame number just incase you got thiefs monitoring our messages

Where are you based and when did you buy the bike?

StrumminRonin · « **Reply #11 on:** 31, May, 2007, 02:13:04 AM »

Yamaha_Riders_Do_It_Better, thank you ever so much. I am down the road from Firstline Motorcycles. Bought the bike on 15 March. Bike came from shop under the railway arches in Shepherds Bush.

« **Reply #12 on:** 31, May, 2007, 03:03:04 AM »

Pm sent I'll try my best to Resolve this issue as you need someone to talk to the shop as i think they would mess you around....if not sucsess then I will call for TLB back up and they will show them how to give you a refund

'>

And not only that I'm sure i can make them feel very guilty as they ripped of a lady.... you never know they might give you flowers and chocolates..

'>

StrumminRonin · « **Reply #13 on:** 31, May, 2007, 03:13:41 AM »

Quote (Yamaha_Riders_Do_It_Better @ May 31 2007,03:03)

... i think they would mess you around....

Cheers, and PM sent.

Yep, you're right. I lost my faith in the shop on the 21st May when I spoke to the boss/manager about a gear change problem. He came across as though I couldn't know how (bollocks to that! ), said I should bring the bike to him and he would show me. Yeah right... That was when I decided that I will spend no more money on the bike UNTIL I see the V5.

Before this whole thing started I had intended to get the bike fixed up by another guy, when the V5 "eventually" comes through.

Thanks again for offering to help.

MATTP · « **Reply #14 on:** 31, May, 2007, 07:10:00 AM »

Sad news StrumminRonin, I think you need to do what Goose says and get it back to the shop and give the keys to them. They need to know that, unless you get a full refund you are taking the issue up with your local authority and then moving onto to the DTI. I'll have a look over the net today and get a contact in the DTI for you to talk to about the issue. I'm sure a licensed shop needs to inform or list for the buyer all failings the vehicle has under the sales of goods act (or some other one as there are loads which the DTI hold). If a shop knowing (if they say they did not know then this is nothing short of a lie) sold a Cat C without informing the buyer then this is grounds to return the goods.

Its shops like this which would get a bike as part X for next to nothing and then try to flick it on to someone for a large profit. Not against them making money but at the same time they need to be front up about the bike.

Good luck.

trouty · « **Reply #15 on:** 31, May, 2007, 07:26:26 AM »

bent forks?? you never mentioned that on the phone to me! now that is potentially dangerous. although not always - i know guys who have raced a couple of seasons before realising that the forks were bent!

all the scratches here and there isnt worth worrying about. they were there when you went to look at the bike. and everything else can be sorted for very little ££'s. i'm sure a set of forks could be had for probably around £30 as well.

i wouldnt be happy about buying a bike from a shop and then finding out its a cat 'c', and that is wrong, you should have been made aware of that beforehand, however, if the price was right, then there's not much there that i would worry about uneccessarily (in my opinion, horses for courses and all that)

StrumminRonin · « **Reply #16 on:** 31, May, 2007, 08:30:19 AM »

Quote (troutslayer @ May 31 2007,07:26)

bent forks?? you never mentioned that on the phone to me! now that is potentially dangerous. although not always - i know guys who have raced a couple of seasons before realising that the forks were bent!

...

i wouldnt be happy about buying a bike from a shop and then finding out its a cat 'c', and that is wrong, you should have been made aware of that beforehand, however, if the price was right, then there's not much there that i would worry about uneccessarily (in my opinion, horses for courses and all that)

Hi Trouty, I found out about the forks after I spoke to you. :/

Have just spoken to the lovely people at http://www.consumerdirect.gov.uk/ and have found out that it's a buyers beware/shared responsibility issue. However, the fact that they did not have the log book in their office could imply that they were aware of the status of the bike, yet did not disclose it to me.

As for the price, I paid £300 less than what an authorised dealer asked for, for a similar bike. At the time I thought £300 would cover the damages, but I wasn't aware about the Cat C, bent forks, wonky handle bars and dry chain!

I am writing to my insurance company to cancel the policy.

Has anyone got a van and can help me with getting the bike from N11 to Shepherds Bush?

MacP · « **Reply #17 on:** 31, May, 2007, 08:34:49 AM »

The Cat C is a material fact that the buyer should have been made aware of in the first place.

Your local Trading Standards office has loads of info on this as does your local Citizens Advice Bureau (CAD).

StrumminRonin · « **Reply #18 on:** 31, May, 2007, 08:39:08 AM »

Quote (MacP @ May 31 2007,08:34)

The Cat C is a material fact that the buyer should have been made aware of in the first place.

Your local Trading Standards office has loads of info on this as does your local Citizens Advice Bureau (CAD).

Thanks for the info.

'>

Minnie · « **Reply #19 on:** 31, May, 2007, 08:46:00 AM »

Aww Gloria,

I am gutted for you and can only imagine how crap you must feel. It sounds to me that the boys know what they are doin and I am pleased that Clint is gona help you with the shop. I know with help like this you will be fine and on the road soon.

Let us know how you get on, keep smilling..

Ann

Terry · « **Reply #20 on:** 31, May, 2007, 08:59:51 AM »

Thats rough news sorry to hear that. Annoys me how people can be so damn nasty! Brother and friend of mine once brought bikes from a shop and they turned out to be write offs! The shop has gone bust now as a result it was only a little one man band place. To55ers these people. Hope you get it sorted!

« **Reply #21 on:** 31, May, 2007, 09:15:35 AM »

I have a motto which serves me well in my line of business it is "if in doubt, let the courts sort it out!" The law is on your side and so is everybody here

'>

StrumminRonin · « **Reply #22 on:** 31, May, 2007, 09:54:13 AM »

Thank you so, so much, every one. Clint has been great - what he's offered is far, far more than what money can buy. How best should I show my gratitude? And if it wasn't for Aceman, I would not have been aware that there were more damage than what I have been told about.

Ann, I do feel a little sad. I think the severity of it will sink in soon, and the anger will hopefully kick in. I had good times on that bike, it's a shame it had to end like this. The good thing is that it has brought me to places where I have never been even when it's chained up and locked up in a garage. I am so out of my depth now, but I am so glad to have you guys on my side.

Dancbr600rider, thanks.

MATTP · « **Reply #23 on:** 31, May, 2007, 09:58:55 AM »

If you have AA cover you could try and get the bike taken to the shop? Wishing I had a van to help you out

'>
I hate it when people are taken for a ride (I've had it happen to me in the past) and more important is you go to a shop in good faith that they will be the people who will help out. Very much not the case at that place

'>

StrumminRonin · « **Reply #24 on:** 31, May, 2007, 10:04:18 AM »

MATTP, thanks. I have roadside rescue, but I am cancelling the policy, given the bike was not sold as described (what little description I was given! See my earlier post.), I am rejecting the bike and giving up the insurance policy. It's a icky situation. : /

Come to think of it, I was told the bike hat 2K miles - it's actually just short of 2500 miles!!

'>

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Author Topic: Shop sold me my ybr125 without telling me (Read 2927 times)