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 Post subject: New member with a legal problem from the mid Wales group
PostPosted: Sat May 30, 2009 1:48 am 
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80 cc
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Joined: Fri May 29, 2009 9:04 am
Posts: 28
Location: Llandovery
Hi i am a new member with the TRF and would like to say HELLO to you all. i bought a brand new Gas Gas EC 300 from a Gas Gas dealer in Cornwall 3 months ago and have had nothing but problems with it from day one, it has now done 450 miles and seized solid.
From day one it was missing like a fart so i phoned the shop up and he told me to adjust the air screw out to two and a quarter turns and change the plug, went out on another ride and still no improvement, i phoned the shop again after 150 miles on the clock to get further advice and he said to now start running it on 50-1 instead of 40-1 and change the main jet to the one that he gave me when i purchased the bike,as he said the one in the carb is a running in jet, so that’s what i done and still no improvement. so about 3 weeks ago i phoned him again and he said to whip the carb off again and move the circlip to the top of the needle and play with the air screw between one and three quarter turns and two and a half turns and it will run perfect he said, so i went out on the bike last Sunday for the first time since doing the adjustments and only got one and a half miles from my house and the back wheel locked up and i nearly went into an oncoming car.
Since having the bike i have changed the gear oil twice and i have been very Careful when mixing the fuel so i know everything i have done has been right.
I phoned the bike shop up on Monday morning to tell him what had happened and he is arranging a van to collect the bike, i told him i didn’t really want the bike back and he said that wasn’t an option, anyway it is Friday and still no sign of the van,
If anyone could help me with the legal side of this i would be very greatfull, i am so gutted after spending £5000 and not having a bike, i just don’t know where i stand. I have owned bikes all my adult life but this is the first new one i have bought, i bought a new one for reliability, well 3 months of ownership and i have already had to get the wife to pick me up with my trailor 3 times, not a very good name for Gas Gas i am afraid.
Thanks Ade.
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 Post subject: Re: New member with a legal problem from the mid Wales group
PostPosted: Sat May 30, 2009 2:07 am 
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80 cc

Joined: Sat Apr 04, 2009 7:12 pm
Posts: 94
Sorry to hear your woes with the bike - especially as it is new,

I'm afraid i don't know enough about running in 2 smokes to say if what you were told was reasonable-
it does sound like a lot of things to do to get a run in bike though,

I think if I were parting with that amount of cash I would expect at least an intitial service for free.
But then again you're a fair distance from the dealer, I'm guessing there's not one nearer you otherwise why go to Cornwall for it? Or was it a bargain price?

(oh not really massive saving having checked - http://www.gasgasuk.com/gas-gas-price-list.php)

I would also guess that while it's under warranty the dealer is within their rights to say no to a refund unless the bike is unable to be put right by them, equally you shouldn't be out of pocket or deprived of the bike for a long length of time.

How about discussing the situation with a consumer rights group? - don't know of one off hand but I bet citizen's advice could point you in the right direction.


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 Post subject: Re: New member with a legal problem from the mid Wales group
PostPosted: Sat May 30, 2009 12:27 pm 
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125cc

Joined: Fri Apr 10, 2009 7:26 pm
Posts: 206
Location: Melton Mowbray
I'm no expert but I'd say under the sale of goods act you're entitled to your money back as the goods weren't fit for purpose.

If I were you I'd take out Which Legal cover and see what they say.

You can join Which here: http://www.whichlegalservice.co.uk/

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Yamaha WR450 / BMW R1150GS Adventure
RoW East Midlands TRF


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 Post subject: Re: New member with a legal problem from the mid Wales group
PostPosted: Sat May 30, 2009 3:13 pm 
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80 cc
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Joined: Fri May 29, 2009 9:04 am
Posts: 28
Location: Llandovery
Thanks to you both for your advice, another thing i will mention is my friend has the same bike as me and he is getting 70 to 80 miles to the tank full and i am only getting 35 to 40 miles to a tank full, maybe this could be part of the problem, the bike shop where i bought the bike said it should be doing at least 80 miles, and me and my mate ride together, any ideas,
Thanks again
Ade.


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 Post subject: Re: New member with a legal problem from the mid Wales group
PostPosted: Sat May 30, 2009 8:46 pm 
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50 cc

Joined: Sun Apr 05, 2009 8:10 pm
Posts: 5
This is a draft of a letter from my solicitor about a new truck I had. I did get all my money back.
Ultimately you should have rejected it earlier or immediately as the catalogue of calls and fiddling will work against you. I say go and see a solicitor and go straight for the juggular.

Good luck.

DRAFT FOR APPROVAL BY CLIENT

By fax and by post: 01444 471273

Dear Sirs

Re: Nissan Navara Aventura 2.5DCi
Registration No: GY55 FZR (the “Vehicle”)

We are instructed by Mr James Rennick who purchased, pursuant to an agreement between you (the “Agreement”), the above Vehicle, new, with accessories, on or about 8 September 2005, and for which he paid you the total sum of £30,669.08.

It was an implied condition of the Agreement that the Vehicle would be of satisfactory quality, pursuant to s.14 of the Sale of Goods Act 1979. The following factors are indicative of its “quality”:

1. The fitness for the purpose which a vehicle of this kind is commonly supplied;
2. The appearance and finish of the Vehicle;
3. Freedom from minor defects;
4. Safety;
5. Durability.

In breach of the Agreement, the Vehicle has the following defects and is plainly not of satisfactory quality:

1. The hard top leaks. This was apparent to our client shortly after he collected the Vehicle from your garage on or about 8 September 2005. He made complaints about it without delay and you have attempted to remedy it. We are instructed however that your efforts to remedy the fault have failed;
2. The rear axle makes unacceptable noises and, it would seem, is indicative of a further underlying problem. Again, this was reported to you in September 2005 and you have failed to fix the fault despite attempts. Indeed, on 15 December 2005 we understand you acknowledged to our client that this defect is a recognised fault in the Vehicle;
3. The rear door to the top does not latch close properly;
4. The rear door to the hard top does not open properly, due, we are instructed, to faulty struts, one of which has already been replaced
5. The bonnet has come out of alignment;
6. There is rust on the inside of the petrol flap;
7. There are blemishes in the paintwork.


The above amount to breaches of the implied term as to satisfactory quality and fitness for purpose, entitling our client to reject the Vehicle, which he now does and a demand is accordingly herein made for the return of the said sum of £30,669.08, being the price paid for the Vehicle and further damages for breach of contract [James – have you incurred any expenses as a result of the problems with the car? Taxi fares? Car hire?] (Not Yet) plus interest at a rate of 8% per annum from the date of delivery and continuing at that rate until Judgment or sooner payment.

Our client will be returning the Vehicle to you within 24 hours [James – is this ok?] This can be done or they can pick it up – which ever you suggest is better. beginning from the date of this letter.

May we please have your cheque payable to our client in the said sum of £30,669.08 within 14 days of the date hereof?

All our client’s rights and remedies are expressly reserved.

Yours faithfully


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 Post subject: Re: New member with a legal problem from the mid Wales group
PostPosted: Sun May 31, 2009 10:51 am 
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200 cc
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Joined: Sun May 10, 2009 7:21 pm
Posts: 259
Location: North-West Kent
Someone that I know has the same bike & he has had no problems with it at all.

KTM enduro bikes come with a 1 month warranty as it is a race bike...what was specified when you bought the bike??

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 Post subject: Re: New member with a legal problem from the mid Wales group
PostPosted: Mon Jun 01, 2009 1:39 pm 
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650 cc Monster

Joined: Fri Apr 03, 2009 3:08 pm
Posts: 4440
I'd reject the bike under the Sale of Goods Act.

Did you buy it on dealer-arranged finance? If so, you need to get the finance co involved!

Tell them you are rejecting the bike on the grounds of unrelibility and incompetent preparation by the dealer (their agent). Demand your money back from them.


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 Post subject: Re: New member with a legal problem from the mid Wales group
PostPosted: Mon Jun 01, 2009 4:03 pm 
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125cc
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Joined: Mon Apr 06, 2009 10:57 pm
Posts: 107
Location: Blackpool
Just sounds like a dodgy bike to me. I have owned 2-strokes for the past 30 years and never heard of a modern manufacturer (post 60's) suggesting a "running in" jet. They sometimes specify a hotter plug to stop it fouling during the slower running period.

The jetting should be set up to run cleanly irrespective of whether you are running in or not. You can richen it in the low to mid range slightly by lifting the needle and playing with the air screw during the running in period if you want to be over cautious, but this is all it should take, not a jet change unless you live on the top of a mountain! The manufacturers generally jet them for running at sea level but the kind of elevation changes we get in the UK don't really warrant altering the jetting, but even if you need to, then you are only talking about one or two sizes either way. It makes a slight difference if you alter the pre-mix ratio. If you increase the amount of oil, say from 50:1 to 40:1 then you are flowing 0.5% less fuel thro' the same main jet, but it is neglible.

It would be useful to know if your bike has the standard jets fitted or if it is just masking another problem such as ignition timing or air leaks somewhere. 2-strokes are very fussy about timing and if you have a leak, particularly crank seals, they can be almost impossible to set up properly. It would be very unusual for a new bike to have these problems, particularly bad crank seals, but something is obviously not right.

Sounds like he has messed about with it or does not know what he is talking about. Have you compared jet sizes to your mates bike? Did you not get a handbook with it with a specification for jets, plug type, pre-mix ratio and running in procedure? If you did not get one, see if you can download one from the Gas Gas website. All this would be useful ammunition/information if he has misadvised you and you have to take it further.

I am told that the small claims court is very good and I think from memory they go up to £5k, also a trip to Citizens Advice may be useful. Good luck!

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Tony Davenport
Lancashire Group
http://lancashiretrf.free-forums.org/


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 Post subject: Re: New member with a legal problem from the mid Wales group
PostPosted: Tue Jun 02, 2009 6:44 pm 
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80 cc
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Joined: Fri May 29, 2009 9:04 am
Posts: 28
Location: Llandovery
Thankyou very much for all your good advice, the bike was collected yesturday and is on it's way back to cornwall for repair. I will keep you all informed of any progress
Thanks again
Adrian


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 Post subject: Re: New member with a legal problem from the mid Wales group
PostPosted: Mon Jul 20, 2009 11:43 am 
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400 cc
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Joined: Fri Apr 03, 2009 3:44 pm
Posts: 1218
Location: East Yorks
I dying to find out what has happened with this.........

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