Beware, its a sort of rant
I purchased a second hand bike from a local dealer (who i will name and shame massively when this is sorted/my warranty has run out and i can be free from their incompetence) and in this time it has had two problems.This isn’t really a problem as its a second hand bike and things do break with age (one was a very well known fault with the model)
The issues I have are the fact that they took two goes to fix one of the problems after i explicitly told them what it was, the first attempt they did not fix it and did not put my bike back together properly, i did it myself after i retrieved the parts from them. The second time they lost my key but mysteriously had an old looking replacement key, highly likely to be the second key i was not given as they “didnt have it” whne i bought it.
The other issue is a knackered speedo, the first time it went in they say they replaced the cable but this didnt solve it, as this was the most likely cause but it proved to be the actual clock that was broken, i dont have a real issue with this. Eventually they did replace the actual clock and it worked fine for a while and now there is something not working again as the speedo needle stays at zero.
This is causing huge inconvenience and the bike used to belong to the shop so I am wondering if they knew it was knackered when they sold it and why they miraculously only found the second key after i had one cut myself…
Do i have any grounds to complain/make demands/compensation ect.ect. ?
And this was a partx and the bike was restricted by them, so if the answers to the above are “yes, return the bike” (or something similar) is the cost of restricting the bike important.
Also, as it is still under-warranty, by a few days, and i need transport as it is exam season, am i able to get any replacement wheels out of them?
was the speedo working when you bought the bike ? if not then as far as i am aware, the dealer has a legal obligation to sell the bike in road legal condition (unless it is being sold for track use or for spares etc) a requirement is for a working speedo so if your speedo doesn’t work then the bike is not “fit for purpose” you may wish to contact your local trading standards office.as to getting a loaner or compensation, that is a bit more cloudy, as they have attempted to rectify the problem, which is what the law requires, and I assume they haven’t yet refused to rectify the latest fault?
There are a few things here, one is that anything sold by a business to a customer is generally covered by the Sale of Goods Act, which says things like, the item must be fit for purpose, it must be as described etc etc.
There is also some contract law involved with the idea of the representations made to you about the state of the bike at the time you bought and whether these amount to warranties or conditions of the contract (don’t be confused the term warranty in this context just means a minor term and a condition is a major term), whether you inspected it, whether you test rode the bike will all go to whether those representations were a warranty or a condition. Which they are will decide any remedy you are entitled to.
As to remedies and how this law is applied, I don’t know, I am just a student, I just know the academic background to it. I suggest CAB or your local Trading Standards office. Actually I think they have a national office hotline now. Its an 0845 number but I can’t remember it and am busy revising, shouldn’t even be here, but since it was a legal problem I thought it might help get he brain going.
The law on second hand goods depends a lot on age, condition, description and what you paid. Pay peanuts and the law says you can expect a dog. Buy a bike looking and described as being very good wit ha price to match, and you have much greater rights.