Triple Trouble - Consumer Rights

[weeksy]

I have spoken with Citizens Advice.

They said that my contract is with the dealer that sold me the bike - not Triumph UK (I haven't actually contacted the dealer that sold me the bike but rather the dealer that I'm closest to and who have been servicing the bike for the last 2 years). They suggested that I email them quoting the Consumer Rights Act 2015 with says any goods received should be of satisfactory quality and ask for a first tier remedy - a repair or replacement. I have six years from the date of purchase to make a claim under that act.

I will send that email later.

[Mr. Dazzle]

(I haven't actually contacted the dealer that sold me the bike but rather the dealer that I'm closest to and who have been servicing the bike for the last 2 years).

Ha, I didn't realise this!

Yeah I can see why they're not gonna offer you the cost of your repairs You'd be asking them to pony up for another dealer's responsibilities.

[Demannu]

I think you're going to be caught in an infinity loop.
Dealer you bought the bike from will claim the other dealer fucked up. Other dealer will say we helped beyond the guarantee ended, no longer our problem. Triumph will say speak to the original dealer.
Methinks you will have to go to court and PROVE the competence of the other garage.
Not wishing to be devils advocate here, but clutches are consumables. If the baskets are absolutely knackered, then possibly there could be a manufacturing issue, but if your bike just eats plates, then there so many variables involved (including your riding) that may cause the claim to collapse.

[G.P]

I think Demannu is right. Have you thought of going straight to Triumph UK ?(apologies if you already covered that!)

I know this won't make you feel better but I've just returned from a trip to the Pyrenees on my 2011 Tiger 800 with its original clutch and 58,000 miles on it. Clutches may be consumables, but I've had wives not last that long!

[Whysub]

My dear old dad used to go through clutches in his work Astra van with regular monotony. He always blamed the garage, despite the fact he used to ride the clutch all the time. No wonder they only lasted 10,000 miles at most.

I'm not suggesting that this is how you ride, but if you were that dealer, would you think the customer was to blame?

I tried to sell my immaculate 2008 Street Triple with just 6,000 miles on it, with full documented proof. No dealer here (even Triumph) wanted it, as it seems few riders here like them.

I have since gelled with the bike, so it might as well stay now

[Trinity765]

(I haven't actually contacted the dealer that sold me the bike but rather the dealer that I'm closest to and who have been servicing the bike for the last 2 years).

Ha, I didn't realise this!

Yeah I can see why they're not gonna offer you the cost of your repairs You'd be asking them to pony up for another dealer's responsibilities.

They're the same dealer that did the last clutch and the cams and as I understood it, Triumph UK covered it.

[Horse]

I'm not suggesting that this is how you ride, but if you were that dealer, would you think the customer was to blame?

That depends on what the failure actually was.

[Trinity765]

You're making this very complicated and I think the CAB is sending you down the garden path, possibly because what you're telling them is confusing.
You have...

Triumph UK
Dealer A - that you bought the bike from.
Dealer B - that did repairs.

Your issue needs to be taken up with the last dealer that did any repairs, your argument will be that they did not fix the bike to a suitable standard or fitted faulty parts (I think that's Dealer B?).

You recover your loss from Dealer B.
Dealer B has a contract with Triumph and they may take this up with them to recover their loss, if they believe that parts are at fault.

There is no point going to Dealer A unless they are the people that last worked on it, because they'll claim that there was nothing wrong with the bike when you rode away on it from new and Dealer B subsequently made the mistakes.
You could go direct to Triumph, but they will refer you back to the dealer that last worked on the bike, probably.

Basically, go to the last place that replaced the clutch and cams, and tell them that you're opening a case because the bike has failed and you're holding them responsible. I wouldn't even be blinking at this point, I'd have already done it.

But...respectfully (I don't know how to say this any more politely)....I don't think you're equipped to deal with this, you're going to need to understand contract and consumer law, have all your ducks lined up nicely and be sharp on every point, unless you're on the ball they'll tie you in knots and frankly based on what I've seen on this thread I think they'll outwit you and it'll take six months of your time off you.

There is no shame in not being an expert in everything, none of us are, you have to accept your limitations, if you can afford it then perhaps you'd be better off taking the hit, don't get into a wrangle where you're not equipped to win, get your slightly lower trade in and walk away with a new bike.

Thanks, that was polite and I think you are correct.

I told the CAB in a clear, chronological way, giving dates and the names and address of the dealers. Any confusion is around where the responsibility lies, with the dealer that sold me the bike or the dealer that repaired it.

I have a biking buddy friend who is a contracts solicitor and he was the first person I contacted about it, so if it did go as far a court I'd be hoping for mates rates. However, I don't think it will go that far for what is a £1,500 loss.

[Dodgy69]

I you do the trade in deal with Triumph, make sure the new bike has proven itself. No new engines, no major engine updates. Something thats been out for a year or 2 or 3, with some no trouble high milers knocking about. They do make decent bikes aswel.

[Demannu]

Not that I read the Scum, but it popped up on my feed and thought it to be relevant-ish
https://www.thesun.co.uk/motors/2017349 ... phic-leak/

[Whysub]

Not that I read the Scum, but it popped up on my feed and thought it to be relevant-ish
https://www.thesun.co.uk/motors/2017349 ... phic-leak/

Reads more like an ad for her equestrian centre!
Pays £122k in August 2018, and in November 2019, after the water damage, experts valued the car at £8,500.

I imagine the car was repaired by Mercedes, or sold via Copart (for much more than £8,500) and is back on the road.

As usual, terrible journalism strikes again