Advice Please

May be worth a call to Trading Standards to see where you stand. Then you can contact Triumph with authority and mention Trading Standards ...

 

The consumer rigts act, in theory, should give you some protection. It sounds like the bike is not fit for purpose, and as not been since it was sold to you. This may be of help: https://www.whatcar.com/news/your-legal-rights-if-something-goes-wrong-with-your-car/n3307

Consumer Rights Act: http://www.legislation.gov.uk/ukpga/2015/15/pdfs/ukpga_20150015_en.pdf

 

Yep...Consumer Rights Act. If you financed your bike, take it up with the finance company - and if it's Black Horse, then their complaints department will be able to guide you.

I have just used the 30-day reject process very successfully, but don't have direct experience of how it works when the issue has gone on for longer.

You have rights (as you can see below) and I'd recommend that you start the process. I guess I'd call Citizens Advice - https://www.citizensadvice.org.uk/a...e-consumer-work/the-consumer-rights-act-2015/ and go from there.

Consumer Rights Act 2015

Key rights:

The motorcycle must be of 'satisfactory quality'. The description, price, condition of the motorcycle, fitness for purpose, appearance and finish, safety, durability and freedom from minor defects are all important factors when considering quality. If the motorcycle is not of satisfactory quality then you are entitled to a remedy.

Key remedies:

Short-term right (30 days) to reject the motorcycle and obtain a full refund.
Right to a repair or replacement (within first 6 months)
Right to a price reduction or a final right to reject the motorcycle.

Note: under the final right to reject (where you are entitled to reject the motorcycle for a refund) a trader can make a deduction from the refund for the use you have had from it (applies if the motorcycle is a 'motor vehicle' as defined by the Road Traffic Act 1988).​

 

Having the finance company take up your case is a massive advantage - but paying cash shouldn't be a problem as such (as Pete's consumer rights remain intact). It's just more difficult to know how to proceed.

I'd definitely call Citizens Advice and ask how to start a claim/complaint. Rights are rights!

 

I've just called Citizens Advice - you do have a 'final right to reject', but the timings and actions that you've taken so far need to be taken into account and catalogued in a formal letter to the dealer. There are some key phrases that you need to include (you have my telephone number, so do me call later and I'll explain).

My case took two months and I had to take small steps, getting everything agreed and ticked off in the right sequence, before thinking about the next. The first step is to get a formal letter (or email) to the dealer - you have nothing to lose.

If your Triumph dealership is dismissive, then you can then take it up with the Motor Ombudsman, but you HAVE to have started the process I'm describing first.

 

You might find it helpful - and anyone coming to this cold certainly would - if you created an itemised time line in a table/spreadsheet starting with the purchase and then every fault by date, detail, rectification, time off road any maybe a running total so e.g. in 108 days of ownership you have had 47 days of use and 61 days in the dealers. It paints a picture all of its own; not least because brakes, fuel and gearbox are critical in a way a paint blemish is not.

 

What I not understand is, why is your workshop not able to bring your bike back to its normal stage? Probably it's because they don't earn anything on a warranty.

 

I agree with @littleade that it is the dealer who has to either swap the bike or refund your money irrespective of what Triumph says. Even more so if you bought a used bike. You would have had more success if you were within 30 days or even 6 months of ownership but given that you have had the bike for almost or more than a year, it is going to be very tough, if not impossible, and depends to what extent (read legal challenge) you want to pursue the right to return. And if you have done any mods or added accessories to the bike during your ownership, you can forget any chances to swap as the dealer/Triumph will claim that the bike has changed from what was sold to you.

At this stage, as first choice, the dealer is required to put the issues right for you and only when the faults cannot be repaired, will the dealer be obliged to give you a replacement. Of course, if you have a detailed list of all the problems you had, how they prevented you from riding, how and when you communicated them to the dealer and anything else which helps prove that you could not use the product for its intended purpose, helps strengthen you case in case of legal redress.

In your position, I would try and sell this bike for a reasonable deal or exchange it for another brand/model. You will however end up losing some money but will save a lot of hassle, peace of mind and potentially a positive relationship with your dealer.

Good luck and genuinely hope you get this sorted to your liking.

 

Just a thought, an email to the Triumph CEO office with a complaint can sometimes get you some sort of action where others have failed.

I've had some success with various companies over the years. Maybe worth a go listing your woes.

nick.bloor@triumph.co.uk

Edit: Other options are highlighting this on their social media. Sadly shaming companies online seems to get results.

 

RsPete.
All these observations are great. Make sure you make a note of how long the bike has spent in workshops and not in your possession as this adds to any warranty. Why have a warranty when you don't have the bike. Certainly not fit for the purpose you purchased it for. And do get over the fantastic dealer syndrome they might be the greatest people in the world with the biggest smile. But they took your money for a bike that is not road worthy so you need them to rectify that. And if that's them sending you bike back to Triumph and stating that Triumph sold them faulty goods that they then passed on to you then let it be. And a detailed letter to MCM can raise eyebrows aswel. You should not have to do all this if the manufacturer was any good.
Regards
Joe.

 

There is always social media if all else fails. Has worked for many in the past.

Hope you get it sorted and it hasn’t tainted your views on the triumph brand

 

I feel your despair! I had a similar issue with a brand new KTM, bought new from a multi-franchise dealer in Maidstone (anyone living in Kent, will know the outfit????).
Like yourself I paid cash, from day one I had nothing but hassle!
Leaking hydraulics, leaking coolant, software issues, bad mouldings...... basically a lemon!
The dealers, namely L**una were useless, pretending to have an interest in resolving. But neither the dealer or KTM gave a toss. Backwards and forwards to the workshop was really the only mileage the bike got!
KTM even have a policy of not talking directly to their customers?
After 3 months, had to threaten legal action before I was given a FULL refund.
Keep a record of all your events, dates of workshop visits, emails etc. It looks good on paper if you have to go down the legal route.