Direct Bikes - more consumer disatisfaction **Resolved**

[Grumpy consumer]

I bought my son a Direct Bike and at £499 + costs which I expected. Whilst I was some what suspicious about the product given some of the things I had read on the internet I felt there was a lot of price gap between the nearest new product and Direct Bikes should anything go wrong.

 

I have to say the product which arrived was well crated and arrived in the time interval give and even though getting insurance and sorting Registration was a little problematic it got sorted and my son is extremely happy with the bike.

 

My issue is with their after sale or lack of after sales and I have experienced exactly what other have. Stone walling and its all my fault. As a motorcycle fanatic for forty years I've been repairing, restoring and servicing my own bikes for years and as my son is now doing vehicle maintenance at college, we have undertaken servicing to the bike at the recommended periods. However the automatic clutch has failed at 3months old or 1300 miles and I feel this is unacceptable. I have had communications with the company, so at the risk of being sued by the company here is the communications I had with them which is in contravention to their rider which says:

 

This email and any files included with it may contain proprietary and/or confidential information that is privileged and confidential and is for the sole use of the intended recipient(s). Any disclosure, copying, distribution, posting, or use of the information contained in or attached to this email is prohibited unless permitted by the sender.

 

I'm hoping they do, as this will get this matter to court.

 

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Q)The DB50QT-11 we purchase for or son has an automatic clutch issue could you pls supply me with an approved dealer within our area.

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R)Thank you for your email.

Please see information on your local approved service centres:

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Q)Thank you for your response. I have considered the two companies suggested but both are very busy with work . I have therefore been to a Garage near to my works.

They have looked at the clutch issue and tell me the belt drive on the back of the clutch has separated with the furthest rear belt plate becoming detached from the clutch unit and needs replacing. Whilst not uncommon he suggested it is normally the inside belt plate which normally detaches.

 

Since the bike is only three months old with approx. 1300 miles on the clock I would like to make a claim under the guarantee for the replacement parts to repair this fault.

Since I am not aware of the structure of the clutch assembly due to lack of a work shop manual I do not know exactly what parts for the clutch assembley are needed, but it will need a new clutch housing gasket

 

I would be grateful of further details regarding making a guarantee claim

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R)Thank you for your email.

Has your bike been serviced?

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Q)Yes . Using P22 and 23 of your customer manual. The inspection and replacements were done at both 3mths and 6mth mileage intervals by myself and my son because he is undertaking a vehicle maintenance course at college and he wanted the evidence with photos for his portfolio. However, some of the things you have on your inspection list need updating as they simply do not exist on this bike.

The only reason for having the garage do the work now is I do not have compression tools often required when rebuilding clutches, and without the ram-air socket its too easy to damage parts.

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R)You have confirmed that the scooter has travelled 1300 km with out two services carried out by yourself. The scooter is substantially overdue for its first service.

For the continued use and safety of your scooter it is essential that your scooter is serviced which ever is sooner at 300kms/3 months - 1000km/6 months 3000kms/12 months and every 3000kms / 6 months subsequently by an approved service centre.

This is clearly stated within the terms and conditions of sale. By way of example:

3.3. The Buyer acknowledges that the Goods are provided with the requirement to attach the wing mirrors, battery and any free accessories by the Buyer and all nuts and bolts need to be checked before road use. The Buyer acknowledges that the goods are not to be driven over 20mph for the first 100 miles of use. The Buyer acknowledges that the goods are supplied for public highway road use. The Buyer acknowledges that the Goods need to be registered with the DVLA and that the DVLA may wish to inspect and request the Goods to be tested and that the Seller does not cover any associated costs. The Buyer acknowledges that for continued use and safety the Goods need to be regularly serviced at the service periods are due at either distance travelled or time period of ownership, which ever is sooner, (300km / 3 months of ownership for first service, 1000km / 6 months for second service, 3000km / 12 months for third service and every 3000kms / 6 months of ownership subsequently) & mai

ntained by an approved service centre. In order to maintain high quality workmanship and sound mechanical practices you should only seek standard repairs and standard servicing in relation to the Goods from an Approved Service Centre with approved parts.

At the regular service intervals the scooters components are inspected, cleaned, adjusted, lubricated, and/or changed.

Under the circumstances we are unable to process a claim.

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Q)I would suggest you please read my previous e-mail and your reply. I clearly state the two services were carried out by my son and I. But in your reply you tell me:

“You have confirmed that the scooter has travelled 1300 km with out two services carried out by yourself.” This make no sense.

 

However, now to the facts as you well know. No matter what services have been done on the scooter the part which has failed is a none serviceable part and therefore it is reasonable to expect you to replace, free of charge, the parts required without the need for a protracted disagreement over wordage etc. The parts amount to only around £30-£40 retail and much less than this for your company. The largest cost which is labour you are not standing. So I would be grateful for you to contact the garage where I have taken the scooter and organise with them to send replacement parts which should not have failed after such short usage.

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R) Our bikes are not for self service, they need to be serviced by an approved service centre. This is clearly stated in the terms and conditions of sale: By way of example:

3.3. The Buyer acknowledges that the Goods are provided with the requirement to attach the wing mirrors, battery and any free accessories by the Buyer and all nuts and bolts need to be checked before road use. The Buyer acknowledges that the goods are not to be driven over 20mph for the first 100 miles of use. The Buyer acknowledges that the goods are supplied for public highway road use. The Buyer acknowledges that the Goods need to be registered with the DVLA and that the DVLA may wish to inspect and request the Goods to be tested and that the Seller does not cover any associated costs. The Buyer acknowledges that for continued use and safety the Goods need to be regularly serviced at the service periods are due at either distance travelled or time period of ownership, which ever is sooner, (300km / 3 months of ownership for first service, 1000km / 6 months for second service, 3000km / 12 months for third service and every 3000kms / 6 months of ownership subsequently) & mai

ntained by an approved service centre. In order to maintain high quality workmanship and sound mechanical practices you should only seek standard repairs and standard servicing in relation to the Goods from an Approved Service Centre with approved parts.

The belt, clutch and associated components are part of the services that you have failed to adhered to. Under the circumstances we are unable to process a claim.

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Q) Ok.

 

The Sale of Goods Act 1979 says that any item you buy from a trader must be:

of satisfactory quality

fit for purpose

match any description given.

If it isn’t, you can usually get one of the following:

a repair

a replacement

your money back (a refund)

some of your money back.

You will not have these rights if:

there is nothing wrong with the goods – you have just changed your mind about wanting them

you examined the goods, or a sample of the goods, when you were buying them, and the fault you want to complain about was so obvious that you should have noticed it

the trader pointed out the defect that you now want to complain about

you have damaged the goods yourself

the problem is the result of normal wear and tear

the goods have lasted for as long as could reasonably be expected.

This means that you fail on two counts since under no condition of servicing is this part of the motorcycle inspected or attended to. In fact it is behind a sealed cover which is never removed as part of any routine servicing. Therefore the item has failed sooner than would be reasonably be expected and was therefore not of satisfactory quality or fit for purpose. As such we are entitled to a repair or a replacement and you are using some unreasonable demands written into you blurb to try and reduce your liability which I can show is not applicable in this case by providing you with written statements from say five different service centres who will agree that your literature is not applicable.

 

If you still feel you are covered by your claus 3.3 then I will have no option but to pursue this matter through the small claims court and I’m sure that your tarnished reputation via Watchdog and trading standards in the past will do nothing but to support my claim.

 

I real do not understand why you feel this very small claim is worth fighting unless of course it is put into the context of say lots of individuals having similar problems with substandard parts which you refuse to deal with hiding behind clause 3.3 saving you say:

 

1000 claims p.a x £20 = savings to the company of £20,000.

 

 

I would ask you to reconsider my claim. Since given your initial response and anticipating your reaction, I have now purchased the parts required and the scooter is back on the road.

Because of this I now request a cheque for £25 to cover the cost of getting the parts and the postage needed. I am more than happy to supply you with proof of the repair and proof of purchase of the parts required.

 

All this said the scooter is really nice and a fantastic product for the price it’s just a shame you insist on such archaic aftersales service putting you company in such a poor light.

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R) Thank you for your email The sales of goods act 1979 does not cover misuse.

You have misused the goods by not servicing the vehicle as required. The service requirements are clearly stated in the terms and conditions of sales that you have agreed to upon purchase.

3.3. The Buyer acknowledges that the Goods are provided with the requirement to attach the wing mirrors, battery and any free accessories by the Buyer and all nuts and bolts need to be checked before road use. The Buyer acknowledges that the goods are not to be driven over 20mph for the first 100 miles of use. The Buyer acknowledges that the goods are supplied for public highway road use. The Buyer acknowledges that the Goods need to be registered with the DVLA and that the DVLA / HMRC may incur a delay in registration or wish to inspect and request the Goods to be tested and that the Seller does not cover any associated costs. The Buyer acknowledges that for continued use and safety the Goods need to be regularly serviced at the service periods are due at either distance travelled or time period of ownership, which ever is sooner, (300km / 3 months of ownership for first service, 1000km / 6 months for second service, 3000km / 12 months for third service and every 3000kms / 6

months of ownership subsequently) & maintained by an approved service centre. In order to maintain high quality workmanship and sound mechanical practices you should only seek standard repairs and standard servicing in relation to the Goods from an Approved Service Centre with approved parts.

Our vehicles are not to be self serviced. The terms and conditions clearly state that servicing is to carried out by an approved service centre

It is not possible to purchase a vehicle without prior agreeing to the terms and conditions of sale.

As advised prior the belt, clutch and associated components are part of the services that you have failed to adhered to.

Under the circumstances we will not be able to process a claim and is our final position regarding this matter.

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Further to your e-mail. I would like a plausible explanation as to how, by not inspecting the span clutch leaver which is the only reference to a clutch part in your service regime constitutes misuse when the scooter does not have a span clutch lever. Also, if the scooter had been to a motorcycle service centre they too would not have looked at or adjusted an part of the clutch assemble or parts that are not on the scooter. If non of the service items affect the clutch even indirectly how can this be categorised as misuse?

 

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Thank you for your email.

You have confirmed that the scooter has travelled 1300 km with out two services carried out by yourself. The scooter is substantially overdue for its first service.

For the continued use and safety of your scooter it is essential that your scooter is serviced which ever is sooner at 300kms/3 months - 1000km/6 months 3000kms/12 months and every 3000kms / 6 months subsequently by an approved service centre.

This is clearly stated within the terms and conditions of sale. By way of example:

3.3. The Buyer acknowledges that the Goods are provided with the requirement to attach the wing mirrors, battery and any free accessories by the Buyer and all nuts and bolts need to be checked before road use. The Buyer acknowledges that the goods are not to be driven over 20mph for the first 100 miles of use. The Buyer acknowledges that the goods are supplied for public highway road use. The Buyer acknowledges that the Goods need to be registered with the DVLA and that the DVLA may wish to inspect and request the Goods to be tested and that the Seller does not cover any associated costs. The Buyer acknowledges that for continued use and safety the Goods need to be regularly serviced at the service periods are due at either distance travelled or time period of ownership, which ever is sooner, (300km / 3 months of ownership for first service, 1000km / 6 months for second service, 3000km / 12 months for third service and every 3000kms / 6 months of ownership subsequently) & mai

ntained by an approved service centre. In order to maintain high quality workmanship and sound mechanical practices you should only seek standard repairs and standard servicing in relation to the Goods from an Approved Service Centre with approved parts.

At the regular service intervals the scooters components are inspected, cleaned, adjusted, lubricated, and/or changed.

Under the circumstances we are unable to process a claim.

If you require parts, please see the link below:

Please arrange your overdue service with your local approved service centre. We are the brand manufacturer of the scooter, as advised prior the belt, clutch and associated components are part of the services that you have failed to adhered to.

We have already confirmed our final position and will engage in no further correspondence regarding this matter.

 

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Well I'm sorry this is so long but it is as it is. I have sought legal advise but the cost of initial consultation etc, seem prohibitive given the small amounts involved maybe this is why they can get away with poor customer service?. I have passed this info on to trading standards and am awaiting a response so I suppose there is still hope yet. Might even give a copy to Watchdog. Maybe they will want to do another piece??

 

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[BankFodder]

Thank you for this very well laid out and very understandable account of what has happened.

 

I think that your logic is faultless. Although I would say that the terms of the contract referring to the need to have the bike serviced at the proper intervals are essential, the other aspects are non-essential. The need for the work to be undertaken by an approved service centre is in my view ancillary – an important thing is that the work should be undertaken by a competent and qualified mechanic and that the correct tools and the correct parts are used.

 

The fact that the part which has failed is a non-serviceable part and would not have become subject to any scrutiny by any garage undertaking the service is also an extremely important point – and I don't think that Direct Bikes can have any answer to it.

 

Your only mistake is not having come here earlier. I hope you didn't pay any money for your legal consultation.

 

Actually, you have made a second mistake in that you have complaint to Trading Standards and you expect them to take some action. They won't.

 

As Direct Bikes are acting true to form and delivering generally poor and reluctant customer service, there is really no further point in discussing the matter with them.

 

If you wanted to bring a small claim against them for your loss then we would help you and I would say that your chances of success are very high indeed – better than 85%.

 

I suppose that we may hear from Direct Bikes about this post at some point. They seem to complain to us quite regularly about the complaints that people put up on this forum about their bikes or the customer service.

 

Of course the solution is simple – if Direct Bikes provided good customer service, then we wouldn't have to do it for them.

 

As you say, the bike seem to be pretty good and certainly for the price point they sound excellent. I suppose that they have got lots of satisfied customers – but it certainly seems that when things go wrong, they prefer to save a few quid by quibbling in order to defeat their customers' consumer rights.

[Grumpy consumer]

Fortunately, I have not paid any legal fees. I was quoted £99 for a solicitor to look at the claim and even though I feel I have a really good case I actually can't really afford to pay that amount. So I searched around until I found your site and I'm really glad I did. I had no idea that "money claim" on-line existed let alone how easy and cheap it was to present a case. I have this evening started a claim and will complete it tomorrow when I have specific details required to complete the claim.

 

Therefore, I thank you for your guidance and will keep the site up to date on my progress.

Regards, Not so 'Grumpy Consumer'.

Edited January 27, 2015 by Grumpy consumer
spelling error

[BankFodder]

Don't forget that you must satisfy the pre-action protocol. This means that you must write, lay out your problem again and give 14 days notice of legal action. This is is an essential step in most cases - and certainly in yours.

Send your 14 days LBA and let us know what your claim will say. You need to keep it short and it doesn't need to be in any kind of formal language.

 

Also, you can add a modest figure for your labour in carrying out the repair.

I strongly suggest that you let us see it first.

[Grumpy consumer]

Wish I'd come back to the site first as I have completed the "money claim" and submitted it. I have been working on the basis of their last e-mail to me which states:

 

"We have already confirmed our final position and will engage in no further correspondence regarding this matter."

 

What would you suggest?

Edited January 28, 2015 by Grumpy consumer
error

[BankFodder]

Well you've filed the claim so it's a done deal now. However you have not followed the pre-action protocol and if they wanted to settle but avoid paying you your claim fee on the basis that you didn't follow procedure then they might have a chance. You would then end up winning £25 but losing £27 or so in costs. That doesn't work for me.

You'll just have to wait and see.

 

I think that you had better cool it in future. If you come here for advice then you need to consider it and also give people time to get back to you rather than rush off.

Also you need to read up on what you are doing so that you understand the steps. There's lots of info on this site. It's free of charge here but you have to take your time.

[Grumpy consumer]

Well, well, well. Yesterday I received an e-mail from Direct Bikes: " Without prejudice" of course which stated they are a London based company and the cost involved in defending this case up North in the back of beyond was not cost effective and so decided to pay the amount I requested.

This amounted to the: £20 for the cost of the clutch, £40 for the cost of fitting the clutch and £25 costs for taking the action. A grand total of £89 paid into my account.

Edited February 10, 2015 by Grumpy consumer
clarity

[BankFodder]

Very fair result. Well done.

Thanks for letting us know.

[Grumpy consumer]

Just in case anyone wishes to question the maths, there was an amount of postage and packing but only put the major items and rough amounts.

 

Many thanks to the team for advice.

[taffchef]

Thank you for this very well laid out and very understandable account of what has happened.

 

I think that your logic is faultless. Although I would say that the terms of the contract referring to the need to have the bike serviced at the proper intervals are essential, the other aspects are non-essential. The need for the work to be undertaken by an approved service centre is in my view ancillary – an important thing is that the work should be undertaken by a competent and qualified mechanic and that the correct tools and the correct parts are used.

 

The fact that the part which has failed is a non-serviceable part and would not have become subject to any scrutiny by any garage undertaking the service is also an extremely important point – and I don't think that Direct Bikes can have any answer to it.

 

Your only mistake is not having come here earlier. I hope you didn't pay any money for your legal consultation.

 

Actually, you have made a second mistake in that you have complaint to Trading Standards and you expect them to take some action. They won't.

 

As Direct Bikes are acting true to form and delivering generally poor and reluctant customer service, there is really no further point in discussing the matter with them.

 

If you wanted to bring a small claim against them for your loss then we would help you and I would say that your chances of success are very high indeed – better than 85%.

 

I suppose that we may hear from Direct Bikes about this post at some point. They seem to complain to us quite regularly about the complaints that people put up on this forum about their bikes or the customer service.

 

Of course the solution is simple – if Direct Bikes provided good customer service, then we wouldn't have to do it for them.

 

As you say, the bike seem to be pretty good and certainly for the price point they sound excellent. I suppose that they have got lots of satisfied customers – but it certainly seems that when things go wrong, they prefer to save a few quid by quibbling in order to defeat their customers' consumer rights.

 

i agree the after sales service is terrible. I paid for next day delivery for which i didn't receive, it came two days later but i had no refund for the one day charge which i requested, secondly i noticed my light on the bike is flashing on and off periodically when riding, i noticed this issue from 20 km on the clock, however they would not let me claim to fix as i did not notify them until my bike was showing 350 km on the clock, by this time they gave me the lecture of not having it serviced by 300km. terrible company and wont ever use them again or recommend them to anyone else.

[Medic22]

Just wondering if Direct Bikes has gotten better since this?

[silverfox1961]

Just wondering if Direct Bikes has gotten better since this?

 

Just because we haven't heard anything bad about them for a while means nothing. If you are thinking of using them, I would read up on the threads here and review sites as there may be more up to date news.

 

Personally, I would never use them after all have read.

[Medic22]

Just because we haven't heard anything bad about them for a while means nothing. If you are thinking of using them, I would read up on the threads here and review sites as there may be more up to date news.

 

Personally, I would never use them after all have read.

 

Okay, thank you SilverFox.