Another Direct Bikes Problem. MCOL issued

[waterlicked]

hi there, I found this forum by accident as I am having similar problems with direct bikes as the op. my scooter was delivered on Friday 29/5/15. I fitted mirrors and battery and drove it down my driveway to make sure all is well. it was at this point that I discovered a violent wobble with the steering. I've got no confidence with the scooter at all and directbikes have been very slow respond to the problem. they are aware through email of the steering problem, but I really want to return it and get my money back. unfortunately, I paid by debit card because I don't have a credit card so I have no protection that way. am I in my rights to return the scooter for a full refund and how should I go about it?

[silverfox1961]

Hi and welcome to CAG,

 

I have moved your post from the end of an existing thread to one of its own so that you won't get missed.

 

You are well within your rights to reject the bike (formally, in writing)

 

Make sure everything is in writing as you want a paper trail.

 

If they insist on speaking on the phone, record the conversation. You don't need to tell them that you are doing so.

 

Your objective is to get a full refund, including delivery charge and for them to collect the faulty item at their cost. These are your rights.

 

Contact them now so that they cannot deny that you have rejected the bike.

 

Although you paid by debit card, some are covered by a chargeback scheme. Visa debit usually cover you. Check with your bank

[waterlicked]

thanks for the reply. i'll send them a letter by rm special delivery in the morning telling them that I am rejecting the scooter and want a full refund inc delivery costs. I will also contact my bank and ask them for their help/advice with the problem. is there anything in particular I should include in the letter with regards to soga and dsr?

[waterlicked]

update. I sent direct bikes a letter by royal mail special delivery on 4/6/15. the tracking info says it was delivered at 11.36am on 5/6/15. the letter I sent reads as follows...

 

 

Dear sir/madam,

I write to you today about the scooter that was delivered to me on 29/5/15. I am notifying you that I am rejecting the scooter and want a full refund of both the purchase price and delivery costs. There are 2 reasons for rejecting the scooter. Firstly, I paid for a new scooter, but there are 2.5 miles on the clock so the scooter is not new. Secondly, after I unpacked the scooter, a serious fault with the steering became apparent so the scooter is damaged on delivery. You have been notified both by phone and email about this fault and the seriousness of it's nature. Under the Distance Selling Regulations Act, I have 7 working days to examine the goods. I am well within the time scale required. Irrespective of DSR, under the Sale Of Goods Act, the scooter was not as described and damaged so it is your responcibility to collect the scooter at your expense and to refund me the full purchase price including delivery costs. I would like the scooter to be collected asap and my refund within 7 working days. You should take this letter as part of the pre-action protocol and if the matter is not sorted out to my satisfaction within the 7 days, i will be starting a claim in the county court to recover all my costs and expenses incurred.

the 7 working days will be over tomorrow and I have not heard anything back from direct bikes at all. they haven't made contact to either collect the scooter, or to arrange my refund. what should be my next step? should I have to send a letter before action to them? what are my options?

[silverfox1961]

I'm not sure that the two and a half miles on the clock will make much difference. No new vehicle arrives with the clock on zero.

 

You should now send them a LBA giving them a further 14 days to resolve this and if they fail to respond, imitate court action.

 

If you do choose court action, I (or one of the team) will move this thread to the legal issues section where you will get help to write the POC's

[waterlicked]

thanks for the reply. i pointed out the 2.5 miles as there is a possibility the bike wasn't exactly new, and there could have been a possibility that this scooter has been sold before with the same steering problem and returned back to them only for them to try to sell it on again. i'll prepare the lba and i'll send it off on Tuesday if i don't hear from them. i will of course keep you updated. thanks for your help

[waterlicked]

I've had an email from direct bikes. they are requesting that I take photo's of the alleged problem with the scooter. how am I supposed to take photo's of a problem with the faulty steering? should I reply to their email or continue down the road of sending a lba?

[silverfox1961]

I would email them back saying that as the fault is only visible whilst in motion, it would be very dangerous to photograph it

[waterlicked]

I replied to the email as you suggested and I've had a reply back. it reads....

 

 

 

 

DIRECT BIKES (Direct Bikes)

Jun 18, 11:33

You advise that the vehicle is damaged, please show us by return email either by photo or short video the damage so we can see your alleged issue. You are put on formal notice we require this by close of business 19th June 2015. Any attachments need to be under 1mb in size.

Please note for any damage you are required to sign for the goods damaged or refuse the goods.

12.2. If the Goods have been damaged or shortage upon receipt, you are required to check the goods before signing receipt. If the goods are damaged or there is a shortage you are required to sign for the goods stating on the delivery note the damage or shortage or refuse the goods. You agree to notify us of that damage / shortage in writing by recorded delivery to our contact address set out in clause 1 or by email to (email address), and in each case you agree to send that notification within 48 Hours of the delivery of the Goods in question.

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

The courier has advised you have not signed for the goods damaged or refused the goods and have signed for the goods in good condition.

Kind regards,

Direct Bikes

how should I respond to this?

[silverfox1961]

Did they not read your other email.

 

That email has as much power as I have. None.

 

They cannot impose anything. Yes you could take a photo of the steering but what would that show?

 

You could suggest that they agree for you to get an independant report done and when it shows what the issue is, they refund you the costs.

 

As there is no way you could know there was an issue until after assembly, that clause they state is unenforceable.

 

As it is now getting silly, I would be sending them one letter by post and by special delivery giving them 14 days to rectify the issue or you will begin court action against them. Only do this if you intend to follow through. Don't make yourself look silly.

 

I am going to ask for site team input as this is going away from what I know.

[waterlicked]

I sent them a lba by registered post yesterday giving them 14 days to refund or I would be taking them to court. I am of course willing to follow through with court action. I have also contacted my bank for advice too. I bank with Barclays and from what I understand, they don't want to get involved with a chargeback until all other avenues to resolve the problem have been exhausted. in the meantime, should I reply to their email?

[silverfox1961]

I wouldn't. You have already sent the LBA. They know your stance.

 

If you did reply, just refer them to your LBA

[waterlicked]

ok thanks. I'm not going to reply then. as you say, they know where I stand on the matter. thanks for your help and i'll keep you up to date with any developments

[BankFodder]

You are describing the scooter as damaged, but it would be better to describe it as defective or faulty.

 

We have experience of Direct Bikes on this forum – and what you are experiencing here seems to be fairly normal.

 

I suppose there are lots of people who are happy with their bikes because they receive them and drive them without any problems. However, it seems that when things go wrong that Direct Bikes aren't very good at consumer support.

 

For this reason I would generally advise people to avoid Direct Bikes and to look around for more customer-facing company.

 

In our experience, it generally takes the real threat of legal action to get things sorted out with this company. This doesn't mean that you can get away by bluffing. It means that you must be prepared to take legal action if necessary and that if you are prepared to threaten it, then you go ahead with it if what you are asking to happen does not happen.

 

The Distance Selling Regulations which are now contained in the Consumer Contracts Regulations allows you to return an online purchase within 14 days for any reason.

 

Apart from these regulations, you are covered by the Sale of Goods Act which basically mean that an item which you buy must be of satisfactory quality and must stay that way for a reasonable period of time.

 

In your situation it seems that the bike that you have received is faulty and as it seems to have been faulty right from the word go, you are entitled to return it for a full refund.

 

By causing you problems about this, Direct Bikes is acting unlawfully.

Write to Direct Bikes immediately and tell them that the bike is faulty, describe the fault and tell them that you want them to organise the collection of the bike and the refund of your money. Tell them that if they will not do this, that you will take the bike to a mechanic for an assessment of the fault in order to obtain a written report.

 

Tell them that once you receive this report, you will be preparing to sue Direct Bikes for the return of your money including any money that you have to pay for the mechanics assessment.

 

Tell them that in any event, if you incur any expenses in respect of their faulty goods – including the cost of the mechanics assessment, that you will sue them for that as well.

 

 

As soon as you have done that, take the bike off the road and don't drive it any more.

 

If you have to pay for any storage of the bike, then let Direct Bikes about it in advance and tell them that they are also incurring XX storage costs per day for so long as they cause the delay in collecting the bike.(Be sensible about this figure – it is not an opportunity for a money-grab)

 

Do understand that you are completely in the right. There is no reason for you to suffer any loss or inconvenience on this matter.

 

The only thing that counts here is that you are prepared to take legal action. In your case, legal action is extremely easy, very cheap, and your chances of success are better than 95% if you get a mechanics assessment that there is a fault.

 

Don't waste any time on this. Don't get involved in any protracted correspondence or discussion. If you do anything on the telephone then first of all read our customer services guide and make sure you implement the advice there fully. This is very important.

 

By the way, Direct Bikes regularly look at this forum and they will see this thread. You may even find that they will demand that you remove it.

 

Don't worry about this. Don't be fazed. As long as you are straight dealing and honest and clear about everything, there is no possible disadvantage to you letting us know everything that happens on this forum and allowing us to help you in the best way possible.

 

Direct Bikes are crazy because it seems that they have got a good cheap product which suits the purposes and pockets of a lot of people and yet they are prepared to wreck their reputation so easily.

 

Cheap bikes, cheap reputation

[Marky D]

how long did you wait for the paperwork for the bike i have the bike but still no paperwork after 2 weeks they sent them three times now last time was recorded delivery 5 days ago they keep fobbing me off on the phone and are unable to give me a tracking number

[dx100uk]

how long did you wait for the paperwork for the bike i have the bike but still no paperwork after 2 weeks they sent them three times now last time was recorded delivery 5 days ago they keep fobbing me off on the phone and are unable to give me a tracking number

 

 

 

better you start a new thread

 

 

of your own.

 

 

dx

[waterlicked]

how long did you wait for the paperwork for the bike i have the bike but still no paperwork after 2 weeks they sent them three times now last time was recorded delivery 5 days ago they keep fobbing me off on the phone and are unable to give me a tracking number

 

 

the paperwork came through about a week after they had received my letter to them telling them I'd rejected the scooter

[waterlicked]

I sent direct bikes a lba as advised and gave them 14 days to issue my refund. today is the last day of the 14 days and it doesn't look like they are going to refund me. I'm now stuck with a faulty scooter in my garage that I really need out of the way. the scooter I bought to replace it (I need it to get to work) is being left outside because I can't get both scooters inside my garage at the same time. what would be the best way to go about getting my money back? as I understand things, I have 3 options. 1. ask Barclays to do a chargeback, 2. file a claim in small claims court, 3. file a claim using mcol. which route would you suggest I take?

[waterlicked]

i decided to contact Barclays to try to get a refund. they said they were unable to help due to the scooter still being in my possession. I am determined to get my money back. how do I start a claim through small claims court?

[waterlicked]

the situation has escalated. I registered on the government gateway (which took 2 weeks), so that I could use mcol. I filled in all the details and paid my £60 to serve the claim. I have now received an email from direct bikes and it says...

 

 

DIRECT BIKES (Direct Bikes)

Jul 31, 18:16

WE ARE IN RECEIPT OF YOUR CLAIM THAT IS BEING DEFENDED IN FULL.

TO DATE WE HAVE RECEIVED NO EVIDENCE OF ALLEGED DAMAGE DESPITE NUMEROUS REQUESTS. TO CLARIFY AGAIN IF YOU ARE UNABLE TO TAKE A PHOTO THEN PLEASE PROVIDE A SHORT VIDEO SHOWING THE ALLEGED DAMAGE. IF YOU ARE UNBALE TO TAKE IT YOURSELF THEN PLEASE GET A THIRD PARTY TO VIDEO OR PHOTOGRAPH.

Kind regards,

Direct Bikes

http://www.scooter.co.uk

THE UK'S NO.1 SELLING 50CC SCOOTER CONFIRMED BY THE DVLA *


they HAVE been made aware that the scooter is unsafe to ride due to the steering problem. what should I do next? how can I demonstrate the fault to them? from what I read in the email, they are going to defend the claim. I'm really worried and at my wits end with this company.

[silverfox1961]

As you have now filed court papers, this thread would be better in one of the legal forums. I will move it there so that the legal experts can assist.

 

I feel it is highly unlikely that a third party video will show anything as I think they would need to be on the bike to see as well as feel the fault.

[waterlicked]

thank you for your help. I'm just worried sick that I'm going to be left with a worthless and dangerous scooter that was sold faulty and I won't get my money back

[waterlicked]

I really would appreciate any help with this problem. I have received a letter back from the court saying that direct bikes are challenging my claim. the reasons they give are as follows. 1. the claim is invalid as I've sent the claim to the address that is published on their website in the contact us section rather than to the registered company address. 2. I have failed to provide evidence of the alleged fault despite several requests. 3. the goods were signed for in good condition and I did not notify them of the fault in writing within 48 hours as required under their terms and conditions of the sale.

 

 

so now for me to address these claims.

 

1. i sent all correspondence including the formal letter of rejection, lba, and claim to the address that is listed in the "contact us" section of their website.

 

2. i have spoken to, and emailed db numerous times to explain that the scooter with the fault is far too dangerous to ride to provide video evidence of the fault, however, a friend of mine who is an experienced motorcyclist, took advantage of a road closure and volunteered to ride the scooter to allow us to video the fault. after he had ridden it up and down my cul de sac, he refused to ride it any further stating it was far too dangerous. the video has been sent to db but they are requesting now that we do another video. neither myself or my motorcyclist friend are willing to risk breaking the law to attain further video evidence.

 

i would be happy to email over the video i have to anyone who may be able to help.

 

3. the crate was simply dumped on the pavement outside my mums bungalow where my other half was hurried into signing the paperwork by a rather irate delivery driver. even if i had been given the chance to inspect the scooter, i would not have found the problem with the steering until i came to ride it. i had it delivered to my mums bungalow as i was currently in process of moving house on the weekend that it was delivered. they are stating that i signed for the goods as received in good condition, well, the crate didn't look damaged.

 

how can you visually see a fault with the steering? they also say that i didn't report the problem within 48 hours of delivery, well they are right, i didn't report it until after I'd unpacked the crate 4 days later. are their t&c's reasonable and lawful? what about dsr and soga? i did speak to db on the day i unpacked the scooter to report the problem and i was given the phone number of their technical advisor.

 

he asked me to perform a few checks on the scooter but we couldn't resolve the issue. the tech guy said that the scooter needed to go into one of their approved service centres.

 

i was told to email db to find out the nearest service centre to resolve the problem but they only told me where my nearest one was 2 days AFTER they had received my formal letter of rejection, and before i had even received the paperwork to register the scooter.

 

 

i really would appreciate any help and advice. I'm fed up of losing sleep over this and I'm at the end of my tether

Edited September 15, 2015 by citizenB
spacing

[waterlicked]

anyone?

[silverfox1961]

As an update to this thread, I have been informed that Direct Bikes have collected the bike and provided a full refund.

 

In my opinion, Direct Bikes should have never let this get this far and instead of putting the onus on the buyer to do the work, they should be pro active and resolve a problem with the minimum of fuss.

 

By the way Direct Bikes, I have taken the decision to re open this thread, not Waterlicked so if you wish to complain, I am happy for you to do so.