What Would You Do?

Discussion in 'General 1000RR Discussion' started by bbarr4, Jul 10, 2013.

  1. bbarr4

    bbarr4 New Member

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    I took my bike to work this morning, and opposite my warehouse is a bike mechanics, mainly low end scooters. My first mot was due so I wandered over asked if they could stick one on it, they said yes, ready by 2.00pm. When I went back to collect it later the bike had picked up the attached deep scratches and marks - they had apparently put the bike in a van and taken it elsewhere for an mot.

    I flipped a lid, "Mohamed" the mechanic denied it was them and started saying that they hadn't checked it for scratches etc when they took it and he wouldn't pay for replacement parts (over 1k for a tank and front fairing from Honda). After me swearing and shouting he said he would take it to his friends to repair the scratches - can you imagine what it would come back looking like!

    They absolutely made the scratches, he was so panicked when I went back to get it his nerves almost gave him away before I had even seen the damage. I'm now left feeling powerless, he won't pay for repairs, his offer to get it done with his mate is not acceptable. Bashing the @#%k out of him is not a realistic option. Does anyone have ay experience with this and any recourse I can take? His word against mine and to my cost. I've never had an experience like it, they've really marked it up.
     

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  2. Gos6

    Gos6 Active Member

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    WTF - the guy must have company insurance to cover this sort of issue, Public Liability. May be worth giving him some further advise. Give him the option, write every thing down then go to citizen advice.

    Only once exhausted those, is it time for additional pressure to be applied. ;)

    Good luck
     
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  3. abv

    abv Active Member

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    One option is the small claims court. Have a look this link.

    First thing to do would be put your greivence in writing and deliver it to them. Keep it all calm, polite and to the point.

    Get a proper quote to put the damage right and send it to them.

    It might be your word against theirs but in a civil court they go on "the balance of probibilties" not "beyond resonable doubt".

    Chances are once presented with a court summonds they'll just cough up.


    Citizens Advice - Small claims
     
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  4. Givover

    Givover God Like

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    Very sorry to see this dude .My first impressions are that you will really struggle with this one and i would imagine the only decent threat over them would be a mention that you will have the taxman investigate the company this and this only might get a reaction but don't hold your breath .
     
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  5. bbarr4

    bbarr4 New Member

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    Thanks for all the suggestions, I think a combination of threatening to inform trading standards that he doesn't have liability insurance, because I'm pretty sure he doesn't, and that attracts quite a large fine. The threat of legal action, though I imagine it would be hard for a judge to find in my favour without some proof - though he could be complacent, not respond/turn up etc and I get a judgement in my favour with the bailiff option eventually available. He may even just agree to pay on this threat, and getting a proper quote for the works and putting it in writing threatening action is a very good suggestion.

    I'm so peeved off that someone would do this. Lesson learnt about not going cheap, I was using him because I thought it was the type of place that would let the exhaust go through without being too anal. Which whoever he took it to did!
     
  6. sinewave

    sinewave God Like

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    It wants respraying anyway in HRC colours! ;)
     
  7. martinowen

    martinowen Moderator
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    I had a very similar prob at a place I recommended to friends and took my bike for years, they actually smeared thick black grease/oil over cracks and scratches to try and hide it.
    I phoned citizens advise and they told me what to do and I ended up with replacement panels.

    What I would advise doing first though is write a letter to the garage, in that letter explain you would like all communication to be kept in writing, reason I say this is if he offers to have them re sprayed he is admiting he is at fault. As soon as you have that on paper you are laughing - case won
     
  8. abv

    abv Active Member

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    This is the thing. You don't need absolute proof. The judge will listen to both sides of the story and decide who is most likely to be telling the truth. You've got the pictures of the damage and the fact they admit transporting the bike in a van (I assume this was without your knowledge or consent). I know from transporting track bikes that as soon as you start strapping bikes into vans it's very hard to avoid geting some minor damage.

    I'd write to them immediately saying you hold them responsible for the damage.

    Then get the forms from the court, fill them out and send a photocopy to the garage with a written quote for repair from a reputable bike shop.

    Say that unless they are prepared to meet the repair costs you'll file the small claims forms. The photocopy will show you're serious.

    Good luck.
     
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  9. bbarr4

    bbarr4 New Member

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    Thanks, i'm putting it writing now. I thought I may be on a hiding to nothing with the small claims, but you've given me hope.
     
  10. PeterT

    PeterT Active Member

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    If he has public liability then when you entered into an MOT then you have a contract. He has to by law if requested by you to show you his certificate.
     
  11. Phpbiker

    Phpbiker New Member

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    ......then bash fuck out of him
     
  12. jetmadblade

    jetmadblade Active Member

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    place IED's around his front door.;)
     

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