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Old 21-07-09, 10:05 AM   #21
Stig
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Default Re: Speed Motorcycles C**k Up

Live in Reading eh? You want to get yourself over here and say hello.
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Old 21-07-09, 10:23 AM   #22
Ed
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Default Re: Speed Motorcycles C**k Up

I would say that your Trading Standards man is wrong.

You need to google section 12 Sale of Goods Act 1979, and have a good read of subsection 2. It deals with implied terms about title to goods being sold, and the absence of prior incumbrances. Read it, I think you will find it interesting.

Any attempt to oust s12(2) is unlawful.
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Old 21-07-09, 10:29 AM   #23
Gazza77
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Default Re: Speed Motorcycles C**k Up

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I would say that your Trading Standards man is wrong.

You need to google section 12 Sale of Goods Act 1979, and have a good read of subsection 2. It deals with implied terms about title to goods being sold, and the absence of prior incumbrances. Read it, I think you will find it interesting.

Any attempt to oust s12(2) is unlawful.
+1. As the OP didn't speak to Trading Standards himself however, I'd suggest that he has just been fobbed off.
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Old 21-07-09, 12:25 PM   #24
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Default Re: Speed Motorcycles C**k Up

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Live in Reading eh? You want to get yourself over here and say hello.
I will do thanks. Even tho i have a tl now am i still welcome on this forum
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Old 21-07-09, 12:30 PM   #25
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Default Re: Speed Motorcycles C**k Up

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Originally Posted by Ed View Post
I would say that your Trading Standards man is wrong.

You need to google section 12 Sale of Goods Act 1979, and have a good read of subsection 2. It deals with implied terms about title to goods being sold, and the absence of prior incumbrances. Read it, I think you will find it interesting.

Any attempt to oust s12(2) is unlawful.
Thanks for the info its very appreciated, im not sure if i can do diddly squat as i now don't have the bike anymore.
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Old 21-07-09, 12:49 PM   #26
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I will do thanks. Even tho i have a tl now am i still welcome on this forum
Course you are I think one of the TV members has one too Maybe you can compare...
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Old 21-07-09, 01:50 PM   #27
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Thanks for the info its very appreciated, im not sure if i can do diddly squat as i now don't have the bike anymore.
Yes of course you can.

Write a letter before action to the dealer, setting out what happened, and hold them responsible. It was plainly their fault. Complain that they are in breach of the implied covenants for title in section 12(2) Sale of Goods Act 1979. Demand that they pay you the loss otherwise you'll sue them. It's very easy to issue a claim in the county court. I mean, really easy peasy. Main thing is to be clear about what happened and what you want - you will see what I mean when you fill in the court forms. Will cost you £30 if you do it at the court office, £25 if you do it on Money Claims On Line. You will get your money back from the defendant (ie the dealer). They have no defence, so they should pay up.
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Old 21-07-09, 01:55 PM   #28
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Yes of course you can.

Write a letter before action to the dealer, setting out what happened, and hold them responsible. It was plainly their fault. Complain that they are in breach of the implied covenants for title in section 12(2) Sale of Goods Act 1979. Demand that they pay you the loss otherwise you'll sue them. It's very easy to issue a claim in the county court. I mean, really easy peasy. Main thing is to be clear about what happened and what you want - you will see what I mean when you fill in the court forms. Will cost you £30 if you do it at the court office, £25 if you do it on Money Claims On Line. You will get your money back from the defendant (ie the dealer). They have no defence, so they should pay up.
Great stuff, thank you very much. I will do that, i just hate the feeling of being utterly ripped off. Thank you again.
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Old 21-07-09, 01:56 PM   #29
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Course you are I think one of the TV members has one too Maybe you can compare...

Cool thanks do you know what colour it is?
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Old 21-07-09, 02:13 PM   #30
Stig
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Default Re: Speed Motorcycles C**k Up

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Originally Posted by plowsie View Post
Course you are I think one of the TV members has one too Maybe you can compare...
Quote:
Originally Posted by VR46650 View Post
Cool thanks do you know what colour it is?
That bike has been dismantled in a garage for the past 2 years waiting for the owner to rebuild it after an engine swap. It is a crying shame. Hey you may have just found a new supply for replacement parts.
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