replacement scooter engine

Zippie_84

Hi

Not sure if this would be best here in Consumer Issues, in Legal Discussion, or in the Motorbike section, so mods please feel free to move.

Posted this on biker.ie and the general opinion was to get a solicitors letter, any advice on this would be really appreciated. sorry it is so long.

Just looking for a couple of opinions on this please.

The engine siezed on my scooter and I had to get a replacement. The engine was guaranteed for 3 months (this was about 4 / 5 weeks ago).

I have had nothing but problems since -
1. firstly there was a mad rattle out of the back wheel - don't need to be driving it or have engine on for the rattle , just wheel the bike and you can hear it (he told me about this beforehand, said there was nothing he could do with it, but it didn't seem half as bad when i was listening to him on it

2. when i got the bike back off him took it for a spin out the country to test it and discovered that it wouldn't go past 60kph (previously it would go to 80kpm always, and sometimes 85 on a really flat road)

3. rang him next day to ask reasons for the above, and he said that in both cases it was just the new engine meshing with the bike and that after i'd driven about 400-500 miles it would be fine. i told him i would be getting a second opinion on it.

4. so much for the more i drove it the better it would get few days later i was driving it home and it now wouldn't go any faster than 30kph and then died altogether. tried starting it , all i could get was a mad revving noise out of the engine but could not get it to move.

5. got same guy to pick up the bike, and he fixed it day or two later. collected it off him, tried to get an explanation of what had happened this time, but got a half arsed explanation. i drove it, there was still a rattle at the back wheel although it wasn't half as noticeable, and now it was going past 60kpm, so obviously when i rang him about the 60kpm bit the few days before, it was actually possible to get this fixed but i was being fobbed off.

6. the bike seemed a lot better but the next evening when i tried to start it there was just a mad noise coming out of it, tried kickstarting it but with no luck.

7. rang him the next morning , the answer i got was that he had fixed up the bike and that it was fine so it must be something i was doing. i said fine i'll have another look this evening and let you know.

8. that evening i was able to start it but after trying to kickstart it for several minutes. i thought it would get back to normal anyhow. drove it for about a week, where everytime i had to spend several minutes kickstarting it to get it going. noticed also that when i turned the key the petrol guage stayed at 0 even though it was full of petrol - it was only after i successfullly kickstarted it that the petrol guage would move.

now this was wrecking my head that i had to kickstart it for so long each time, but this guy was fobbing me off, so i wanted to get a second opinion on it, but i was mad busy at work so didn't have the time,

so after driving for a week and kickstarting it for about 5 mins beforehand each time, one evening i got so fed up i just left it there and started walking, didn't have the patience for the bike.

this thursday i rang him up and gave him an update. he said sure you didn't bring it in to me after i was last talking to you, and i was like 'but sure you were fobbing me off, and saying it must be something i was doing wrong.

i told him that i wasn't happy with all the problems i had had with the bike. given that i had paid €375 for the repalcement engine i would've expected it to be in proper working order, and not have all this to deal with. i advised him that i'm leaving the bike in with him, and that if i don't have it back a week later in proper working order, same as before the engine siezed, i would be seeking a refund. he proceeded to shout down the phone at me that i would not be getting a refund that it wasn't the same as buying a pound of butter, he didn't give refunds.

i said that there wouldn't be need for a refund cos he was going to get it back in proper order for me but IF he didn't i would be getting a refund, and obviously that he could take the engine back out and keep it. all he kept shouting down the phone was that i would not be getting a refund. i said to him 'well will you fix it up properly when i bring it in to you?' but his response was 'i'll have a look at it for you' and wouldn't actually commit to fixing it up.

now when i was buying the engine it was a second hand engine at €375 and he had also given me the option of a new engine at €450, i had said that i would take the second hand one on the agreement that the bike would be back in full proper working order.

now part of this phone conversation on thursday he said to me, that sure i had bought the second hand engine not the new one so what did i expect. he also said that they had been really good to me going out to pick it up for me when it had broken down etc. as if they were doing me a favour, it shouldn't have been breaking down again in the first place since i had just paid him €375! anyhow i re-iterated that i would leave the keys in, he could collect it, he had one week to get it in full proper working order, or i would be seeking a refund and he take the engine back, and that if he would not give me the refund i would bring it to the small claims court. he said he would not listen to any more talk of refunds or courts, so i said fine and hung up.

sorry that was so long, but what would be people's opinions on that, would i be entitled to a refund - i believe so since he has had numerous attempts to rectify the problem.

bear in mind this particular guy i was warned off going to as he is known around town to be a complete gangster and rip off merchant, but there is actually no one else around town who fixes bikes so i'd no other choice. i'd say this is part of the issue that he knows he can do what he wants.

any opinions / reccommendations would be greatly appreciated. thank you

craichoe

Well .. without knowing whats up with it mechanically then its hard to say, sounds like the rear wheel bearings are gone (clicking noise) and somethings up with the transmission.

I recon your best bet is to bring it to another mechanic, get it fixed and send yer man the bill, otherwise in my experience you'll be farting around forever trying to put blame on him, how in gods name is he supposed to guarantee a second hand engine when you dont even know its history.

foggy_lad

you were warned off this guy and now you know why!

the sad thing is that the small claims court will probably not get anything out of him and your best bet would be either give him one more chance to sort it out-

give him 2weeks and if he has not sorted it after that write it off and get a real mechanic or even a friend with some mechanical knowledge to look at it for you!