[Hman]

/EDIT 2014-06-05 Case solved since senior company directors have contacted me /

I bought the bike at VivaMoto in UK and transported it to Sweden with a company. Didn´t see the bike or drive it. I trusted the salesman that said that it was in excellent condition. They are quite big and I heard from others that they are good.

The bike just arrived. To my horror it starts and run but the enginge don´t rev.You ca slowly give throttle up to 1-k RPM then the enginge dies with a strange sound.

The red engine lamp and the oil sign is turned on all the time.

The shop said they did a full 20 000 km service on it just before delivery but there is no receipt of that or stamp in the service book.

So have they f*d me and sold a broken bike?

Why doesn´t the enginge run and can this be fixed?

You guys in UK, can a shop like VivaMoto really do this and **** somebody up? Obviously they did.

Any help would be appreciated.

Maybe it is best to ship the bike back and loose shipping money which is quite a lot. The enginge block looks like it have been glued together with silicone. There was a nail in the rear tyre. The cable to the clutch was loose so the bike didn´t start at all. A hose under the seat had come loose, put it back but can´t really see what it was for. Also the oil level on theright side of the bike looks strange. Don´t look full, but looks clean. Any one of these problem are terrible, but all together!!? Tried to upload files, but don´t work. Boken mirror, broken indicators and so on...

Please help if you have any advice





Added documentation: Last edited 2012-09-10
https://docs.google.com/file/d/0B2UC2rYp6M_LNWRDczhXRFNCdzA/edit?usp=sharing Inspection protocol from Benelli workshop in Sweden. Evidence Used for European Consumer.

https://docs.google.com/file/d/0B2UC2rYp6M_LanMyV1F5SWNxbnM/edit?usp=sharing Documents where everything is collected, ad, and all correspondence, email conversation before and after purchase, sms conversation and what was said on phone and when. Picture and so on.

Keywords:
vivamoto viva moto ltd vivamoto.co.uk bradford west yorkshire leeds bike shop fraud scam yamaha suzuki honda triumph kawasaki ktm review experience purchase

 

[JPF]

Mmmm

Not sure where VivaMotor is in the UK, but.....

That isn't the prettiest picture I've ever seen of a Nelli,

With that amount of faults / issues I wouldn't be happy also

Sorry for what's happened to you.....it's not good for a fellow Nelli enthusiast...and it doesn't reflect well on this country either...

How did you pay for the bike?
If you used a credit card for either a deposit or for the balance, you might be able to claim the money back if you can prove that what they sold you was not fit for purpose...?

 

[Hman]

JPF

Thank buddy, I have been working there previously and it is not my picture that this is representable for UK either.

I paid the deposit with credit card. The rest of the amount I send through international bank transfer.

How could I claim that and to who?

It is very obvious it is not fit for purpose. The ad said it was a well cared for bike, and he ensure me that many times. He explained in more detail in phone.

Very grateful for any help.

***********************************
viva moto <vivamoto1@hotmail.com>
Apr 13 (12 days ago)

to me


Hi
The bike is fault free, however does need a service which we would preform
Thanks
***************************************


http://www.vivamoto.co.uk/

The are located close to Leeds in Yorkshire

*Edit Found very helpful linkn from ombudsman. Thanks for the advice! But please tell more if you have any other advice.
http://www.financial-ombudsman.org.uk/publications/ombudsman-news/78/78-claiming-back-payments.html

 

[Hman]

After a detailed email to viva moto, this is the answer from a supposed to be respnsible bike shop:

"Hi,,,, the bike had a basic service as we knocked you money off the bike as a trade sale, and the after you agreed to purchase you assumed the bike which was the cheapest in the country would have full dealer service, when it left us and was in full working order... Your driver broke the indicator and has obviously broke the mirror too as he came in a van not equipped to deal with carrying Motorcyles it was infanct a van full of pallets with boxes on,,, and I told you the bike was damaged by your driver, he also checked the bike over and signed invoice as bike received, I have a copy of this which also states the bike is not covered by a warranty for export customers,,, we have not lied at all. You can't buy the cheapest bike in uk and expect it to be the best in uk, I'm very sorry you feel this way,, ps send the service book back and we wil stamp to say we did oil and filter change, many thanks

Viva MOTO
"


The fact is that he admits the bike is in shitty condition now. But he never told me this previously. HE told me the opposite. The bike was not that cheap.

 

[Hman]

They have answered some of my emails and it is very obvious they knew about all the problems.

Please advice guys. The credit card claim is if you have tried all other methods and been in court.

 

[Rick0705]

Sorry to hear you've been treated like that.

Contact your credit card company and give them the facts they will know what to do from there.

This only works with credit NOT debit cards.

 

[ferret]

Well firstly sorry about your bad luck .it does appear to be a situation where you are gonna have to get stuck in and argue the toss ,judging by their email .Which is stating you have done a trade sale sold as seen which would put the onus on you ,however presuming you had not seen it or heard it running ,I would take the stance of it is not as described by the seller . If you we're assured it was all ok and working then I believe you have a case and I would call the uk trading standards for help and clarification in this matter .Your credit card may well take up the mantle for you but it will not be a short fix . Good luck and keep us updated .

 

[WikingTNT]

Hmmm...

That`s crap news mate.
Personally would take it to a dealer who can hook her up with axone and read out what`s going on , a report is good to have anyway.
Oil level should be a bit over middle of the window when bike is upright.
Mirrors and blinker easy fix- most owners do change anyway sooner or later , think i have a spare of both in my garage.
- the engine housing is a bit worrying though , but hard to see if it`s been opened from the pics.
These engine often do a strange sound when stopping so that can be normal.

I certainly feel what`s going on in your head now - but it can despite anything be an easy fix .

 

[Hman]

Thank you all. I actually paid with a debit card and not a credit card unfortunately. But I think the card issue is the kind of last thing to try when you have got it proved, and that is after a lot of juridical matters.

Im trying to talk to the ombudsman in UK or the trading standards to see what they say.

 

[StruthTRE]

To be blunt your screwed, if the person picking up the bike signed and it said trade sale then they have done you over,

I would lump it and just go get the bike fixed and forget the rest....

Credit/debit cards will not cover you and by the sounds of it the full blame goes on the person that completed the delivery and it would be hard to tell if the company or the driver was at fault, you would have more luck fighting the delivery company for damages over the bike shop.... only good thing is nobody that reads this will buy from them (at your expense).

The delivery company should have insurance, claim for as much as possible so it contributes to the engine work.

 

[Laurencewhite]

Sorry to hear that you have been treated this way.

What you can about this, if anything, will depend on what you have in writing. Any verbal comments you have had with the dealer won't be worth anything to trading standards.
The alleged 'damage in transit' you might need to write off but it sounds like it won't be too expensive to put these right.

The main things and the engine cutting out and the red engine light and oil warning sign.
Normally these bikes will tick over around a minimum of 1200 RPM's if you can 'slowly give throttle up to 1K RPM', what is the bike ticking over at after it starts?
Does the red engine light and oil warning sign stay on when the engine is running or are they only visible when you turn on the ignition key?

 

[Bob A]

Hi,
I have been a mechanic for over 40 years and I reckon that engine has been apart by the marks on the casings, it also appears that it has oil pressure problems, I really think you have been screwed, good luck with it all and I am also sorry about your situation.

 

[WikingTNT]

Hang on- cant be as bad as that A company advertises a bike and offers a test drive as well. Sertainly it must have been in order when they put it on sale public?

What sort of service did they perform on it , just oil/filter or off with the tank / filter , maybe fuel line bent ? Oil pressure sensor not engaged .., I'm not a mecanic - but cant really think this bad of a dealer :doh:

 

[Rick0705]

Lets face it if the muppets you used broke mirrors and indicators the as the veritable wiking says what else have they knocked off. check all the wires to all the little sensors ect and check they haven't bent the exhaust valve mechanism when they shipped it.

It's always something simple...
In this case the van driver

 

[klinkerstinker]

You have distance selling rights in this country, but unsure out of it. (7 days I think).
Send them an email to totally reject it. Tell them you want a refund and them to payy
for the shipping or see them in court.

Bastrds.

 

[klinkerstinker]

If I was dead keen on a rare bike in another country I'd get a cheap easy jet flight over.
If I couldn't do that I'd rely on a good AA check or an honest Forum buddy to check it over and slip him a few quid for his troubles.

Top lot on here.:bow: I wouldn't trust em with sheep tho.:rolling:

 

[fredzedex]

First of all I'm really sorry I bought this bike to people's attention in a previous thread:doh:

I know it's of no help but I would NEVER buy a bike without seeing it in the flesh first,wether it be a £50 hack or a brand new bike. I'm no mechanic but I would of taken one look at that engine and walked away:bawl:

Such a shame to see a great bike in a sad state

Good luck with it

 

[JPF]

Hey Fred, don't beat yourself up mate its not your fault.

It looks as though these scumbags have seen an opportunity and taken it by selling it sight unseen to a "foreigner".
Unfortunately for them, they don't realise how close a forum this is, and I think basically they are now fugged with anyone else on here buying from them and also recommending them too.

This doesn't help Hman in the meantime as he has been left with a pile of crap by the sounds of it, with even the scum admitting to it in an e-mail!

With regards your financial options Hman.....
In this country, you can claim money back via your bank using a section 75 of the consumer credit act. This is definitely the case with a credit card as I have successfully claimed back literally 10's of thousands this way. However I have never claimed from a debit card, as I only use credit cards for all my purchases other than for food.
Not sure if StruthTRE has inside knowledge as to why you can't claim anything if its a trade sale?

I would take legal advice and read up on the ombudsmans website to see if there's any justification on there.

Meantime.....sadly....as others have hinted, it may be worthwhile getting a cursory mechanical report on your bike to see just how bad it is , just in case there is a legal avenue for you. However....should you end up keeping her, there are a LOT of knowledgeable lads on here that will guide you into getting your bike running how you expected it to.

Just a VERY SAD introduction to the world of Benelli.. No doubt, word of this will get out and it wont be your specific problems that people will react to, it'll be the same old reaction of.. Benelli Huh told ya so... what else do you expect.

Chin up mate.
Help is on here if you need it.:clap: :clap:

 

[DogOfWar]

If this happened in Russia, local fellow riders would pay a visit to that dealership and someone would get hurt. Or it could turn to be a case of emergency fire late at night.

 

[heathen1971]

MATE , THAT SUX , Am really sorry to hear of your misfortune at the hands of these mongrels . Hope you can get it sorted and have some form of restitution .