Erm, this is the first time I’ve posted anything so apologies if I breach etiquette etc.
LV – we met (briefly) in Lands End at the end of “The Longest Day” & a friend of yours (r0vers) from another (Big H) place pointed me at this thread recommending it as a spot of light reading for the weekend.
I know bugger all about bikes other than I love my GS12 but have found this fascinating so thought I’d stick my oar in just as you’ve got it all sorted.
I’d also like to say that in my dealings with Dealers (Balderston & Park Lane) their customer service & support has been superlative as have my two dealings with Motorrad Emergency Service.
For me there are 3 key issues here:
1. The problem with the bike
2. The customer service received from the dealer / their complaint management process and your legal position
3. The relationship between Dealer and BMW Group & the wider market consequences of the publication of your complaint including the threat of legal action being taken against you as a consequence of this
I do not hold myself out to be an expert in any of this but merely to be passing comment so here goes:
1. The problem with the bike – disappointing & frustrating (I’m gutted for you) but I don’t understand the technical stuff so will leave it to those who know better.
2. Customer Service – I am completely incredulous regarding the response of Cannons. I would refer you to the Supply of Goods and Services Act 1982 and the Sale and Supply of Goods to Consumers Regulations 2002 as described on the Trading Standards website at
http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=adv0046-1011.txt
From that article the following seems to be particularly pertinent & as the consumer you appear to have complied with all your responsibilities:
“If a fault has not been correctly diagnosed or not repaired properly, you should allow the garage the opportunity to rectify it. If the garage fails to do so, you may be entitled to get the work done elsewhere and recover the cost from the garage.”
&
“If the garage fits a part, which turns out to be faulty, and it has not been fitted very long, you may be entitled to a refund, or you could ask for the part to be replaced. You can opt for a repair, as an alternative, and still retain your right to a refund or replacement if the repair is unsatisfactory. If the part has been fitted for some time before it fails, you are entitled to have it repaired or replaced as long as it does not cause you significant inconvenience. If repairs are inconvenient, or will take a long time, you are entitled to compensation - usually the cost of getting the work done elsewhere.”
That’s my understanding of the LAW & seeing as you have been cautioned by the Dealer in this regard you might feel you should remind them of their legal Duty of Care to you.
3. I was interested to read the following article
http://www.independent.ie/business/...er-to-drop-franchise-this-autumn-1362568.html
in which Maxwells lost its franchise (outwardly) due to its financial performance but was more interested to read the following publication dating from 2007 on BMW’s website:
http://www.bmwgroup.com/e/nav/index.html?../0_0_www_bmwgroup_com/home/home.html&source=overview
Specifically the following:
“BMW Group is working to fulfil the premium demands of the customer at every contact with the company. The goal: to achieve the greatest customer satisfaction in the premium segment.”
Continuing to increase customer satisfaction.
Employing comprehensive Customer Relationship Management (CRM) activities, the BMW Group strives to recognise and to better understand customer needs and this is true for potential as well as existing customers.”
and
”Product and service quality: Key factors for customer satisfaction.
The quality of service and support is decisive for customer satisfaction and loyalty, particularly in the premium market. It is therefore of decisive importance for the BMW Group to know customer expectations for support and service. In order to do this, the company is challenged to understand and to fulfil the wishes and needs of its customers in different countries from Finland to South Africa, from the USA to China. The key to success: The BMW Group listens to its customers. On the basis of both external and in-house studies, product-related customer satisfaction and satisfaction with sales and service is constantly being measured. Thus the wishes, expectations and needs of customers have been gathered by means of international market research for some time now.”
I’d be fascinated by Cannon’s (or is it Willow’s) comments on that (particularly the bit I underlined)
Finally, I turn to the threat made against you & the caution that you “should be careful what’s written” on a thread. I refer you to the Wikipedia definition of slander:
Wikipedia
http://en.wikipedia.org/wiki/Slander
“In law, defamation (also called calumny, libel, slander, and vilification) is the communication of a statement that makes a false claim, expressively stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image. Slander refers to a malicious, false, and defamatory statement or report, while libel refers to any other form of communication such as written words or images. Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against groundless criticism. Related to defamation is public disclosure of private facts which arises where one person reveals information which is not of public concern, and the release of which would offend a reasonable person”
If anyone (having read all 12 pages so far) reckons LV is exposed in any way feel free to shout out now. If you’re really bored go and look at Wikipedia’s definition of “intimidation”
Hope I haven’t bored anyone too much with this. Thought Wapping’s comments were excellent, Stolzy’s reference to 5,000 views superb (I can’t work out how they worked that out).
Closing thoughts? 2 wheels good, 2 legs bad & don’t talk to me about 4 wheels right now.