I've rejected my bike can anyone recommend a good solicitor .

In any case like this you have to detach facts from feelings.

How you feel they have treated you is of no consequence to the judge. He will be interested in facts and figures.

You have had the bike for some time, and have therefore partially accepted the motorcycle. To now claim that it's not fit for purpose is a little harder - and you have to be crystal clear about the exact reason it's not fit.

If you are unhappy with the dealer - that is not a reason to reject a bike.


They have fixed the rear brake pads - no issues.
They will fix the rear gaiter - bit parts are on back order, can't be helped.
You accepted a fix To the panniers - was the dealer aware that you would be expecting a proper fix when you got back from your trip? When parts are available, you can get it sorted, but get a written note from the dealer to this effect now, so the dealer cannot renege.

The clutch is the only remaining issue.
Was the fault present when you first got the bike, or did it develop?
You have obviously complained - what are they doing about it?
What course of action has the dealer proposed?
Have you given the dealer sufficient opportunity to repair the bike?

If the bike is still with the dealer, but you need it for a holiday, and they won't give you a suitable replacement, you could claim for loss of use.

What would I do?

I would contact BMW HQ, stating my case very clearly and without emotion.
I would definitely leave out any BMW bashing - it would be extremely counterproductive.
Be very clear about what you want - be calm and realistic about what you are asking for.
Phrases like "I really love the bike but the dealer cannot stop the clutch from dragging - if we can sort that out - I'd be happy, but I'm off to Zurich for a week in the alps on the GS next week, and i would hate to cancel that" would set the scene right.
Phrases like "the rear frame is out of tolerance so gimme a new bike now" wont help your case.

While you might want to pull the legal card, I'd give the BMW customer service guys a chance to fix it.

At some point they will expect you to say what you want from them - be clear what it is you REALLY want. You could say - " I need a bike for the biking holiday I have booked - wether its my GS fixed, or loan bike, or a new GS, I don't really mind" then you have given them every possible avenue to get to a resolution.

I've managed to get amazing things done by using the softly softly approach.

The moment you mention legal action, they will probably roll down the shutters and refer you to their legal team, so don't mention it for now.

You have to give BMW a way out that is reasonable. If they are facing a legal dead end, then they won't even try to fix anything, as it can be viewed as an admission of guilt.
 
The Nutty GSER said:
I'd think BMW would probably go down the route of replacing the bike rather than refunding you. If that's the case, make sure you get a 2014 model year, and all should be well.:thumb Oh, and tell them you want a loan bike in the meantime:D
Click to expand...

... or ask them nicely if you can upgrade to the nice secondhand twin cam in the corner of the showroom! :D

On a serious note, my mate rejected a 3 series BMW that kept breaking wheels & won.

Sounds to me that his heart lies with Ducati & he just wants to offload it & not suffer initial depreciation?

:hide
 
UPDATE. UPDATE at 6pm I got a call from benhams

I'd like to thank everyone for there input may be the power of this thread had them change there minds ! Or may be because Andrew fearn at benhams is a good guy he did say he was on my side.

BMW are now replacing the panniers the clutch is having the updated shaft when I say updated 2 bikes in the uk have had this and they are waiting for the feedback and mine will be the nxt to have the shaft replaced with a updated version all my other issues are going to be resolved and as of 2mo they are giving me there new GS to use until my bike is fixed .

Result I'm happy no need for a pikes peak now oh dam, no really I did not want to off load the bike regardless shat impression peeps felt I do generally like the bike a lot and after spending over 2k on extras my last thought was to get rid .
 
They will get your bike sorted in time!

You know the old saying "the third owner of a GS gets the best bike" it's not far off the mark. :thumby:
 
DING-DONG said:
UPDATE. UPDATE at 6pm I got a call from benhams

I'd like to thank everyone for there input may be the power of this thread had them change there minds ! Or may be because Andrew fearn at benhams is a good guy he did say he was on my side.

BMW are now replacing the panniers the clutch is having the updated shaft when I say updated 2 bikes in the uk have had this and they are waiting for the feedback and mine will be the nxt to have the shaft replaced with a updated version all my other issues are going to be resolved and as of 2mo they are giving me there new GS to use until my bike is fixed .

Result I'm happy no need for a pikes peak now oh dam, no really I did not want to off load the bike regardless shat impression peeps felt I do generally like the bike a lot and after spending over 2k on extras my last thought was to get rid .
Click to expand...

Well, I'd say that's a good result.:thumb:beerjug:
 
DING-DONG said:
UPDATE. having the updated shaft when I say updated 2 bikes in the uk have had this and they are waiting for the feedback and mine will be the nxt
Click to expand...

Odd..

I've read about 3 posts today alone, here, with guys who have had it done :nenau

Never, EVER, trust a sales person :rob
 
Hope it all gets resolved to your liking and you are happy with your bike. Differcult when this happens its easy to get emotional and angry!

Dave
 
DING-DONG said:
BMW are now replacing the panniers the clutch is having the updated shaft when I say updated 2 bikes in the uk have had this and they are waiting for the feedback and mine will be the nxt to have the shaft replaced with a updated version all my other issues are going to be resolved and as of 2mo they are giving me there new GS to use until my bike is fixed .
Click to expand...

I hate to be the one to P on your bonfire but mine was one of the 2 bikes, don't hold your breath for a quick fix. My feedback went in the other day and SMB picked his up on wednesday and he had the same result.
I talked to my dealer about rejecting the bike but they do keep trying to fix it. I've had 2 new clutches, the new grooved pushrod and the hydraulic level reduced, so I will keep giving them every opportunity to fix the problem.

Good luck with yours. :comfort
 
Wyreflyer said:
I talked to my dealer about rejecting the bike but they do keep trying to fix it. I've had 2 new clutches, the new grooved pushrod and the hydraulic level reduced, so I will keep giving them every opportunity to fix the problem.
Click to expand...

Exactly.:thumb If the dealer tries several fixes that don't work, that will be the time that BMW offer to replace the bike. Until then, the dealers and BMW have to have the opportunity to at least try.
 
Wouldn't buy one of the first batch of any bike

Leave it a year or so until the initial owners have finished the product testing :D
 
Wyreflyer said:
I hate to be the one to P on your bonfire but mine was one of the 2 bikes, don't hold your breath for a quick fix. My feedback went in the other day and SMB picked his up on wednesday and he had the same result.
I talked to my dealer about rejecting the bike but they do keep trying to fix it. I've had 2 new clutches, the new grooved pushrod and the hydraulic level reduced, so I will keep giving them every opportunity to fix the problem.

Good luck with yours. :comfort
Click to expand...

How long have you had your bike Wryeflyer?
Was it a very early model??
Good luck
 
I was given a good bit of advice

Never go to court on principle. - only if you have a good chance of winning
 
says it in the bible.....

matthew 5:25

"Settle matters quickly with your adversary who is taking you to court. Do it while you are still together on the way, or your adversary may hand you over to the judge, and the judge may hand you over to the officer, and you may be thrown into prison."
 
Fanum said:
Odd..

I've read about 3 posts today alone, here, with guys who have had it done :nenau

Never, EVER, trust a sales person :rob
Click to expand...

As Bill said, they have given their feedback here & it appears the mod was no better, If I read it correctly
 
I would be interested to hear if you think the clutch on the loan bike is any different to your bike. I have a wc and since I never use neutral I don't notice the clunk into 1st. I am happy with the other gear changes although they can be noisy at times. I am planning on changing it for the new adventure next year so it will be interesting to see if it is any different.
 
Big Nick said:
Wouldn't buy one of the first batch of any bike

Leave it a year or so until the initial owners have finished the product testing :D
Click to expand...

Ah' but with a million miles of road testing, this one is different! :blast
 
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