ZX400 Write off Any thoughts ??

Here's a chance to show off your zxr400, so get them digital cameras out and show us some piccies.Rebuilding your bike or modding it then let everyone in on it.

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quaidpinder
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Joined: Wed Aug 20, 2008 10:37 am

ZX400 Write off Any thoughts ??

Post by quaidpinder »

Z :smt013 Hey Everyone ,, I have a rather horrid problem with my bike that i purchased around 3 months ago that i have been working on getting back on the road.. Have taken my machine an E reg zx 400 to my local mot station for its test only to be informed that the frame has been smacked in an accident sometime in the cycles history and has been repaired with filler (what an idiot i look like) After close inspection VERY close on the ebox frame there is filler hiding a nasty smack ,, The garage have told me that this is not repairable and the bike is finished :smt013 :smt010 What i would like to know is where i stand with regard to geting my money back as the previous owner informed me that the bike is lovely has never been hit and just needs some attention which was fine with me ,, but now to be told that its fit for nothing other than the scrap yard ??? It was a cash sale (private)
Any comments or thoughts i would be greatful for ( i feel like a right idiot )
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cargo
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Re: ZX400 Write off Any thoughts ??

Post by cargo »

Legally your are stuffed...................private sale buyer beware..................

I'd go pay him a little visit
cargo
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Re: ZX400 Write off Any thoughts ??

Post by cargo »

Theres hope but not much I found this.................









You bought the vehicle from a private seller


You have very few legal rights if you have bought the vehicle from a private seller rather than a dealer.



The vehicle doesn't have to be of satisfactory quality. However, if the seller offers a description of the vehicle, it must match the description given. It must also be roadworthy and the seller must have 'good title' to the vehicle. This means that they must be the legal owner in order to sell it to you.



If the vehicle doesn't match the description given, you may be entitled to compensation. You may also be entitled to compensation if you have bought an unroadworthy car from a private seller, which has caused injury to someone. However, it may be especially difficult to get compensation from a private seller.



You will only be able to claim against a private seller for one of the following reasons:


the vehicle doesn't match the description they gave you
the seller broke a specific contract term
the seller was actually a dealer posing as a private seller
the seller did not have good title to the vehicle
the vehicle is unroadworthy.

The vehicle doesn't match its description


If you can show that the vehicle did not match the description the seller gave you, you will have a claim against them, even if the seller believed the description to be true. It will strengthen your claim if you have written proof of the false description, for example, a newspaper advertisement. A false description which was only made verbally and not in writing will be much harder to prove, unless someone else was present who can act as a witness.



If the seller said something about the car which proves not to be true, for example, if they said that the vehicle had a new clutch or one owner from new, you will also have a claim against them. However, if the seller described the vehicle as in good condition, it will be more difficult to complain as the vehicle’s age, make and mileage, and the price you paid all have to be taken into account. If the seller did not say anything at all about the vehicle, you will not be able to claim against the seller.



If the seller sold you the vehicle as having an MOT certificate when it didn't really have one, you will have a claim against the seller.



If you want to take action against the seller because they gave you a false description of the vehicle or said something about it that wasn't true, you will need proof that the seller did this at the time of sale. If you have delayed for more than a few weeks or have used the vehicle a lot, this may be almost impossible to prove. An independent report may be able to establish the condition of the vehicle at the time it was sold, but this can be expensive.



If you want to complain about the vehicle not matching its description or the seller telling you something about the vehicle that isn't true, you should complain in writing to the seller. Ask them for a refund or for the cost of any repairs, depending on what you want them to do. If this does not succeed, your only other option is to take the seller to court. However, you should bear in mind that it can be especially difficult to get any compensation from a private seller.



If you are considering taking the seller to court, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.



The seller broke a specific contract term


If the seller fails to do something they specifically agreed to, for example, fix certain faults or that the vehicle would have an MOT, they will have broken their contract with you and you will have a claim against them.



If you want to complain about the seller breaking their contract, you should complain in writing to the seller. Ask them for a refund or for the cost of any repairs, depending on what you want them to do. If this does not succeed, your only other option is to take the seller to court. However, you should bear in mind that it can be especially difficult to get any compensation from a private seller.



If you are considering taking the seller to court, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.



The seller was a dealer posing as a private seller


Dealers sometimes pretend to be private sellers, by using the small ads and a private address and telephone number. It is an unfair commercial practice and a criminal offence to do this. If you suspect that the person who sold the vehicle was a dealer posing as a private seller, you should report the dealer to Consumer Direct on 0845 404 0506, or visit http://www.consumerdirect.gov.uk. In Northern Ireland, phone Consumerline on 0845 600 6262, or visit http://www.consumerline.org. If the seller was a dealer it does not mean that you can cancel the sale. But it does mean that you have the same legal protection as when you buy from a dealer. You may be able to take legal action against them if there are problems with the vehicle that can't be sorted out.



The seller did not have good title to the vehicle


In some cases, you might find that the seller did not have good title to the vehicle. This means that they are not the real legal owner of the vehicle and so were not entitled to sell it. This might be because:


the vehicle is still on a hire purchase, conditional sale or leasing agreement and is therefore owned by the finance company
the vehicle has been stolen from it's rightful owner.

If you have bought a vehicle and there seems to be a problem about ownership, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.



The vehicle is unroadworthy


If the vehicle is unroadworthy, the seller may have committed a criminal offence and you should report them to Consumer Direct on 845 404 0506 or at: http://www.consumerdirect.gov.uk. In Northern Ireland, you should contact ConsumerLine on 0845 600 6262 or at: http://www.consumerline.org.



Fraud in private sales


Most methods of payment in a private sale put the seller at risk of fraud or theft. Keeping the registration certificate (logbook) until a cheque has cleared does not provide any security for the seller, because the logbook is not proof of ownership. To be sure of payment, the seller can ask for cash or they can contact their bank or building society to discuss ways of payment which guarantee the money.



If the seller insists on holding on to the vehicle until a cheque has cleared, you should get a receipt which gives details of the vehicle and the name and address of the seller.




I found the above here

http://www.adviceguide.org.uk/index/you ... ate_seller


Good luck..................

I'd still go visit him :smt002
quaidpinder
Posts: 29
Joined: Wed Aug 20, 2008 10:37 am

Re: ZX400 Write off Any thoughts ??

Post by quaidpinder »

Thanks mate thats very helpful ! I wouldnt mind even if the frame was fixable which it isnt i just dont think that selling substandard goods is very ethical , i recently sold my car and informed the new owner of any problems that i was aware of , When i bought the bike i was told that , it will make a lovely bike it just needs going over as its been stood for some time, i asked has it ever been hit or writen off ? replie was no , I was also told that it had a new rear shock which is also another false statement as the one on there is knackered , I have a witness who heard all of this ,, im going to pick the bike up from the garage in a minute and ask them to put what they have found on the invoice and take it to the people i purchased it from and see what they have to say ,,, wish me luck ! :smt010
CarneyUK

Re: ZX400 Write off Any thoughts ??

Post by CarneyUK »

GOOD LUCK!!

I had the same when I bought a mini ages ago. The floor had a new one welded on over the top and he had done the carpets. I trusted him and then when it went in for MOT 4 months later, I found out that the original floor hadn't been removed and the new one was welded to it. The car was scrapped and I lost £900. The bloke said it was fine :smt013

I hope you get something sorted!!
will#224
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Re: ZX400 Write off Any thoughts ??

Post by will#224 »

A new frame aint a big job?
cargo
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Re: ZX400 Write off Any thoughts ??

Post by cargo »

I don't think that model was ever officially imported so I'd guess that after it had the crash that did the damage either the insurance company wrote it off as unrepairable.....................or the owner did the bodge and sold it on.......................One wonders how many owners it's had since the bodged repair ?


It shoul;d be possible to buy a frame with log book and transfer everything to it but it becomes the bike that donated the frame...................it not am impossible job to do just a real pain.

Or friend does seem to have a valid case for getting his money back. I'm not sure if he can go to the small claims court and really he needs to seek proper legal advice.

It will be interesting to hear what the seller has to say it is of course possible that he didn't know about the damage and it would be hard to prove that he did.
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markzxr400l3
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Re: ZX400 Write off Any thoughts ??

Post by markzxr400l3 »

I have a frame for it.

I got it as part of a job lot that I've used the engine from. I've also got a tank, some clocks, the forks and lower yoke, various parts, brackets, subframe (I think).

I dont want too much for the frame as I was only after the engine anyway. Pay what you like. Or if you are getting rid of the bike, give me a heads up first cause I might make a project out of it but dont really have any money as my ZXR ate it all.

All depends where you are obviously, I'm located in North Wales.
quaidpinder
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Re: ZX400 Write off Any thoughts ??

Post by quaidpinder »

Yes I would be very interested in your frame ,, How much you want ?? im in cornwall ?
Here are some pics after the filler has been removed
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Spoke to the previous owner and he said he was unaware of any such write off , he said he new about the patch where the filler is but didnt know what it was , and that he has had the bike motd like it is and that i should get a second apinion ?! , so im not sure what to do ,, i can pretty much rule out getting any cash back so a rebuild or break the bike is my only option :smt010 :smt011
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Re: ZX400 Write off Any thoughts ??

Post by Jeppo »

A new frame seems the obvious choice now? I would have left the filler in until i spoke to seller, then taken it to the MOT place he took it to....As long as the frame is straight I don't see that there is a real safety issue with the bike?
quaidpinder
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Re: ZX400 Write off Any thoughts ??

Post by quaidpinder »

According to the garage that it went to the allignment is all out ? because of this knock ,, I am tempted to take i to the garage where the previous owner had it motd and see what happenes ,,, Just wish it didnt have the knock never mind !! :smt010
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markzxr400l3
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Re: ZX400 Write off Any thoughts ??

Post by markzxr400l3 »

Cornwall may be a bit of a problem mate, I'm in North Wales.

To be honest your tale of woe has pushed my charity button so If you can transport it you can have it bud, or swap it for any tasty bits youve got lying around.

North Wales is a lot of petrol though and it'll take more than a first class stamp. Nice this is too, its been painted black and is very shiny!! LOL

Remember I dont have a v5 for it either, I can get the frame number if you like, let me know if you think you can get it to you and its all yours.
zimm
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Re: ZX400 Write off Any thoughts ??

Post by zimm »

rebuild it on an H model zxr frame :)

and give me your fairing panels :)
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masterofinsanity
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Re: ZX400 Write off Any thoughts ??

Post by masterofinsanity »

whenever you buy a bike/car always HPI it, you would not believe the amount of vehicles on the road that are NOT Hpi clear, text the reg number to 83600 and it costs £3 for a couple of texts back with all the HPI details, i've used it loads of times.
Don't forget people there is more to the zxr400 than this forum... check out www.zxrworld.co.uk also.
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markzxr400l3
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Re: ZX400 Write off Any thoughts ??

Post by markzxr400l3 »

Sorry to hijack thread mate, no disrespect intended.

but...

Zimm,

I have a top tank front cover, side seat panel and mudguard if you want/need them for your zx4 hybrid, In fact I've got a whole pile of zx4 stuff and need some L model bits and pieces, maybe we can do some swap?

I've got stuff like, wheels, clocks, tank (not good) forks, headlight, ecu/cdi, taillight etc etc etc.

I could take a pic of the stuff if you like. Otherwise its going on flea bay.
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