back in April i needed the 15000 mile valve check done for my 899, Ducati Ashford was shut and Ducati Hailsham didn't exist, so i took my bike to a local guy in Hastings, been riding bikes for years and knows ducatis very well, they were doing multistrada when i popped in, they have all ducati tools and software etc when i got the bike back the oil sight glass was full, i mentioned it and they said it would be fine, got the bike back and all good until the 5th ride out, when the oil light came on and engine pitch changed, no more than 200 miles after the service. i shat my load no less, this would have been bank holiday May, spoke to the guy and they picked it up a few days later they didn't start working on until 2 weeks ago, 6 or 7 weeks after they picked it up i called to day and the owner is off on a trip to Germany, i nearly popped my lid, ive had no calls, no updates, nothing, the service is the worst i have ever had, when i pushed they said they suspect a big end bearing, which is obvs a catastrophe i am now however suspecting it was over filled and its popped a seal and oil pressure dropped, causing damage how do i go about this, its gonna be expensive, do they pay, do they fix it, even if they admit liability i tempted to get Ducati Hailsham to pick it up, maybe a report from them showing whats gone wrong. i am absolutely bereft, tried being nice, got me no where, the guys in question are nice fellas, i dont suspect they did anything malicious, but maybe a trainee did some of the spannering? been over 2 months without a bike or a ride which is the longest in years and years, and i am no further forwards than i was 2 months ago. meanwhile others have said ahhh Ducati, this is normal, get rid. absolutely gutted, after a whole winter of missing riding and planning a couple of trips, my summer has been cattle trucked
My opinion FWIW is that they will NOT assume any responsibility. Their response to the oil level was verbal I assume so little room for recourse there. Sorry to be the harbinger of doom, but I’d be surprised if it goes any other way. I’d also have the bike out of there and go elsewhere, forever. Good luck - not a pleasant experience or situation to be in.
If it was me. I would talk to the owner and give them the opportunity to sort it out first and foremost. If not a satisfactory outcome remove the bike to somewhere else, Pro Twins for example and they will no doubt sort it and charge you accordingly. Then, depending on the size of the bill, go at the original repairer legally for the costs, use your house ins legal cover or something. It’s such a hassle I appreciate.
Small claims court can be surprisingly effective in circumstances like this, assuming it goes balls up…… It isn’t expensive and is based on balance of probability not normal court ‘beyond reasonable doubt’.
I took a double glazing company to small claims back in the 90s. We had a conference beforehand and they tried to convince me to drop it, that I didn't have a chance. But I knew I was in the right and stuck to my guns and won. The adjudicator (or whatever he was called) was fair-minded. It isn't like a trial, where twisting lawyers can subvert it. Just know what you're going to say before you go in, know your argument. Know that you're right and calmly prove it.
My experience was similar. I had a bike that I part exchanged and was promised the new bike would come with new tyres and a full service/ MoT. Being a stupid 18 year old I didn’t get it in writing but just had ‘service’ on the receipt. They initially BSed and said the tyres weren’t in and they would do them, then I found the service hadn’t been done either. I tried for a month to get them to honour it and they refused. Luckily a neighbour advised me about the small claims court (cost about £20-30 in those days I think). Forms were dead easy and like your case, the adjudicator was fair. The bike place claimed they had serviced it and denied the tyres had been promised. I just stated my case and explained that the tyres weren’t legal (I had had another bike shop look over it and they said it shouldn’t have passed the MoT). I was awarded the full amount which was what the other bike shop had quoted to do the work. As a young bloke I was surprised how well the whole system worked. Like your case, the bike shop told me I had no chance and said they would claim costs to scare me, which isn’t possible in the small claims system. For all the crap systems we have in the U.K. that seem set up to fail the average person, the small claims court seems an incredibly well thought out and executed way to manage issues like these.
many thanks for the replies, much appreciated, hadn't thought of the small claims court so cheers the day i got it back from the service i took a few pictures (who doesnt) and you can see the sight glass is full of oil, normally you check it when upright, filling to the line on the window, on the side stand the level drops away, i think to 'empty', so a picture showing full on the stand clinches it they are nice guys, the older guy comes out with our group, honestly a lovely fella, they've had a horrible family tragedy too, but they have taken the piss massively now, the fact that they have done nothing tells me they knew something was up im going down tuesday to see them, i will be polite and direct, getting rude and shouty is gonna get me no where either they admit it and take on the job with no charge to me (unlikely) i agree to supply all parts and they do free labour i take it to ducati hailsham, i pay for it and then try to claim the cost back form them, this is my preferred option, as they may be able to do a report on what caused the problem, so backing my claim. i have a case with citizens advice, they will provide a motor trade solicitor, apparently a letter from them can be effective in scaring them its a horrible feeling being a biker without a bike, literarily waking up every day thinking i might get my bike back tomorrow. For more than 2 months
Yes I was going to say exactly the same; exactly what it's for, and as Tbay says, it's by its nature consumer friendly. Companies know that and generally raise their game instantly.
i hope when i get down tuesday the oils still in it, i'll be able to show them and see what they say, hopefully i can can get a picture of it upright and the oil over the max line,
I think it is legitimate that you can record a face to face conversation without disclosing the fact that you are recording it. Not so over the phone. But do check first, this is from memory from a good number of years ago.
The challenges are what Trust have you got that they would fix the bike well if it needs a full bottom end job? It involves a lot of meticulous work to do the bottom end. Not super complex but meticulous and you want people used to do this. Wrong shimming and you need to do again. if taking the bike to a mainstream shop, it will cost quite a bit, probably in the 2-3k. You could try and claim this from small claim court, but would need an independent expert to take evidence and create a report for the judge. Overfilling oil leading to a bottom end failure is a possibility, but you would need proof evidence of it (photos and capture in writing). They could argue that you topped it up. And I doubt that the expert could definitely attribute the cause and effect. Only raise suspicion, and that might not be enough to convince a judge. And an expert has a cost that does not rebuild your bike. in the end, it depends if you have the trust. You could threaten them of consequences and ask them to payback what you spent servicing with them (that might be the best compensation you get) and take your bike elsewhere.
Don't phone them. Don't talk to them. Email them every time. You then have an indisputable record of what was said. If they never reply, that will count against them in the small claims court. In your next email to them, you should review everything that has happened so far, including statements/responses from them. If they don't refute those statements in their reply, that gives a reasonable argument that they accept your account as factual. If they respond to your email with a phone call, tell them you're recording it and do so. They have f^<key you over and have no right to any further consideration from you.
i have no trust in them whatsoever ever, but the fact that they have dragged their heels tells me a lot, if id have dropped in saying i did it during track day and i was paying they'd have got stuck in ive tried emailing, its like a form you fill out on their web page and submit, they dont reply, although i get they are more over the phone types the info about an independent expert helps
