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  • SCUZZ Posts: 62
    Stock Poster SCUZZ
    10 Sep 2019 06:42 PM
    Quick update guys. 
    Took the bike for it's first ride since the dealer replaced the rusted mirrors.  I've been working away for a month.
    A mirror  vibrated loose after 2 km and it started spinning on it's axis whilst I was riding along.
    The mirror did not have a spring washer ( nut was loose)
    Initially I did'nt know what the F was going on.

    Sent an email about this shoddy service to the dealer in SE QLD copied in to Harley central Sydney ( from where I had previously received emails from a Harley person about the rust warranty) 

    Low and behold, Harley central no longer want written documentation. See below.
    H-DCUSTOMERSERVICE@HARLEY-DAVIDSON.COM 
    sent me the  email response of

    "THIS IS TO LET YOU KNOW THAT WE CANNOT PROCESS YOUR EMAIL.
    If you wish to contact us, please call Harley-Davidson at (414) 343-4056 or 1-800-258-2464.
    Please do not reply to this automatic message as your response will not be processed".

    What is going on with HD when service s like this exists.

  • Far Canal Posts: 2035
    Motor Head Far Canal
    10 Sep 2019 07:21 PM
    What is going on with HD when service s like this exists.

    Bad shit.
  • fatbat Posts: 2888
    Forum Legend fatbat
    10 Sep 2019 08:17 PM
    There comes a time when you have to consider giving up on any reasonable expectation of good faith and service from those businesses in Australia you have tried to resolve this with. 

    If it was me I'd be at that point now and wouldn't waste further time and energy with the dealer or harley Australia. 

    I'd only invest time in whichever consumer protection authority has responsibility for this in your state/Territory, harley USA or the media. Media ought to be the absolute last resort. 

    I liked the idea mentioned previously where you refuse to collect your bike when it's in being assessed/repaired and keep the loan bike until you're satisfied. Tactically clever in my view but unfortunately that opportunity has passed for you. 

    I wish you all the best mate. Keep fighting 
  • paulybronco Posts: 12676
    Forum Legend paulybronco
    10 Sep 2019 08:44 PM
    Quoting fatbat on 10 Sep 2019 08:17 PM
    There comes a time when you have to consider giving up on any reasonable expectation of good faith and service from those businesses in Australia you have tried to resolve this with. 

    If it was me I'd be at that point now and wouldn't waste further time and energy with the dealer or harley Australia. 

    I'd only invest time in whichever consumer protection authority has responsibility for this in your state/Territory, harley USA or the media. Media ought to be the absolute last resort. 

    I liked the idea mentioned previously where you refuse to collect your bike when it's in being assessed/repaired and keep the loan bike until you're satisfied. Tactically clever in my view but unfortunately that opportunity has passed for you. 

    I wish you all the best mate. Keep fighting 
    Not all is over, take the bike in for a oil change or something minor , tee up a loaner as you have a few errands to run and don't come back till they fix your bike to a merchandisable level. You have not stolen their bike....they lent it to you and as there is NO clause as to how long the loan term is you have not breached any contract in relation to your obligations regarding the return. This is a civil matter cops wont get involved.
  • Evo Wide Posts: 169
    Stock Poster Evo Wide
    10 Sep 2019 08:56 PM
    I thought Fair Trading had taken on the case
    What happened with that?
  • SCUZZ Posts: 62
    Stock Poster SCUZZ
    10 Sep 2019 09:20 PM
    Hi guys, all good points. 
    Fair Trading QLD paperwork completed. Been given a reference number. They are collecting data (??). There turn around time was 4 weeks from lodgement by me. They now take another 4 weeks as they obtained additional info from me today.
    Have to laugh to stay sane.
    One of  fair Trading's questions was " what's the contact no/ address of the HD man in Sydney ?".
    As you can see, he did not provide a specific contact no or physical address or email.
    His email to me was a 'no reply " email address. 
    I suspect I'm off to small claims court next.
    And sadly, I could not keep the loan bike ( I had been warned it would be theft and it would not help my case to retaliate. Been told to stay level headed, not emotional, work through everything in writing and keep moving forward). 
    My biggest worry about those loan bikes is that if anything happens to them ( including scratches), it s a $2000 excess.
    Thanks for the support.
    Hopefully others learn from this.



  • paulybronco Posts: 12676
    Forum Legend paulybronco
    10 Sep 2019 10:05 PM
    Quoting SCUZZ on 10 Sep 2019 09:20 PM
    Hi guys, all good points. 
    Fair Trading QLD paperwork completed. Been given a reference number. They are collecting data (??). There turn around time was 4 weeks from lodgement by me. They now take another 4 weeks as they obtained additional info from me today.
    Have to laugh to stay sane.
    One of  fair Trading's questions was " what's the contact no/ address of the HD man in Sydney ?".
    As you can see, he did not provide a specific contact no or physical address or email.
    His email to me was a 'no reply " email address. 
    I suspect I'm off to small claims court next.
    And sadly, I could not keep the loan bike ( I had been warned it would be theft and it would not help my case to retaliate. Been told to stay level headed, not emotional, work through everything in writing and keep moving forward). 
    My biggest worry about those loan bikes is that if anything happens to them ( including scratches), it s a $2000 excess.
    Thanks for the support.
    Hopefully others learn from this.



    I can reliably inform you its not theft! 
  • SCUZZ Posts: 62
    Stock Poster SCUZZ
    25 Sep 2019 10:10 AM
    Rust update.
    QLD Fair Trading got knocked back by the dealer
    Fair Trading advised " 'Mr Blog"  ( my term as I have deleted dealer name )   advised they have fulfilled their obligation under the ACL by replacing the corroded nuts, replaced mirror and gave the bike a detailed clean as well as supplied customer with a cleaning pack. Harley Davidson Australia, were made aware of your complaint, Unfortunately though the manufacture support the decision not to refund or replace".
    I'm off to the Small claims court at Fair Tradings advice. Same dealer had 4 major complaints to fair Trading in last 12 months.y.
    Been looking for the information I require for the claim. Went looking for my warranty copy. Do not have one ( and I've kept everything). Realised I never got a copy. Went on line for a copy. Found this on line from dealer's site
    "Harley Davidson new vehicle warranty
    We will guarantee a new car of the Harley Davidson Motorcycle purchased at the HD regular sales network for 2 years. For details of warranty details, please contact your dealer.
    Genuine motor parts & accessories warranty".
    I think a conspiracy.
    In one of my email's to the dealer when he denied my claim and said it's explained in the warranty, I asked the dealer for a copy of the warranty. He said for legal reasons he could not give it to me.
    Anybody seen their new bike warranty pdf ?
  • paulybronco Posts: 12676
    Forum Legend paulybronco
    25 Sep 2019 10:28 AM
    Quoting SCUZZ on 25 Sep 2019 10:10 AM
    Rust update.
    QLD Fair Trading got knocked back by the dealer
    Fair Trading advised " 'Mr Blog"  ( my term as I have deleted dealer name )   advised they have fulfilled their obligation under the ACL by replacing the corroded nuts, replaced mirror and gave the bike a detailed clean as well as supplied customer with a cleaning pack. Harley Davidson Australia, were made aware of your complaint, Unfortunately though the manufacture support the decision not to refund or replace".
    I'm off to the Small claims court at Fair Tradings advice. Same dealer had 4 major complaints to fair Trading in last 12 months.y.
    Been looking for the information I require for the claim. Went looking for my warranty copy. Do not have one ( and I've kept everything). Realised I never got a copy. Went on line for a copy. Found this on line from dealer's site
    "Harley Davidson new vehicle warranty
    We will guarantee a new car of the Harley Davidson Motorcycle purchased at the HD regular sales network for 2 years. For details of warranty details, please contact your dealer.
    Genuine motor parts & accessories warranty".
    I think a conspiracy.
    In one of my email's to the dealer when he denied my claim and said it's explained in the warranty, I asked the dealer for a copy of the warranty. He said for legal reasons he could not give it to me.
    Anybody seen their new bike warranty pdf ?
    Scuzz i am starting to become a touch confused here ( getting easier at my age i must admit). Fair trading has the ability/legislation to force traders to comply with , in this case, consumer rights. If they dont feel that this is a clear cut case then they wont pursue the matter on your behalf and therefore not back you with the three "R" route. (Replace, refund, repair). 
    Fair Trading allocates resources where we can best address non-compliant conduct with the greatest benefit to individuals and the community. While all complaints are considered, we exercise a risk based approach when determining allocation of resources and the action to be taken.

    I did sugest early in the piece to go the "implied warranty" route but in reflection you should have submitted the claim as "Not of merchandisable quality" 
  • SCUZZ Posts: 62
    Stock Poster SCUZZ
    25 Sep 2019 12:04 PM
    Thanks Pauly.
    Great link
    Fair Trading are different in different states.
    Spoke to both NSW and QLD as whilst I live in NSW and HD central are in NSW,
    The dealer was in QLD ,
    And I had to go with QLD Fair Trading.
    They do not  have the powers of their NSW counterpart.
    A legal mate had told me the same.
    They said from the outset that if they could not mediate, I would be off to small claims court.
    They have given me a letter of support to do it.
    Fair Trading raised multiple issues with dealer from warranty, to repairs to not of suitable quality for sale.
    I had Two conversations with Fair Trading and a number of emails and she  told me how awful the issues were, but that she had no power, as 
    Dealer said no to all.
    Given  Fair Trading  took 4 weeks to  acknowledge my submission, then 4 weeks to work through it, they are over worked.
    In QLD , they are more of  a tool to be used to support a court claim.
    It s a long process.
    I'll keep you updated in case this is of help to others.
    A mates  mate's $45,000 CVo rusted similar to mine. He gave up after email knock backs from dealer.
    I will not
    It a a process and I still get to ride my bike 

     
  • paulybronco Posts: 12676
    Forum Legend paulybronco
    25 Sep 2019 12:04 PM
    This video also ties up with a prior post "Who should pay and why" but goes someway to show you what rights you have with a motor vehicle/bike in Australia




  • paulybronco Posts: 12676
    Forum Legend paulybronco
    25 Sep 2019 12:09 PM
    Quoting SCUZZ on 25 Sep 2019 12:04 PM
    Thanks Pauly.
    Great link
    Fair Trading are different in different states.
    Spoke to both NSW and QLD as whilst I live in NSW and HD central are in NSW,
    The dealer was in QLD ,
    And I had to go with QLD Fair Trading.
    They do not  have the powers of their NSW counterpart.
    A legal mate had told me the same.
    They said from the outset that if they could not mediate, I would be off to small claims court.
    They have given me a letter of support to do it.
    Fair Trading raised multiple issues with dealer from warranty, to repairs to not of suitable quality for sale.
    I had Two conversations with Fair Trading and a number of emails and she  told me how awful the issues were, but that she had no power, as 
    Dealer said no to all.
    Given  Fair Trading  took 4 weeks to  acknowledge my submission, then 4 weeks to work through it, they are over worked.
    In QLD , they are more of  a tool to be used to support a court claim.
    It s a long process.
    I'll keep you updated in case this is of help to others.
    A mates  mate's $45,000 CVo rusted similar to mine. He gave up after email knock backs from dealer.
    I will not
    It a a process and I still get to ride my bike 

     
    I have personally dealt with HD Australia and was brushed off very quickly. 
  • fatbat Posts: 2888
    Forum Legend fatbat
    25 Sep 2019 07:19 PM
    What's the maximum amount of money the small claims tribunal can work with in qld? Hope it's around the value of the bike if not more 
  • SCUZZ Posts: 62
    Stock Poster SCUZZ
    25 Sep 2019 07:41 PM
    Thanks Fatbat.
    There is a specific one the covers motor vehicles up to $100,000.
    I should ask for extra for time wasting
  • SCUZZ Posts: 62
    Stock Poster SCUZZ
    25 Sep 2019 07:48 PM
    Lady on the court advice line who provides help with filling in the application said I'm not the first !??

    I'm interested whether any Recent Harley purchaser received a written warranty. Two of my mates did not. They were offered the extended , but do not recall receiving a copy of the factory warranty. One bought a trike 6 months ago and the other a Fatbob 12 months ago.
  • paulybronco Posts: 12676
    Forum Legend paulybronco
    25 Sep 2019 08:29 PM
    Quoting SCUZZ on 25 Sep 2019 07:48 PM
    Lady on the court advice line who provides help with filling in the application said I'm not the first !??

    I'm interested whether any Recent Harley purchaser received a written warranty. Two of my mates did not. They were offered the extended , but do not recall receiving a copy of the factory warranty. One bought a trike 6 months ago and the other a Fatbob 12 months ago.
    I bought mine new in 2012 and pretty sure it was in the owners book , will check and let you know
  • paulybronco Posts: 12676
    Forum Legend paulybronco
    28 Sep 2019 06:11 PM



  • steelo Posts: 2794
    Adelaide
    Forum Legend steelo
    28 Sep 2019 09:14 PM
    There you go SCUZZ
    Contact John at cadoges@gmail.com
    or
    john@autoexpert.com.au
  • paulybronco Posts: 12676
    Forum Legend paulybronco
    28 Sep 2019 09:54 PM
    Quoting steelo on 28 Sep 2019 09:14 PM
    There you go SCUZZ
    Contact John at cadoges@gmail.com
    or
    john@autoexpert.com.au
    Excellent attention young Steelo was hoping someone might pick up on that. 
  • SCUZZ Posts: 62
    Stock Poster SCUZZ
    29 Sep 2019 12:14 PM
    Thanks guys.
    I'll send John an email.
    See how it goes
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