# Legal action against MotoGB over F4 rear subframe warranty - MVAgusta.net
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Old 08-03-2012, 05:47 AM   #1
gvanrenterghem
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Default Legal action against MotoGB over F4 rear subframe warranty

Hi there,

I am at the beginning of a legal action against MotoGB over the warranty service provided on the 2010 F4 rear subframe issue as I believe it is absolutely crazy to fix a manufacturing issue with a cheap patch that 1) makes the motorbike ugly 2) makes removing the battery impossible and 3) clearly flag that your bike was part of the recall, hence reducing the resell value.

This warranty work is particularly shocking as we know that rear-subframes that do not risk breaking do exist and that MV Agusta "offers" them at a reduced price of EUR175 meaning that getting your bike back to the standard it should have been at the beginning would cost you more than GBP300 whereas the fault clearly comes from MV.

But anyway, my question is: I understand that before going to Small Claim Court one needs to try to resolve the issue with the company first (which I am currently doing by regularly sending RoyalMail recorded delivery letters to them) and if the company refuses or doesn't provide a satisfactory solution, then try to use an Ombudsmen, Trade Bodies or Associations to try and sort out the issue. If this second step remains not satisfactory, then move onto Small Claim Court.

I have asked MotoGB to provide me with a list of Ombudsmen, Trade Bodies or Associations but doubt they will provide me with such a list so I was wondering whether you know any Ombudsmen, Trade Bodies or Associations that could deal with Motorbike warranty issues?

Thanks in advance for your help.
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Old 08-03-2012, 05:50 AM   #2
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One Hell of a first post.....
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Old 08-03-2012, 06:00 AM   #3
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One Hell of a first post.....
Or as we say in NZ ....'bloody hell'
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Old 08-03-2012, 06:08 AM   #4
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Quote:
Originally Posted by F4-1NXS View Post
Your post is pretty vague, not exactly sure what your problem is with the bike, and what your issues are regarding warranty

dont want to sound rude, but could you clarify and go into more detail.

Warranty claims are normally not a problem as MV eventually pays up
I had a recall years back for the tyres fitted to the 312R, the bike was recalled, tyres replaced and it took the dealer almost a year to get the cash. but thats another story, another time.

Sorry to here of your situation but I am still trying to understand what the initial problem was? what the repair was? and why your not satasfied.

Could you please detail more, from start to finish, even a few pics if possible to expalin matters more.

MotoGB are members here and I am sure they have read your post although they have stopped posting on the furum themselves, and in a situation like this, there communication is possibly best kept private between them and yourself.

Welcome to the forum. justr a shame its in these circumstances,

hope you take time to update us with the full story from start to finish


.
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You need to get out more Roy. He's complaining about the sub-frame fix for the Y10 F4's. Ask Eric.
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Old 08-03-2012, 06:14 AM   #5
gvanrenterghem
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Hi F4-1NXS,

I guess that MotoGB is part of this forum and they know that my action has nothing against them personally as they simply implement what MV Agusta Italy tell them to do but I cannot conduct legal action against MV Agusta Italia and therefore have to try to get things sorted with MotoGB.

The issue is that I bought an F4 2010 which was part of the recall following the discovery of a risk of rupture of the rear subframes. To fix this risk, MV has created a piece as highlighted here (http://www.mvagusta.net/forum/showthread.php?p=511531) that looks absolutely ugly. On top of that, this part makes the removal of the battery extremely difficult whereas it was very easy before. Since I only rarely use this bike and do not have an electric plug near the bike, I used to remove the battery and keep it connected to an Optimate at home.

The solutions that MV offers are:
- Using this fix
- Removing this fix at no cost and signing a waver saying that if the rear subframe comes to breaking they would not be responsible
- Buying an F4RR rear subframe at a discounted price (which I understand is EUR150 + VAT) and get it fitted at your own cost

In my view, and as explained to MotoGB, I think the only acceptable solution would be for MV Agusta to fix this rear subframe issue the proper way and replace the rear subframe as other bikes outside the serie that was impacted does are equiped with a rear subframe that does not risk breaking. The current fix is clearly a cheap option that saves MV Agusta money but leaves the downside to be carried by the owner of the bike. It is absolutely shocking and even if GBP300 (buying the F4RR subframe and getting it fitted) is not that much for a bike that costs GBP15k, the principle behind MV recall is simply shocking and should not be accepted. I had an oil consumption issue with a Suzuki Bandit 1200 and Suzuki simply recalled all bikes and replaced pistons and cylinders... there was no death risk in that case, the bike costs a third of what an MV costs and they still managed to do a proper recall.

Hope that helps you understand what the issue is and where I am coming from.

Guillaume.
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Old 08-03-2012, 07:09 AM   #6
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gvanrenterghem,welcome to the forum,that is one hell of a forum name almost every letter of the alphabet,good luck with your claim,maybe you should direct your claim straight to MV themselves and while your their mention all the rear hub failures in the past and present and their thoughts on that subject.I agree the subframe fix is pathetic and unattractive when they claim the MV is the most beautiful motorcycle in the world.Keep us posted.
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Old 08-03-2012, 08:34 AM   #7
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It is pretty obvious to me. The subframe is bust, botched and the bike's value banjaxed.

I don't see any problem with this being aired in public either..We aren't living in a totalitarian state.

Of course it is also true that MotoGb should be given every opportunity to resolve this out of court...and I hope they do.

joe
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Old 08-03-2012, 08:37 AM   #8
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Quote:
Originally Posted by gotojoe View Post
It is pretty obvious to me. The subframe is bust, botched and the bike's value banjaxed.

I don't see any problem with this being aired in public either..We aren't living in a totalitarian state.

Of course it is also true that MotoGb should be given every opportunity to resolve this out of court...and I hope they do.

joe
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Old 08-03-2012, 12:08 PM   #9
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Welcome to the forum..

Iím sorry to hear you find yourself in this situation with the UK importer, but if it canít be resolved amicably, and you find yourself needing to go to a SCC to get a resolution, then it might not be advisable to air this issue in to great a detail on a public forum.

Thatís only my opinion.

Normally in these circumstances, the buyer/Complainant will need an independent expert report on the condition of the sub-frame and whether the Recall repair offered by the official importer is of a satisfactory quality under the Sale of Goods Act 1979.

The Judge at a SCC will certainly request an expert report to be undertaken to assist him in making a decision on the case presented in from of him, as he will not be an expert..

Try the IMI and ask them whether they have any experts listed on their membership that has expertise in this area.

http://www.motor.org.uk/

I understand how you feel about your pride and joy, but trying to prove diminishing value as a result of this Recall repair will be very difficult, as it is open to too much subjectivity.

Good luck .


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Old 08-03-2012, 12:24 PM   #10
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The best solution is to just leave it as is and not put any fat chicks back there.
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