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Title: I ordered a 2011 Honda and got a 2010 model

Date: 17 August 2011


Hi just wondered if you could advise me on my rights, I ordered a new Honda motorcycle from a very well-known dealer plus the bike to be delivered to my home. I was not present at the time the new bike arrived but my brother in law signed for it, So to my amazement I soon noticed that I ordered and paid for a CB1000R abs 2011, but the bike I now own is a CB1000R abs but it's a 2010 model not 2011?. The company in question have offered me £600 back for sending me the old model, can dealers really treat customers like this?
You are entitled to receive what you contracted to buy, that is the 2011 model not the 2010 model. You do not have to accept the £600 in lieu of the correct bike.
You have already raised the issue with the dealer and if I were you I would write to them explaining that not only was acceptance of the goods not undertaken by a contracting party (your brother in law was not a party to the transaction) but they have breached the contract you had with them to supply a certain vehicle.
As such you are putting them on notice that you are rejecting the goods and that you either want a full refund or the bike you ordered delivered without delay. If they refuse then let me know and I can suggest how to pursue it further through the courts.

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