Sold second hand Petrol tank leaking

gallardo · 10-10-2024, 10:03 AM

After buying a second hand petrol tank from Mark at Rossocorse in London (paid almost £1000 for the job), turned out that the 'refurbished' petrol tank was also leaking. He didn't take any responsibility and even blocked me from whatsapp. I felt there wasn't much I could do. Even a solicitor called him and he put the phone down.

Anyway, to cut the story short, I ended up taking it to Motorcycle service shop in Harrow road and Robbie was brilliant to seal it. I have been riding it fine. But it's leaking again. Does anyone have any suggestions?

Nickj · 10-10-2024, 11:17 AM

I'm guessing this is leaking from the hinge end of the tank?
What kind of fix was done last time? ~ This can make a real difference to what you can do with the tank you now have.

The ultimate fix is going to involve an internal clean to remove any rust and stabilising the metal followed by welding or brazing and sealing with an ethanol proof epoxy or some such kind of goop to prevent it's return.

There's 'refurbished' and 'certified refurbished' with the first being overhauled and tarted up to a decent cosmetic standard and the latter being meeting the manufacturers original specifications. It should be the case that and that you could make the assumption that 'refurbished' means the tank is fit for purpose, that is it holds fuel and doesn't leak even if it doesn't fully meet the manufacturers orginal spec.
If it was leaking from the outset after fitting then it wasn't of merchantable quality and you'd have to chase them under the sales of goods and services act which means dealers have to sell things of merchandisable quality. Generally the assumption in the law is that goods sold by a business will be fit for their purpose. Though if you look at some of the crap that some delers have on their shelves you do wonder about that!

If you have a receipt for the work it might even come down to the wording used to describe the tank, you need it explicitly mention refurbished rather than second hand, pre-loved, salvaged or similar to affect whether they accept full, partial or no blame or liability for replacing a leaking fuel tank with leaking replacement and subsequent repairs to make that good.

Nickj · 10-10-2024, 11:33 AM

In the UK you do have rights when work undertaken has used parts which are not of merchantable quality
The Consumer Rights Act 2015 "provides protection for consumers when goods or services are not of satisfactory quality, fit for purpose, or as described"
If work has been undertaken using parts that are not of merchantable quality, you have the right to request a repair, replacement, or refund.

The key points and actions are:

# Within 30 days: You can reject the goods and request a full refund or replacement
# After 30 days: You must give the trader one opportunity to repair or replace the faulty goods
# If the repair or replacement is unsuccessful, you can then request a refund or price reduction

You're going to be looking at faulty goods:
# The trader is responsible for ensuring that the goods are of satisfactory quality, fit for purpose, and as described

# It's important to notify the trader as soon as you discover the issue and provide them with an opportunity to rectify the problem

So as far as your post has it you've filfilled your 'obligations' which gives you a few options to pursue:

Contact the Trader: Reach out to the seller or service provider directly
Explain the issue and provide details such as proof of purchase, photos of the faulty goods, and any relevant correspondence from them.

Use Template Letters: You can use template letters from resources like Citizens Advice to draft your complaint
These letters help clearly communicate your issue and your rights under the Consumer Rights Act 2015
https://www.citizensadvice.org.uk/co...ormCode=MG0AV3

See if you can get help from Consumer Services: If the trader doesn't respond to your initial verbal approach or written letter satisfactorily, you can contact consumer services like Citizens Advice.
If the issue persists and you are getting nowhere, you can report the trader to your local Trading Standards
https://www.citizensadvice.org.uk/co...ormCode=MG0AV3

Consider Alternative Dispute Resolution (ADR): If you're unable to resolve the issue directly, you might consider using an ADR scheme like mediation or arbitration to reach a resolution.

Try following this as a guide?
https://www.moneysavingexpert.com/re...ormCode=MG0AV3

Oh and dont forget the very flexible and handy "Section 75" if you used a credit card to pay for this. If you used a credit card to pay for all or part of a purchase that costs between £100 and £30,000, your card issuer's equally liable for anything that goes wrong, thanks to Section 75 of the Consumer Credit Act.

Kato · 10-10-2024, 03:38 PM

Assuming it's an early steel tank eventually they all start leaking around the hinge the only way to get a permenant fix is to have someone weld it

jerry · 12-10-2024, 11:49 AM

Quote:

Originally Posted by gallardo

After buying a second hand petrol tank from Mark at Rossocorse in London (paid almost £1000 for the job), turned out that the 'refurbished' petrol tank was also leaking. He didn't take any responsibility and even blocked me from whatsapp. I felt there wasn't much I could do. Even a solicitor called him and he put the phone down.

Anyway, to cut the story short, I ended up taking it to Motorcycle service shop in Harrow road and Robbie was brilliant to seal it. I have been riding it fine. But it's leaking again. Does anyone have any suggestions?

Document everything and sue Rossocorse in Small Claims Court its cheap , and can be effective ..

10-10-2024, 10:03 AM	#1
gallardo Not Junior, Indiana.. Join Date: Apr 2004 Location: London Bike: M600 Posts: 101	Sold second hand Petrol tank leaking After buying a second hand petrol tank from Mark at Rossocorse in London (paid almost £1000 for the job), turned out that the 'refurbished' petrol tank was also leaking. He didn't take any responsibility and even blocked me from whatsapp. I felt there wasn't much I could do. Even a solicitor called him and he put the phone down. Anyway, to cut the story short, I ended up taking it to Motorcycle service shop in Harrow road and Robbie was brilliant to seal it. I have been riding it fine. But it's leaking again. Does anyone have any suggestions? __________________ Dale Don Dale!!

10-10-2024, 11:17 AM	#2
Nickj Too much time on my hands member Join Date: Jun 2007 Location: Forest Of Dean Bike: S2r Posts: 3,206	I'm guessing this is leaking from the hinge end of the tank? What kind of fix was done last time? ~ This can make a real difference to what you can do with the tank you now have. The ultimate fix is going to involve an internal clean to remove any rust and stabilising the metal followed by welding or brazing and sealing with an ethanol proof epoxy or some such kind of goop to prevent it's return. There's 'refurbished' and 'certified refurbished' with the first being overhauled and tarted up to a decent cosmetic standard and the latter being meeting the manufacturers original specifications. It should be the case that and that you could make the assumption that 'refurbished' means the tank is fit for purpose, that is it holds fuel and doesn't leak even if it doesn't fully meet the manufacturers orginal spec. If it was leaking from the outset after fitting then it wasn't of merchantable quality and you'd have to chase them under the sales of goods and services act which means dealers have to sell things of merchandisable quality. Generally the assumption in the law is that goods sold by a business will be fit for their purpose. Though if you look at some of the crap that some delers have on their shelves you do wonder about that! If you have a receipt for the work it might even come down to the wording used to describe the tank, you need it explicitly mention refurbished rather than second hand, pre-loved, salvaged or similar to affect whether they accept full, partial or no blame or liability for replacing a leaking fuel tank with leaking replacement and subsequent repairs to make that good. __________________ "The final measure of any rider's skill is the inverse ratio of his preferred Traveling Speed to the number of bad scars on his body." Song of the sausage creature

10-10-2024, 11:33 AM	#3
Nickj Too much time on my hands member Join Date: Jun 2007 Location: Forest Of Dean Bike: S2r Posts: 3,206	In the UK you do have rights when work undertaken has used parts which are not of merchantable quality The Consumer Rights Act 2015 "provides protection for consumers when goods or services are not of satisfactory quality, fit for purpose, or as described" If work has been undertaken using parts that are not of merchantable quality, you have the right to request a repair, replacement, or refund. The key points and actions are: # Within 30 days: You can reject the goods and request a full refund or replacement # After 30 days: You must give the trader one opportunity to repair or replace the faulty goods # If the repair or replacement is unsuccessful, you can then request a refund or price reduction You're going to be looking at faulty goods: # The trader is responsible for ensuring that the goods are of satisfactory quality, fit for purpose, and as described # It's important to notify the trader as soon as you discover the issue and provide them with an opportunity to rectify the problem So as far as your post has it you've filfilled your 'obligations' which gives you a few options to pursue: Contact the Trader: Reach out to the seller or service provider directly Explain the issue and provide details such as proof of purchase, photos of the faulty goods, and any relevant correspondence from them. Use Template Letters: You can use template letters from resources like Citizens Advice to draft your complaint These letters help clearly communicate your issue and your rights under the Consumer Rights Act 2015 https://www.citizensadvice.org.uk/co...ormCode=MG0AV3 See if you can get help from Consumer Services: If the trader doesn't respond to your initial verbal approach or written letter satisfactorily, you can contact consumer services like Citizens Advice. If the issue persists and you are getting nowhere, you can report the trader to your local Trading Standards https://www.citizensadvice.org.uk/co...ormCode=MG0AV3 Consider Alternative Dispute Resolution (ADR): If you're unable to resolve the issue directly, you might consider using an ADR scheme like mediation or arbitration to reach a resolution. Try following this as a guide? https://www.moneysavingexpert.com/re...ormCode=MG0AV3 Oh and dont forget the very flexible and handy "Section 75" if you used a credit card to pay for this. If you used a credit card to pay for all or part of a purchase that costs between £100 and £30,000, your card issuer's equally liable for anything that goes wrong, thanks to Section 75 of the Consumer Credit Act. __________________ "The final measure of any rider's skill is the inverse ratio of his preferred Traveling Speed to the number of bad scars on his body." Song of the sausage creature

10-10-2024, 03:38 PM	#4
Kato Dismantled Join Date: Feb 2006 Location: East Molesey Bike: Multiple Monsters Posts: 2,243	Assuming it's an early steel tank eventually they all start leaking around the hinge the only way to get a permenant fix is to have someone weld it __________________ "Political correctness is just intellectual colonialism and psychological fascism for the creation of thought crime"