For anyone out there who is suffering the cutting out problem... don't put up with it. Neither Kawasaki UK nor the dealer I bought my KLX from would admit anything was wrong but I issued against them (small claims - very simple and inexpensive) and I got every penny of what I paid back. But the longer you leave it the harder it becomes to get a successful claim conclusion.

Kawasaki UK are crooks... end of.

 

Hi can you send details of the court case to me in a PM. With that info Kwaka-UK will have no where to hide.
Thanks.

 

No, I'm sorry but I am not sending any personal details to someone I don't know in this age of rampant identity theft.

What you need to do is write to the place you bought your bike from setting out exactly what steps you have taken with respect to them trying to get this situation remedied, and their responses (if any) to your efforts. It should read like a third person narrative. This must be sent recorded delivery and it should state clearly that you are giving the seller a specific number of working days to respond with a mutually agreeable proposal of settlement before you consider legal proceedings - ten days would be appropriate. If at any point they have actually laid hands on the bike to sort it out then you have to have given them THREE opportunities to sort it out, but after that if it is still as it was, OR if they have failed to respond to your requests for a solution, then you need to claim against them in Small Claims.

The upper limit for Small Claims (if my memory serves me correctly) is £6000 at the moment so you are well within the threshold. The court presentation fees are not expensive and if you should lose the case that is all you will lose in a Small Claims case, no defence costs, compensation etc. Our case against the seller (Millennium Motorcycles in St. Helens - fc*king arrogant crooks) was picked up by Kawasaki UK who settled in full out of court as soon as the case was heard. You may wish to write and remind Kawasaki UK of them having settled our case before you go ahead with legal proceedings - then if you are lucky they may sort it out without you having to go legal. You are welcome to mention you know of a Lancashire (Blackburn) Small Claims case where they paid up, which was us.

Of course it depends upon how long you have had the bike as to what you can claim and obviously if you have had it more than a few months you will struggle to make a full purchase price claim. We had had our bike from new for almost two years by the time the court saw the case so we mitigated our loss (a VERY important step - it means reducing the money lost by the defendant basically) by resorting to selling the bike for what we could get (albeit it at a bargain basement price) and then claiming the difference between the original purchase cost and what we got for it on the basis that the bike was constantly losing value all the time it was sat in the garage whilst we were waiting for a hearing date. The judge upheld that as being an acceptable reason and means of mitigating loss.

At this point I should explain that we did not act in an unethical or deceitful manner in selling the bike with an undisclosed and highly dangerous fault. We actually part-exchanged the bike for a new Triumph and informed the dealer of the problem before hand and on the basis that the bike would need work done on it to correct the fault they offered slightly less than the guide price for the bike at that age - a difference I think of an hour's workshop time. The judge was made fully aware of this fact too as it is important you are completely transparent in your dealings.

I would strongly suggest that you take a look on line for a solicitor who will give a free half hour session and take their advice because your case will depend on so many variables that I can't begin to cover without guess work. Citizen's Advice is also a good stop. Small Claims is NOT difficult to pursue and is a remarkably effective, if lumberingly slow, tool.

The argument we presented for our case was based upon the fact that the bike was cutting out from new and had on one occasion almost pitched us into a railway bridge by stalling as I changed gear whilst leaning into a bend. We gave Millennium the three attempts to remedy it and they failed to achieve anything, actually failing to turn up to collect the bike on one occasion. So then we presented against Millennium and waited for our court due date, but after it had not been given us inside of (I think it was) 12 months we took the step of selling the bike to mitigate the loss.

We were hugely disappointed to find out that Kawasaki UK chose to pick up responsibility in the end because we wanted to cost Millennium a lot of money due to their appalling attitude.

One part of Small Claims you need to agree to is if you are offered a telephone mediation hearing - this means a judge sits on the phone with both parties and tries to reach an amicable solution rather than waste court time. When ours was scheduled the arrogant ****-hole from Millennium wouldn't "appear" which obviously wasted the judge's time - which put Millennium in a very bad light and queered their pitch most significantly.

We eventually successfully claimed the difference between purchase cost and what we sold it for, plus several taxi journeys (6 or 8 per week - receipted of course !!!) for the times when I had to use the family car for work because I had no bike and my wife was left using a taxi each way to get to and from her place of work. We also claimed £25 per hour or part thereof for our time wasted in writing to Millennium, and in presenting the court case - you need to be sure you itemise and can prove every element of your claim or the judge will take it off the final figure. You also need to threaten the seller with everything you intend to claim in your letter as, for example, you would not be allowed your taxi chit refunds or wasted time writing etc. if you have not warned the seller before hand that you are claiming these. Your wasted time charged to them should be based upon your hourly working rate of pay though if you are employed rather than self-employed as I am then I am not sure how you stand in attempting to claim that back as you will not be losing time you could be working if you are not self-employed. You may be able to claim for loss of personal leisure time though? I dunno about that so that's why a solicitor's or CAB's advice is recommended.

Good luck.

 

Hi everyone,
I burn my ECU 21175-0167 and I need replacement, may be some one have old or even with issues but drivable one? Or known the place where I can buy programmable one?

 

just picked up my brand new 2018 klx250 (efi) here in canada and it does the same thing
stalls out when trying to start off

it is very annoying sometimes will stall out even just idling

going to see dealer tomorrow. seems like an idle problem