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Discussion Starter · #1 · (Edited)
Finally sent all of my information to an attorney last week. He is reviewing it and will get back to me. I told them to stop working on it if they thought I was going to pay for it until I heard back from the attorney and I believe it is now just sitting there collecting dust. Based on the Alabama lemon law I am still within the timeframe to file a claim.

The guy at Triumph USA told me he didn't think it sounded like I had a lemon law claim. If I don't then nobody does. My response to him was, you really don't have any idea how long it has been in the shop. This was before I had figured up the total days. At that point I told him I knew the dealer had had it for 6 months. He still said he didn't think it was a lemon law claim.

Let me just say I have no issue with my dealer on this. They seem to have done evry thing they could on this. I believe Triumph USA has dropped the ball. My next Triumph (if there is another) will be used and without a warranty. Dealing with Triumph USA is like pulling teeth without novacaine.

I don't want to be misleading. The six months was over a 22 month period. I have been back and forth to the dealer so may times it would make your head spin.
 

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Discussion Starter · #3 ·
I haven't even been posting much lately because although I still make payments on the bike and continue to pay the insurance I no longer feel like a Triumph owner.
 

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I'd like to say that I share your pain and frustration, but I think your situation is one that a person has to experience personally to fully comprehend. So believe me when I say that I share your feelings in spirit.

It was wise to consult an attorney (hate em, but need em) for an evaluation. I just hope that the fees will not make your case cost prohibitive. Some states provide for the recovery of attorney fees. Do you know if Alabama does that?
 

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That's effin' crazy. Keep up the fight though. I have a friend in Cali who had to go after Nissan. His truck had the wrong rear diff installed at the factory. It probably wouldn't have mattered except it was 4WD and we lived in Tahoe where it snows over 30 feet per year. Mismatched gearing front to rear doesn't work out...

They did everything to avoid fixing the problem. It took a year of BS but he eventually got the rear axle/diff replaced (they wouldn't replace the truck) and the Nissan warranty rep ended up unemployed. Apparently she had been denying all claims and this was the last straw.

If I was in your position I would try to get something published regarding the situation everywhere possible. Just make sure you can back up what you say with facts, dates, etc.

Good luck! I hate to hear of stuff like this when it's a company whose products I like.
 

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Discussion Starter · #6 · (Edited)
Alabama law does state that the atty fees will be paid by the manufacturer or dealer as the case may be(I would have to win the case of course). I have contacted an attorney who specializes in consumer law and they will not charge me a fee. I'm pretty sure they will not take my case unless they are almost certain they can win.

I have all my dates and ducks in a row. I have given a complete write up with all the service paperwork to the atty. That is how I came up with the 200 days. The days I can count were actually 204 until I told them not to fix it if they were expecting me to pay. I am sure the real number is higher. There were so many ins and outs and the paper work they gave me doesn't have these dates listed. The dealer has all the dates but it is not something they supply to the customer on a regular basis.
 

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Discussion Starter · #8 ·
I think they are as supportive as they can be. They currently have the bike and have said they would not charge me storage and would keep it as long as needed to get everything cleared up.

Several of the guys there have agreed verbally if anyone ever had a lemon I do and one of the mechanics said he had never seen anything like it.

I'm not sure what they would say in court if it went that far but one of the mechanics has already stated the bike was put together wrong at the factory(the reason the cam chain broke).
 

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Discussion Starter · #9 ·
It's funny how none of the mods have touched this post or made any comment. It is obvious someone has some lips place way up Triumphs rear end.
 

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It's funny how none of the mods have touched this post or made any comment. It is obvious someone has some lips place way up Triumphs rear end.
I don't understand. What were you expecting from the mods?
 

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lovel,

sorry to see your having problems w/ your bike.

if its not too much trouble could you remind me what has happened to your scoot.

or at least a link to your story.
 

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Discussion Starter · #12 ·
Cam chain broke when it was ten months old. Since that time it has been in and out of the shop on a continuous basis. I have not had it for more than two months without a recurrence of the same problem. Bike stalls when coming to a stop. It is intermittent so you can never be sure when it will die. Dealer has always been able to replicate the problem but never permanently fix it. Last time it simply died and will not restart. They have decided it is a new problem. I call BS on that and hired an attorney.

They have made adjustments and replaced parts over and over again. I even asked about a trade. Dealer said no. The mechanic told me the bike was assembled wrong at the factory. I only found that out right before I hired the atty. Originally I was told the cam chain wore out and it may have been because I was using an oversized oil filter. I knew the oil filter thing was BS at the time but did not realize while they were telling me that they knew the bike had been assembled incorrectly. Management at the dealership has completely turned over since that incident and the new guys have been decent but they still have not been able to fix the bike.

Total time in the shop has been over 6 months.
 

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In Virginia, to use the "Lemon Law" for a refund, it has to be the same problem 3 times. So if the cam chain broke 3 times, then you would qualify. It seems as though that isn't the case for your bike which is they can't fix the original problem.
 

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You might (or might not) be out of luck for lemon law coverage in Alabama. It looks like state law requires "notifying" within the first 12 months or 12,000 miles. A lawyer could tell you if bringing it in for repair was "notification" under the law.

http://alabamalemonlaw.org/statutes.html

* 8. Lemon law rights period.
The period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first 12,000 miles of operation, whichever first occurs.

Section 8-20A-2 Obligations of manufacturer.

* A. If a new motor vehicle does not conform to any applicable express warranty, and the consumer delivers the motor vehicle to the manufacturer, its agent, or its authorized dealer, and gives notice of the nonconforming condition during the lemon law rights period, the manufacturer of the motor vehicle shall be obligated to make such repairs to the motor vehicle as shall be necessary to remedy any nonconforming condition thereof. Such repairs shall be required even after the expiration of the lemon law rights period provided that notice of the nonconforming condition was first given during the lemon law rights period and provided further that the manufacturer's obligation to repair the nonconforming condition shall not extend beyond the period of 24 months following delivery of the vehicle or 24,000 miles, whichever occurs first.
(bolding mine)

It's still well worth speaking with an attorney.

# C. It shall be presumed that reasonable attempts to correct a nonconforming condition have been allowed by the consumer if, during the period of 24 months following delivery of the vehicle or 24,000 miles, whichever first occurs, either of the following events shall have occurred:
# 1. The same nonconforming condition has been subject to repair attempts three or more times by the manufacturer, its agents or its authorized dealers, at least one of which occurred during the lemon law rights period, plus a final attempt by the manufacturer, and the same nonconforming condition continues to exist; or
# 2. The motor vehicle is out of service and in the custody of the manufacturer, its agent, or an authorized dealer due to repair attempts (including the final repair attempt), one of which occurred during the lemon law rights period, for a cumulative total of 30 calendar days, unless such repair could not be performed because of conditions beyond the control of the manufacturer, its agents or authorized dealers, such as war, invasion, strike, fire, flood, or other natural disaster.
 

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Discussion Starter · #15 ·
I have read the whole thing. The bike broke at 10 months and has never been right since. The claim has to filed within 3 years. I'm still within the proper time frame to file the claim.

I am just waiting for a response from the lawyer. They should contact me by Friday. I will follow up with them if I don't hear something by then.
 

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I have read the whole thing. The bike broke at 10 months and has never been right since. The claim has to filed within 3 years. I'm still within the proper time frame to file the claim.

I am just waiting for a response from the lawyer. They should contact me by Friday. I will follow up with them if I don't hear something by then.
Cool. I hope things work out for you, that's a crappy situation.
 

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Let me just say I have no issue with my dealer on this. They seem to have done evry thing they could on this. I believe Triumph USA has dropped the ball. My next Triumph (if there is another) will be used and without a warranty. Dealing with Triumph USA is like pulling teeth without novacaine.

I don't want to be misleading. The six months was over a 22 month period. I have been back and forth to the dealer so may times it would make your head spin.
I hope Triumph steps up to the plate and does what is right. Humans make mistakes, the difference is how firms react when these mistakes occur. Maybe Triumph does not understand the potential impact of this type of report. They need to weigh the cost to replace a customer's bike vs the potential lost sales due to a report like this posted on a popular forum. Google and the web have a long memory....
 

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Sorry to hear LoVel. It is crappy that they haven't done something more permanently sooner.

As for the mods - I do not know what you expect them to do?

Hope the fix comes soon. A new bike would be nice. Guess that you won't choose a Triumph though.

Good luck with it all :) FWIW I hate attorneys
 

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LoVel

I admire your patience and persistence. Triumph should have owned the problem long ago and replaced the bike altogether. It's a shame since the bikes when built properly are so reliable and fun to ride. I'd probably never own a Trumpet again just on principle. Hope the attorney and the law give you satisfaction.
 
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