BMW K1200R Gearbox failure

[paultax]

Hi

Ive read a few posts on here, and you guys seem to be really knowlegable, so I hope someone can give me some advice on my problem.

My bike is 5 years old, has 11k miles on the clock and has always been serviced by BMW etc etc. The other day, I thought it was misfiring at a certain rpm in 2nd gear, so took it to the dealer. I was told the gearbox had gone and I needed a new one, which will cost around £1500+vat.

Ive had loads of problems with this bike since new. The first time I washed it, the badges fell off, it went rusty within a matter of weeks, the indicator stopped working, some clever gadget that controls fuel delivery broke.. I'm pretty sure there are more I'm forgetting.

Anyway, my dealer put in a goodwill claim, and 50% parts was offered, which still leaves a lot to pay.

I went home and googled. It turns out loads of people have posted on forums about exactly the same problem at an almost identical milage. For some, they managed to get warantee repairs, but mines 5 years old.

I wrote to BMW, and complained. I mentioned that it appears to be a known issue, and questioned whether the gearbox was fit for purpose. I also asked why I had to buy a complete new box when apparently only one of the selector forks is the problem. I expressed my concern for safety given gearbox failure on a motorbike could be fatal.

I received a reply apologising that I had cause to contact them (?), and stated as my bike was out of warantee, they had no obligation to repair this. They thought a 50% goodwill offer was generous.

I wrote back stating that I did not feel 11k miles from a gearbox was acceptable, regardless of chronological age, and that the sale of goods act states goods should last 'a reasonable length of time', which has nothing to do with warantee.

Another similar apology came back, once again stating that the contractual obligation for BMW to assist with repairs ceases after expiry of the warantee, and they were not in a position to help any further.

I have a couple of issues. Firstly, it appears that this is a known problem with similar pattern of component failure. Secondly, I dont see why I have to pay so much for a whole gearbox, just because BMW choose not to supply the small part I need (or at least, I think so, its never actually been taken apart - the BMW mechanic diagnosed the fault using his incredible psychic xray vision - just maybe.. he's seen the same fault before??).

I'll be honest, my main beef is that this bike has been a dog from day 1. Now however the problems are becoming more and more serious, and I've had enough. To add to this, the other day my brakes failed, the BMW mech said the fault was an 'internal error', and 'hopefully' wont happen again, but I got a baad feeling..

I was hoping I could get some advice about whether the SOGA would cover this? Anyone got any experience of success in these areas? Should I get legal advice? Any suggestions would be really appreciated

Paul