Support road.cc

Like this site? Help us to make it better.

forum
road.cc bike forum

Legal Rights to Return Bike

by jasecd
Sun, May 30, 2021 07:15
14

Hi,

I bought an expensive electric folding bike back in February and have had a multitude of problems with it along with poor service from the retailer. Yesterday however was the final straw when a much more serious problem emerged - a broken rear suspension strut that is integral to the whole structure of the frame. Fortunately I was riding slowly on a towpath when the bike started to fold underneath me, causing my pedal to hit the ground and sending me veering towards the river. Had I been riding at speed then this could have resulted in a serious injury. Even if the part is replaced there is no guarantee that the same thing won’t happen again.

The retailer however is being uncooperative and immediately ruled out any idea of returning the bike, however I feel that it is not fit for purpose and it is not what was advertised. I am however no lawyer so would appreciate any advice on what my rights would be here.

Cheers,

Jase

If you're new please join in and if you have questions pop them below and the forum regulars will answer as best we can.

Add new comment

14 comments

Avatar
Secret_squirrel | 3 years ago
1 like

If this was a normal retail purchase they haven't got a leg to stand on. Since a change in consumer law a few years back they get one chance to fix this before you can reject the bike. Which it sounds like they have already used.

Write via recorded delivery to the store manager and if a chain their area manager/ceo/legal dept (preferable all of them) explaining the situation and stating you reject the goods, and are giving them 2 weeks prior to taking further action.  Follow up with a small claims court filing if they don't come back to you.

Any warrantee is essentially irrelevant to this, as it's trumped by consumer rights law.  Also don't get fobbed off by being asked to talk to the manufacturer - it's the retailers problem to deal with not theirs.

Avatar
Captain Badger replied to Secret_squirrel | 3 years ago
2 likes
Secret_squirrel wrote:

I

Also don't get fobbed off by being asked to talk to the manufacturer - it's the retailers problem to deal with not theirs.

Quite, your contract is with the retailer. Don't even entertain the possibility of going direct.

Avatar
Dave Dave replied to Captain Badger | 3 years ago
0 likes
Captain Badger wrote:
Secret_squirrel wrote:

I

Also don't get fobbed off by being asked to talk to the manufacturer - it's the retailers problem to deal with not theirs.

Quite, your contract is with the retailer. Don't even entertain the possibility of going direct.

Also wrong.

https://www.which.co.uk/consumer-rights/advice/what-do-i-do-if-i-have-a-...

It is perfectly reasonable for a retailer to ask you to contact the manufacturer and resolve an issue that way. Obviously at their expense. It remains the retailer's problem, but you need to take reasonable steps to assist in resolution.

That aside, if the scummy retailer is refusing to comply with the law, are you going to stand on a point of principle, or contact the manufacturer to get it fixed?

Avatar
Captain Badger | 3 years ago
3 likes

If you bought it on credit card you may be able to exercise section 75, where the credit card company is obliged to take up the case for you. I have found (so far) that this is has been so successful in the cases that I have done this that even the threat of section 75 has motivated retailers to see sense. Neither have I yet found the CC companies to be reluctant to respond positively.

These days I make all major purchases on CC, even when intending to pay off immediately, for this purpose alone

https://www.which.co.uk/consumer-rights/regulation/section-75-of-the-con...

Avatar
kil0ran replied to Captain Badger | 3 years ago
2 likes

Yep, very effective. And you don't even have had to pay the whole amount by CC, just a deposit is enough. Even applies to used vehicles, which is why a lot of traders won't take payments on credit cards.

Avatar
Grahamd replied to kil0ran | 3 years ago
2 likes

kil0ran wrote:

Yep, very effective. And you don't even have had to pay the whole amount by CC, just a deposit is enough. Even applies to used vehicles, which is why a lot of traders won't take payments on credit cards.

As long as the deposit is at least £100.

 

Avatar
Hirsute replied to Grahamd | 3 years ago
1 like

The full price is to be £100+ but the amount on the credit card can be anything.

Avatar
Captain Badger replied to Hirsute | 3 years ago
0 likes
hirsute wrote:

The full price is to be £100+ but the amount on the credit card can be anything.

That's worth knowing, I thought it had to be over a ton with the CC

Avatar
Tom_77 | 3 years ago
0 likes

Have a look here for an overview on Consumer Rights - https://www.moneysavingexpert.com/reclaim-consumer-rights/

Did the bike came with a warranty?

 

Avatar
Dave Dave replied to Tom_77 | 3 years ago
1 like

Warranties don't come into it. The retailer has to repair, replace, or refund. Less than 6 months since purchase means they have to presume your claim is correct and r,r, or r without investigation - although they can attempt to claim back from you if it turns out not to be their fault.

Unfortunately, unless it was a very, very expensive ebike, you're going to struggle to force them to comply with the law. Small claims track is all very well, but if they defend - say, on the basis that you damaged the bike - how are you going to prove otherwise (without expert reports that cost far more than the bike)? 

Avatar
Sriracha replied to Dave Dave | 3 years ago
1 like

I thought that inside 6 months the weight of assumption is on your side, so the retailer would have to prove you damaged it, not just put it out there for you to defend.

Avatar
Dave Dave replied to Sriracha | 3 years ago
0 likes
Sriracha wrote:

I thought that inside 6 months the weight of assumption is on your side, so the retailer would have to prove you damaged it, not just put it out there for you to defend.

I mentioned that in my first paragraph. Point is, if they say 'we've inspected the bike and this damage is due to abuse', the judge can't tell who's right without expert evidence. If what they said was true, they'd win. If you're going to challenge that you need evidence. They can say 'we've sold hundreds, this is the only one which broke'.

https://www.which.co.uk/consumer-rights/advice/what-do-i-do-if-i-have-a-...

Unless you're certain to win, is it worth risking the filing fee?

The internet loves to tell people to go to court. It's bad advice, on the whole. Unless you have an indisputable and very straightforward claim, and the defendants actually have the money to pay, it's usually not going to help.

Avatar
Captain Badger replied to Dave Dave | 3 years ago
1 like
Dave Dave wrote:

Warranties don't come into it. The retailer has to repair, replace, or refund. Less than 6 months since purchase means they have to presume your claim is correct and r,r, or r without investigation - although they can attempt to claim back from you if it turns out not to be their fault.

Unfortunately, unless it was a very, very expensive ebike, you're going to struggle to force them to comply with the law. Small claims track is all very well, but if they defend - say, on the basis that you damaged the bike - how are you going to prove otherwise (without expert reports that cost far more than the bike)? 

an ongoing conversation with the retailer says that they've accepted the issue. In any case as srirarcha says withing a reasonable time the onus is on the retailer to demonstrate misuse, not vice versa

Avatar
Dave Dave replied to Captain Badger | 3 years ago
0 likes
Captain Badger wrote:
Dave Dave wrote:

Warranties don't come into it. The retailer has to repair, replace, or refund. Less than 6 months since purchase means they have to presume your claim is correct and r,r, or r without investigation - although they can attempt to claim back from you if it turns out not to be their fault.

Unfortunately, unless it was a very, very expensive ebike, you're going to struggle to force them to comply with the law. Small claims track is all very well, but if they defend - say, on the basis that you damaged the bike - how are you going to prove otherwise (without expert reports that cost far more than the bike)? 

an ongoing conversation with the retailer says that they've accepted the issue. In any case as srirarcha says withing a reasonable time the onus is on the retailer to demonstrate misuse, not vice versa

I don't think you're getting my point. If the retailer says the nature of the damage demonstrates abuse, it's down to you to prove otherwise.

It's possible you will win on the balance of probability, but without expert evidence which will likely cost more than the 750 cap for recoverable costs, it's unlikely.

Even with the expert evidence it isn't a guaranteed win. If you lose, you're out the cost of the report you commissioned.

Would you risk a further 750 (plus filing fees) to recover 1500, unless the chances of success were much better than 50:50?

As for 'the shop has accepted the issue', the reason we're here talking about it is because they refuse their statutory duties.

Finally, unless you've actually tried this yourself at some point (and clearly you haven't), I'm afraid you don't actually know what you're talking about. You've presented a classic example of what I mentioned above.

Latest Comments