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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I purchased a new bicycle from a local dealer 5 weeks ago,

Resolved Question:

Hi, I purchased a new bicycle from a local dealer 5 weeks ago, since then it has had 3 broken spokes on separate occasions, also it is believed that there is a crack in the frame. The Manufacturer agreed to replace the bike today with a new one but has now rescinded the agreement, we also agreed to pay the retailer another £325 to upgrade the bike as we have no faith in its reliability. As the Manufacturer (Merida) has rescinded their offer subject to inspection so has the retailer. He has also refused to refund our money as we wanted to take the bike back. We have lost all faith in the bike and that it is fit for purpose i.e. to endure the London to Paris Bike Ride in aid of charity. Two verbal agreements have been broken, we do not have a bike and are very dismayed and down hearted, this is causing considerable stress and anxiety and we have lost a lot of lost enjoyment. Can you give some advice please?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know how you paid for the bike ?

Customer:

£500 cash and £499 credit card

Alex Watts :

Ok, you need to raise a dispute with the credit card company as they are jointly liable under Section 75 of the Consumer Credit Act.

Alex Watts :

You need to write to the bike dealer and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Customer:

wanted a full refund but the retailer would not. He also said that spokes are not covered under warranty

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

You should demand a refund from the retailer, the product is faulty.

Customer:

do we have a right to a full refund?

Alex Watts :

It is not fit for purpose, as described or of suitable quality as per the Sale of Goods Act

Alex Watts :

Yes

Customer:

regarding the verbal agreement that we can upgrade is that uphold able?

Alex Watts :

Unlikely sadly.

Alex Watts :

verbal agreements are so hard to prove

Alex Watts :

But you can take the above steps to recover your money

Customer:

can we claim for consequential losses? Anxiety and loss of enjoyment/time? if so what would be a sensible number?

Alex Watts :

No, your claim would be limited to the cost of the bike only.

Customer:

also who do we cite for refund of money, the retailer or the manufacturer please?

Alex Watts :

Retailer only. You have no claim whatsoever against the manufacturer

Customer:

as its less than 5 weeks does that make the case stronger?

Alex Watts :

Yes.

Alex Watts :

The law says anything under 6 months if it goes wrong is deemed to be faulty.

Customer:

should we write to the retailer first to try and resolve this

Alex Watts :

Yes - did you see my advice above?

Customer:

he is saying that spokes are not included in the manufacturers warranty though

Customer:

sorry , missed that , just read it

Alex Watts :

That makes no difference.

Customer:

thats great, thank you for your help

Alex Watts :

Can I clarify anything else for you?

Customer:

no, thats fine thank you, ***** ***** better

Alex Watts :

Great. Can I help with anything else today?

Customer:

not today thanks

Alex Watts :

Ok. If I could ask you to rate my answer before you go - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

Sorry it was debit card not a credit card, does this make a difference?

Alex Watts :

Yes. You cant raise a dispute with the card company

Alex Watts :

So follow the steps re a small claim above

Customer:

ok thank you

Alex Watts :

Can I clarify anything else for you, or are you all good?

Customer:

all good (until I think of something else!!) Many thanks

Alex Watts :

Sure. If I could ask you to rate as always so I am credited by the site, thanks

Customer:

will do

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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