Hello my name is ***** ***** I will help you with this.
For now please let me know how you paid for the bike ?
£500 cash and £499 credit card
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.
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.
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.
wanted a full refund but the retailer would not. He also said that spokes are not covered under warranty
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.
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.
Can I clarify anything for you about this today please?
You should demand a refund from the retailer, the product is faulty.
do we have a right to a full refund?
It is not fit for purpose, as described or of suitable quality as per the Sale of Goods Act
regarding the verbal agreement that we can upgrade is that uphold able?
verbal agreements are so hard to prove
But you can take the above steps to recover your money
can we claim for consequential losses? Anxiety and loss of enjoyment/time? if so what would be a sensible number?
No, your claim would be limited to the cost of the bike only.
also who do we cite for refund of money, the retailer or the manufacturer please?
Retailer only. You have no claim whatsoever against the manufacturer
as its less than 5 weeks does that make the case stronger?
The law says anything under 6 months if it goes wrong is deemed to be faulty.
should we write to the retailer first to try and resolve this
Yes - did you see my advice above?
he is saying that spokes are not included in the manufacturers warranty though
sorry , missed that , just read it
That makes no difference.
thats great, thank you for your help
Can I clarify anything else for you?
no, thats fine thank you, ***** ***** better
Great. Can I help with anything else today?
not today thanks
Ok. If I could ask you to rate my answer before you go - the button should be at the bottom of the screen
If you need more help please click reply
Sorry it was debit card not a credit card, does this make a difference?
Yes. You cant raise a dispute with the card company
So follow the steps re a small claim above
ok thank you
Can I clarify anything else for you, or are you all good?
all good (until I think of something else!!) Many thanks
Sure. If I could ask you to rate as always so I am credited by the site, thanks