Evans sold my bike to someone else!

dk7

I bought a bike (and several accessories) from Evans Cycles on my credit card - paid in full on date of purchase. The bike i choose was a display model in store so was told they would give the bike a service and i could pick it up later the next week (and all the accessories, as some were due to be fitted to the bike).

I subsequently broke my toe in the intervening period so phoned the store to advise i wouldn't be able to pick it up as arranged.

They offered to transfer it to my local Evans store (i'd bought it from one of the bigger stores in central London to give me more choice when deciding).

To be fair i wasn't overly in a rush to receive the bike due to said broken toe, but having not heard anything from Evans for two weeks, I went into my local Evans to be told they did not have the bike or any knowledge of a transfer from the central london store.

I then phoned the London store who said the bike has not been transfered and that it was not their policy to do that - totally contradicting what I thought had been arranged. However they were still holding the bike and i could pick it up when convienent.

I was away last weekend, so this weekend I phoned the London store to inform them i was coming to pick up the bike to be told they no longer have any in stock and are not due to receive any more of that model from the manufacturer.

A quick search on the interenet shows its not available elsewhere.

I'm appalled by the service from Evans and wandered where i stand from a legal point of view regards the sale? I would of thought after paying in full I have title to the prooduct? They have bascially resold my bike to another customer as they confirmed the stock system showed -1 for that model!

So far the manager of the London store has said to come in and they will "see what they can do". Frankly it should be a lot seeing how they have messed me around and had over £500 of my money for 5 weeks!

Rant over. But any advice on how to deal with this would be appreciated.

4743hudsonj

dk7 wrote: »

I bought a bike (and several accessories) from Evans Cycles on my credit card - paid in full on date of purchase. The bike i choose was a display model in store so was told they would give the bike a service and i could pick it up later the next week (and all the accessories, as some were due to be fitted to the bike).

I subsequently broke my toe in the intervening period so phoned the store to advise i wouldn't be able to pick it up as arranged.

They offered to transfer it to my local Evans store (i'd bought it from one of the bigger stores in central London to give me more choice when deciding).

To be fair i wasn't overly in a rush to receive the bike due to said broken toe, but having not heard anything from Evans for two weeks, I went into my local Evans to be told they did not have the bike or any knowledge of a transfer from the central london store.

I then phoned the London store who said the bike has not been transfered and that it was not their policy to do that - totally contradicting what I thought had been arranged. However they were still holding the bike and i could pick it up when convienent.

I was away last weekend, so this weekend I phoned the London store to inform them i was coming to pick up the bike to be told they no longer have any in stock and are not due to receive any more of that model from the manufacturer.

A quick search on the interenet shows its not available elsewhere.

I'm appalled by the service from Evans and wandered where i stand from a legal point of view regards the sale? I would of thought after paying in full I have title to the prooduct? They have bascially resold my bike to another customer as they confirmed the stock system showed -1 for that model!

So far the manager of the London store has said to come in and they will "see what they can do". Frankly it should be a lot seeing how they have messed me around and had over £500 of my money for 5 weeks!

Rant over. But any advice on how to deal with this would be appreciated.

ok well they shouldnt have sold on the bike

but theyre hardly "messing you around" (bar the transfer confusion)

think of it from their point

you have title to the product

yet you leave it with them

taking up space

space = costs

and care


you have asked them to look after the product for effectivly and whilst breaking your toe is not your fault, it could be seen as you "messing" them about


if you catch my drift

so all technicalities aside

they have made a big mistake, get a full refund, they are obligated to as they cannot complete their side of the contract.

OR

ask them that if you used the money to go to another bike, could you have discount for the inconvenience. (they dont have to oblige but i think if you say that its either that or you will go elsewhere then they should be more than willing to, to keep your custom)

so yeh by the end you will have a full refund or a shiny new more expensive bike

if they dont give you discount then you will have to take your refund and go elsewhere, even if its another branch, just so they dont get the satisfaction of you returning anyways.

dk7

I see your point but the key issue is I never asked them to hold my bike, i just courteously informed them i couldn't pick it up on the agreed date as i broke my toe the previous night so could hardly jump on it and ride it home!

They then caused the delay by offering to transfer it to another store, which they then didn't do or inform they couldn't do till i chased them.

For me the key point is the bike is no longer in stock anywhere. After much umming and arring it was the bike i'd chosen to buy, and indeed did buy, as it fitted my requirments the best.

From reviewing their t&cs: Title to the product shall not pass to the buyer (me) until the company (Evans) have received payment in full completing the contract.

I paid in full on the day i chose it, hence i had title, contract complete, and they have resold it to someone else!!

sarahg1969

dk7 wrote: »

I paid in full on the day i chose it, hence i had title, contract complete, and they have resold it to someone else!!

But it was just a mistake, and if they now refund you, you'll be back in the position you originally were, and you can find another bike.

dk7

sarahg1969 wrote: »

But it was just a mistake, and if they now refund you, you'll be back in the position you originally were, and you can find another bike.

Crickey you're all nicer people than me.

I've only lost time & money (credit card bill is paid - no product to show for it) and a lot of goodwill for what i thought was a decentish store.

Personally i thinks its inexcusable to resell a product you've already sold, especially in the days of computerised stock systems.

I just can't see past the fact they have sold something that no longer legally belonged to them!

4743hudsonj

dk7 wrote: »

I see your point but the key issue is I never asked them to hold my bike, i just courteously informed them i couldn't pick it up on the agreed date as i broke my toe the previous night so could hardly jump on it and ride it home!

They then caused the delay by offering to transfer it to another store, which they then didn't do or inform they couldn't do till i chased them.

For me the key point is the bike is no longer in stock anywhere. After much umming and arring it was the bike i'd chosen to buy, and indeed did buy, as it fitted my requirments the best.

From reviewing their t&cs: Title to the product shall not pass to the buyer (me) until the company (Evans) have received payment in full completing the contract.



I paid in full on the day i chose it, hence i had title, contract complete, and they have resold it to someone else!!

yes but by not taking it when buying you were asking them to look after it

after all you wouldnt just leave it outside the shop would you


so yeh


anyways, by the sounds of it your trying to find a way to force them to sorce you that bike. that may or may not be the case but just claim your refund or replacement, whatever you choose, and be done with it

pinkshoes

dk7 wrote: »

I see your point but the key issue is I never asked them to hold my bike, i just courteously informed them i couldn't pick it up on the agreed date

Indeed you never asked them to hold it, but nor did you make any further effort to pick it up, hence you left it there so long, a member of staff probably got confused and sold it, thinking a customer no longer wanted it.

Yes, they made a mistake, but so did you by not picking it up, and not making a formal arrangement to pick it up in the future.

If it were my bike, I would have arranged and paid for a courier van to pick it up, or got a friend to collect it and bought them beer for their efforts.

Either negotiate a new (better?) bike with them, or get a full refund.

jebervic

I agree with the others, get your money back, I think you should have made more effort to collect to collect your bike.

sarahg1969

jebervic wrote: »

I think you should have made more effort to collect to collect your bike.

I don't think that's the issue at all. He had left it with them because he was unable to collect. And they shouldn't have sold it to someone else.

But they simply made a mistake. Everyone does it, and some mistakes have mroe serious consequences than others. Fortunately, this one is easy to remedy. Get a refund, and get a new bike.

LinasPilibaitisisbatman

sarahg1969 wrote: »

I don't think that's the issue at all. He had left it with them because he was unable to collect. And they shouldn't have sold it to someone else.

But they simply made a mistake. Everyone does it, and some mistakes have mroe serious consequences than others. Fortunately, this one is easy to remedy. Get a refund, and get a new bike.

Its not really their problem that he couldnt collect it.

They held onto it for a short time and imo when no further contact was forthcoming were reasonable to resale it. I am sure they will refund the cash no bother or find him a suitable replacement.

The OP cant buy something, not collect it then expect the store to just hold it indefinitley . not unless he paid for that service?

Finally he had a broken toe. not his leg amputated. I can't believe a broken toe would even stop you cycling never mind travelling by some other method to collect it.

The OP was clearly to lazy to get off his !!! to get it and now wants to blame someone else and trying and spin it to his advantage.

dk7

i obviously wouldn't leave it outside the store! :rolleyes:

I couldn't take it the weekend i bought it - they would not let me take it without servicing it first.

Before the following weekend, when i was due to pick it up as arranged, I phoned them to inform them i would not be able to pick it up due to my toe. (Linas - would pay to see you put a pair of road bike shoes on with a splinted broken big toe!:eek:). At this point they offered to tranfer the bike to a more local store to my home, which i felt was a great offer given my situation and agreed. I was informed they would contact me to let me know when this was done.

Having not heard from them after two weeks I went to my local store to find out what was going on. They had no knowledge of the process as the central london store had failed to transfer the bike like they had offered.

I then phoned the central london store again (note they never contacted me to say at any point it was an issue to hold the bike in store or explain they couldn't meet their side of the deal to transfer the bike). They apologised about not doing the transfer and agreed to hold the bike at the central london store until I could come in for it.

I explained I was abroad the following weekend but I would come this weekend to pick it up. They agreed to this given they had not fulfilled their offer to transfer it to my local store.

So sunday I phone them to advise I'm coming in that afternoon to the central london store to pick it up and they reveal they have sold it to someone else!

I struggle to see where in that process i failed to keep them informed?They offered a transfer and then failed to do that, leaving it to me to find out what was going on. We then made a final arrangement i would pick it up this weekend and they reneged on that agreement.

The crux is i had title to the product and will be telling head office so tomorrow. I'm fully aware they have to refund me, (they certainley can't charge me when there is no product available) but i'm after the bike and accessories i chose and paid for, which unfortunately it seems i can't get elsewhere now. That is why i was looking for advice.

Anyway thanks for all the helpful input. :rolleyes: