Dispute over Faulty Bike with Bike store 11 June 2020 at 7:52PM in Public transport & cycling 9 replies 361 views

SMCGRANN87

I bought a bike from a bike store using the cycle2work scheme however instantly i was complaining of problems with the bike. I must have taken it to them over 10 times to get fixed and they could fix the bike over a 3 month period. I have now sent them a letter asking them to cancel the cycle2work contract as i want to set up another so i can buy a bike that works. 

The issue lies in that i also bought accessories specific to riding a bike such as cycling shorts and helmet as well as lights, locks etc. When you cancel a cycle2work scheme they refund the full amount including accessories and with a statutory right to reject the bike, do i also have a right to reject the goods that were specific to the bike? otherwise theyre completely useless to me.

Essentially the argument is, can i force them to cancel the contract with my statutory right to reject the bike and would they have an argument to say no as the accessories come into the agreement which then means i cant buy another bike?

i only want a bike that doesnt sound like crap to ride

Manxman_in_exile

You've brought it back ten times in a three month period or they've taken three months (or said they would) to fix it?  Your post is not very clear.  Why would your cycling shorts, helmet, locks and lights be specific to that bike?  You could use them on another bike.

What does "i only want a bike that doesnt sound like crap to ride" mean?  If it had a fault you could have rejected it outright within 30 days.  After 30 days and within six months, if you can demonstrate that it had an inherent fault when you bought it, then the retailer would have to replace, repair or refund* (their choice which - not yours). 

"sounding like crap" is not necessarily a fault.  I don't know what you mean but your post is generally quite confusing.

* If the retailer chooses to refund they can deduct an amount representing the use you've already had of the bike.

SMCGRANN87

Manxman, let me clarify
I have taken it back 10 times in three months and failed to repair. I, in good faith thought they could fix it each time and this time dragged on.
The onus is on the retailer to prove it doesnt have a fault within 6 months, and it is my choice to reject within 6 months if no solution has resolved it, which none have. 
Sounding like crap is a fault as it is not to a satisfactory standard as per the consumer rights act. To go into greater detail, the brake disc was bent, the brakes were faulty and rubbing against the disc brakes, they cant work out the clicking noise but admit that this isnt acceptable.
The retailer cannot refund me, they can only cancel the contract. The question was that they could have an argument to refuse to cancel the contract with cycle2work on the basis that there are extra goods in there that are specific to the purchase of a bike. I cannot purchase another bike without the cycle2work scheme as i dont have the financial means however in order to access the cycle2work scheme again, they must cancel the contract..  There is no other way round it, they either cancel the contract and i get a full refund or they refuse to cancel the contract.

missile

You have been back there 10 times  Why not ask store to cancel and see what options (if any) they can offer you?

SMCGRANN87

I have, they dont want to as its on cycle2work and it means they would have to accept the full order back including accessories. Spoke to cycle2work this morning and their argument aswell is, i wouldnt have went out and bought a helmet etc without a bike therefore they must ensure the main purchase is of a suitable quality otherwise the full order is invalid. 

Manxman_in_exile

SMCGRANN87 said:

The onus is on the retailer to prove it doesnt have a fault within 6 months,...

sorry - my error.  I'm blaming lockdown for mental shutdown...

Nebulous2

None of that sounds like a major problem. The brake discs should be a straightforward fix - even if it meant them changing the discs for straight ones. 

A clicking noise is extremely frustrating, and drives people mad, often being difficult to locate, but wouldn’t be regarded as a major fault. Bottom bracket or pedals would be my starting point. It’s really disappointing that they didn’t manage to solve these problems.

What bike is it? 

Norman_Castle

As above what bike is it and how much was it? Try contacting the manufacturer, the problem may be the shop and their mechanic rather than the bike itself.

macman

10 visits to diagnose and fix a bent disc brake?  Must be Halfords then?
Clicking should be simple enough. If it's only audible when pedalling, then bottom bracket or transmission, if still present when freewheeling, then wheels, if only when braking, then brakes (obviously).
Any half-decent independent bike shop should be able to diagnose it in 10 minutes, so take it to a mechanic who has a clue.

Herzlos

SMCGRANN87 said:

I have, they dont want to as its on cycle2work and it means they would have to accept the full order back including accessories. Spoke to cycle2work this morning and their argument aswell is, i wouldnt have went out and bought a helmet etc without a bike therefore they must ensure the main purchase is of a suitable quality otherwise the full order is invalid. 

Can't they take the bike back and give you another bike of a similar/higher value (with you paying the difference)? Or replace it with another of the same model?