Claiming money for purchase that is still under warranty

leeeroyb

Hi all,

I was wondering if someone could give me some advice.

I bought an e-bike online in April 2022 so it is still in its first year warranty with the company I purchased it from. The issue is, the bike has stopped working (electrical issue), and all the seller has done is give me the email of the bike manufactuer to get spare parts sent out and not actually engaging in repairing the bike themselves at all. The bike manufacturer has sent me a new display (not likely to be the issue as the bike does not power on at all), but I am not a bike mechaninc or electrician and so I would be unable to carry out any repairs myself, nor surely should I be expected to when the bike is under warranty.

On the websites own website, they state they take care of repairs within 1 year of purchase.


My question is, If the seller continues to ignore communications or refuse to repair the bike, am I able to make a claim to get my money back through my bank? The bike was bought with a credit card which has not had the balance of the bike paid off yet. 

Or is this likely to be a job for small claims court / trading standards?

Appreciate any adivce

Thanks

MalMonroe

Hi, I seem to remember a similar query on the forum not so long ago. 

It's the retailer's responsibility to sort this out for you. 

The info in the following link may be helpful, it's from this very site and is very comprehensive (also updated last month) -

https://www.moneysavingexpert.com/reclaim/consumer-rights-refunds-exchange/

If I were you I'd try to get it sorted out without having to pay anything first. 

leeeroyb

Hi, appreciate the response.

It is also my understanding that the retailer should resolve this. If it was bought from a shop I would just take it back to the shop but unfortunately it was an online store. They are UK based and registered but it is not an option to take it to the store myself.

The only communication I have with them is through email / facebook messenger but since I have requested for them to sort out a way of repairing the bike or issuing a refund they have just stopped responding to messages. This is where I am at now and why I have posed the question of could I just claim the money back via my credit card through a section 75? Or is that too late?

I can't even claim through my bike insurance (which I know I should not have to) as I can't make claims whilst it is still under warranty.

Thanks

[Deleted User]

S75 can be done immediately but the bank will almost certainly ask you to get an independent engineer report on the job to prove the fault (you can claim that cost back in the S75) and will most likely expect you to engage with the shop

What Mal's response lacks is nuance - after 6 months (per the CRA) it is up to you to prove the part was faulty when sold. Under the CRA, things must last a "reasonable time" - a bike under a year old is obviously not lasting a reasonable time particularly given the costs of an e-bike. You should go back to the bike shop and quote the law and ask them to remedy it. 

That said, I'd be tempted to engage with the manufacturer - explain their agent (the shop) is doing a very bad job representing them and the problems you have had and many brands will look to put things right directly e.g. sending parts for another shop to fit etc. Use social media - tweeting or facebook complaints often do well as they are public - but keep to the facts, don't start bad mouthing the shop, just explain the situation and how disappointed you are that XYZ brand is not producing reliable parts etc