Refund issue with part exchange bike

tightauldgit

EnterTheDrogan said:

Thanks Chris

 

This was a time limited promotion and the receipts is shown as follows - 

30% of WY Trade in £0.00
BBL ADV8.9e £1959.30
Promotional offer -£839.70
Balance £1959.30

In effect they have given me a part exchange value of £839.70 for my bike and in the form of a reduction to the invoice as opposed to a gift card to spend on a new bike.

I work for a motorcycle dealer and we have had similar issues where a PX bike comes in and gets sold on. In the meantime, the new bike fails and is rejected and by law we must return the full retail value of the new bike to the customer as we no longer had the PX bike to return

If it's a boosted trade-in value linked to a specific product then I couldn't quote the specific law at you but I think they would have a case to say that the value of the bike isn't what they offered you in trade-in but let's see what the say.

In your motorbike trade-ins it's a slightly different situation since presumably you were offering fair market value for the trade in bikes.

Alderbank

tightauldgit said:

EnterTheDrogan said:

Thanks Chris

 

This was a time limited promotion and the receipts is shown as follows - 

30% of WY Trade in £0.00
BBL ADV8.9e £1959.30
Promotional offer -£839.70
Balance £1959.30

In effect they have given me a part exchange value of £839.70 for my bike and in the form of a reduction to the invoice as opposed to a gift card to spend on a new bike.

I work for a motorcycle dealer and we have had similar issues where a PX bike comes in and gets sold on. In the meantime, the new bike fails and is rejected and by law we must return the full retail value of the new bike to the customer as we no longer had the PX bike to return

In your motorbike trade-ins it's a slightly different situation since presumably you were offering fair market value for the trade in bikes.

I'm not too sure about that.

I think with vehicles the fair market value is the price the vehicle or one of similar age, condition, etc. sells for (not the asking price). The true trade-in price is less than that for a number of reasons.
Sometimes the dealer will allow an artificially high p/x on paper to get a better finance deal but he will recover that from the new vehicle sale.

EnterTheDrogan

Yes - I thought it might show that - so a discount rather than a gift voucher equivalent. It'll be interesting to find out what they offer. I know you have to be back in the position you started in, so it might be worthwhile to see what they offer then come back. Would you be happy with a gift voucher to the value? (Are there any other bikes you'd choose instead? One bad bike/design doesn't mean they all are - and having a Boardman myself - they're decent bikes - could you choose another model?)

I agree - I've had two Boardman's and they were really great reliable bikes. The issues were mostly around the e-bike element but unfortunately this is the best e-bike they offer, so I'd need to consider going back to shank's pony if I were to stick with Halfords.

EnterTheDrogan

Thanks for all your input so far. I've been advised that I will have an update from them tomorrow so will post once I know more.

EnterTheDrogan

Had the promised call. I'd already thought ahead and asked in I bought a non-ebike would I get the same promotional offer. They called to say yes so I just need to decide if that's the right direction for me. If I don't want to buy another Boardman bike, I don't currently have an alternative solution. Some soul searching tonight I reckon.....

the_lunatic_is_in_my_head

Hello OP

The exact answer to the dilemma is:

https://www.legislation.gov.uk/ukpga/2015/15/notes/division/3/1/3/4/2

Where money formed part of what the consumer used to pay for the goods but the rest was “paid for” with something else (something non-monetary), the consumer is still entitled to a refund for the money that they paid and return of the other property transferred if possible. The consumer may pursue a damages claim for any loss for which they cannot claim a “refund” (of money or property) under section 20.

The question of course is what is your loss, the value of the promotional deduction or the value of replacing the bike you traded in. 

The general principle is that you should be in the position you would have been in had the breach (issues with the bike) not occurred. 

On the one hand claiming the value of the trade in bike deprives you of the promotional aspect, on the other you'd have the money to buy another bike to trade in. 

I think you'd be looking at the value of the trade in bike, I'd recommend asking Halfords how much they sold your trade in  

Alderbank

the_lunatic_is_in_my_head said:

I think you'd be looking at the value of the trade in bike, I'd recommend asking Halfords how much they sold your trade in  

You can ask of course but that is commercially sensitive information. Plus if it is sold retail it will certainly have been overhauled and worn parts replaced.

Halfords are involved in a lot of charities around the UK. One I am involved in locally to promote travelling on two wheels rather than four gets free donations from our Halfords of bikes taken in part-exchange (no Boardmans yet though!)

the_lunatic_is_in_my_head

Alderbank said:

the_lunatic_is_in_my_head said:

I think you'd be looking at the value of the trade in bike, I'd recommend asking Halfords how much they sold your trade in  

You can ask of course but that is commercially sensitive information. Plus if it is sold retail it will certainly have been overhauled and worn parts replaced.

That may be a fair consideration and direct costs (i.e parts) deducted would possibly be appropriate. 

cymruchris

EnterTheDrogan said:

Had the promised call. I'd already thought ahead and asked in I bought a non-ebike would I get the same promotional offer. They called to say yes so I just need to decide if that's the right direction for me. If I don't want to buy another Boardman bike, I don't currently have an alternative solution. Some soul searching tonight I reckon.....

If they're allowing you the same discount on a regular bike that might be the best way to go. To be fair, no matter how much 'e-bikes' are promoted, they're all designed cheaply on the other side of the world, and don't (yet) have the quality of componentry on the battery/electronics side that you'd get if you bought say a B&O sound system. They're all the equivalent of a Tandy car radio when you get under the posh plastic covers. I know they say e-bikes make riding a little easier - but for the moment I'm sticking with my Boardman as it'll keep me fitter

EnterTheDrogan

Alderbank said:

the_lunatic_is_in_my_head said:

I think you'd be looking at the value of the trade in bike, I'd recommend asking Halfords how much they sold your trade in  

You can ask of course but that is commercially sensitive information. Plus if it is sold retail it will certainly have been overhauled and worn parts replaced.

Halfords are involved in a lot of charities around the UK. One I am involved in locally to promote travelling on two wheels rather than four gets free donations from our Halfords of bikes taken in part-exchange (no Boardmans yet though!)

They said it had gone to a charity as they couldn’t offer a warranty on it