They have kidnapped my bike!! Pls advise!

Dragonfly123456

I purchased a bike following my previous one having lasted over ten years and was so happy to have a nice shiny new bike.
but it was basically was falling to bits!
I had it less than a year so when eventually the company ‘Winstanley Bikes’ replied to me they said that I had to pay £30 for them took at it.

So I paid, they then said it was heavy use and would not offer replacement or refund.

I queried this but nope this is the situation and do I want to pay them to repair it at a hefty price!

I then got pneumonia and struggling to recover and then was in hospital having a complex open surgery lobectomy so I didn’t get back to them but now I’m recovering I would like to have a bike but will need to buy another I guess.

The company emailed me whilst unwell saying they would dispose of my bike as I hadn’t replied.

I consider myself light use as I didn’t bike much other than the occasional short school run some days pre surgery.

I can’t seem to let the issue go in my head as it seems so immoral.

My last bike was from a supermarket and lasted ten years and still ok just a bit rusty so I don’t understand how I’m heavy use!

TadleyBaggie

Did you actually buy the bike directly from Winstanley Bikes or someone else?

eskbanker

Assuming that the bike was returned to the original seller, there are still plenty of gaps to fill in - it's best not to be overly emotive ("kidnapped", "falling to bits", etc), so it'll be informative to explain clearly what the problems with the bike are/were, how long between sale and return, how long ago did you take it back, etc.

The company emailed me whilst unwell saying they would dispose of my bike as I hadn’t replied.

Did they dispose of it or was that just a threat, i.e. do you know if they still have it?

What outcome are you looking for?

LightFlare

what time scales are we talking about ?

how did you respond to their email about lack of contact and proposing disposal ?

I'm not sure how long they would be legally obliged to hold a broken bike for an unresponsive customer (yes, you had complex/serious health issues, but did they know)

Exodi

It's hard to equate the title to the substance of the thread - perhaps a tad flamboyant as it sounds like they haven't kidnapped stolen your bike, you sent it to them for an inspection and then haven't haven't responded to their response on resolutions for however long (appreciate this may not have been your fault, but likewise it's not theirs).

It would also be useful to work out the actual condition of the bike as you describe it as 'falling to bits' despite alleged 'light use' and they suggest 'heavy use' - which is it? Could the description here be a bit excessive like the title?

If you purchased it from them, then as it's been longer than 6 months since purchase, the burden of proof is on you to prove the fault is due to them (e.g. manufacturing defects), as opposed to excessive wear as they allege. This doesn't just mean you emailing them back and saying "I hardly used it, honest", it requires an independent report from a third party that you are responsible for commissioning.

Out of interest, what is wrong with the bike? I presume something major as you did not try to repair it yourself and you say they offered to repair it at 'a hefty price!'.

Dragonfly123456

It was last December/January. I did say I had pneumonia as I was still ok it was after the pneumonia I got worse.
I suppose it is my fault for not replying.
It’s just as I have gone to buy a new bike it has brought it all back.

I’m not good on technical terms so will attach an email.

In an ideal world they would have sent

me another bike!
I did google the bike when I contacted them as I could see it was a common issue in reviews for the bike to not be fit for purpose.

Exodi

https://forums.moneysavingexpert.com/discussion/comment/82174488#Comment_82174488

Thanks for sending this, and while it confirms that they are suggesting its wear and tear as opposed to a manufacturing defect which you might allege, the timeline brings more questions than answers -

The email mentions December - please could you clarify the timeframe, because that might suggest you bought the bike in early 2025, you notify them of an issue around December 2025 (almost a year since purchase as mentioned), and some time after you agree to return it for the £30 cost and since then they still have your bike as you either haven't responded or refuse to have it sent back or agree that the repairs are your responsibility?

How long ago did you return it? Surely not at the start of 2026??

You say they emailed you to say they would dispose of the bike as you hadn't replied, when was that and what did you say in response?

Ergates

This might be a hard one to resolve.

As others have stated - as you'd had the bike more than 6 months at the time you reported the fault, the onus was on your to demonstrate the fault was present at time of purchase. An inspection by a bicycle repair shop would be the way to get this. This kind of happened - when you paid them to inspect it - but, understandibly, it sounds like you don't trust their impartiality when they reported it was a maintenance issue and not a fault.

What you could have done at that point was collect the bike and take it to an independant shop for inspection. However, by then you'd fallen ill and and more important thing to worry about than a bike.

Now the issue is that if they have disposed of the bike, then you won't be able to do that now - which is likely to make enforcing your consumer rights difficult.

On the other hand, when they had the bike and you weren't responding (due to being seriously ill) they became involuntary bailees of the bike, which brings certain legal responsibilities with it. In this context - if they have disposed of the bike, they had a duty to try to sell it (for whatever they could get for it) rather than just throw it in the recycling. If they sold it, then they owe you the money. If they binned it, then they owe you what it would have been worth if sold.

Unfortunately, either way, the second hand value for bikes isn't great.

Dragonfly123456

Thanks everyone for replying, I’m not one to contribute to forums so excuse my lack etiquette.
I must admit I did a crazy title as I thought no one would respond for maybe months so I tried to get a reaction!

I placed the order to buy the bike on 3 February 2025 for a Boss Venom Women’s bike.

I initially just asked if I could have a new chain guard as whilst pedaling bits would fall off, they said they would look into it and let me know and then said the manufacturer said it’s not their fault so no.
I was a bit disappointed so I put through an email about the condition of the bike as my partner said it doesn’t seem safe to ride anymore.

When my partner returns home I can ask him for the technical terms as I’m not too bike savvy.

But they said it had corrosion, cracked tyres, component wear, uneven brake pad wear, impact damage to chain guard.

I think the brake pad wear is because my partner replaced the brake pads as they seemed worn not long after getting it.

I honestly hardly used it as I get out of breath easily and repeated infections so I don’t know how I was so heavy use!

I never had an accident on it either.

eskbanker

As the condition of the bike is key to your options here (if any), have you established if the retailer still has it in their possession or have they disposed of it as they suggested they would?

Dragonfly123456

I never responded to the email as I was unwell and had over things going on. But it would mean paying another £30 to get my bike back.
My partner had to take time off work whilst I was in hospital to do the school run etc so money was a bit difficult and I didn’t know if I would ever be able to ride a bike again at the time so I just left it.
I am aware it’s most probably a lost case and my lack of reponse and lateness was a contributing factor.

It was just on my mind as I’m now cautious of buying a new bike as I want one to last longer than a few months use.