Legal Rights to Return Bike

Secret_squirrel wrote:

I

Also don't get fobbed off by being asked to talk to the manufacturer - it's the retailers problem to deal with not theirs.

Quite, your contract is with the retailer. Don't even entertain the possibility of going direct.

Captain Badger wrote:

Secret_squirrel wrote:

I

Also don't get fobbed off by being asked to talk to the manufacturer - it's the retailers problem to deal with not theirs.

Quite, your contract is with the retailer. Don't even entertain the possibility of going direct.

Also wrong.

https://www.which.co.uk/consumer-rights/advice/what-do-i-do-if-i-have-a-...

It is perfectly reasonable for a retailer to ask you to contact the manufacturer and resolve an issue that way. Obviously at their expense. It remains the retailer's problem, but you need to take reasonable steps to assist in resolution.

That aside, if the scummy retailer is refusing to comply with the law, are you going to stand on a point of principle, or contact the manufacturer to get it fixed?

Yep, very effective. And you don't even have had to pay the whole amount by CC, just a deposit is enough. Even applies to used vehicles, which is why a lot of traders won't take payments on credit cards.

kil0ran wrote:

Yep, very effective. And you don't even have had to pay the whole amount by CC, just a deposit is enough. Even applies to used vehicles, which is why a lot of traders won't take payments on credit cards.

As long as the deposit is at least £100.

The full price is to be £100+ but the amount on the credit card can be anything.

hirsute wrote:

The full price is to be £100+ but the amount on the credit card can be anything.

That's worth knowing, I thought it had to be over a ton with the CC

Warranties don't come into it. The retailer has to repair, replace, or refund. Less than 6 months since purchase means they have to presume your claim is correct and r,r, or r without investigation - although they can attempt to claim back from you if it turns out not to be their fault.

Unfortunately, unless it was a very, very expensive ebike, you're going to struggle to force them to comply with the law. Small claims track is all very well, but if they defend - say, on the basis that you damaged the bike - how are you going to prove otherwise (without expert reports that cost far more than the bike)? 

I thought that inside 6 months the weight of assumption is on your side, so the retailer would have to prove you damaged it, not just put it out there for you to defend.

Sriracha wrote:

I thought that inside 6 months the weight of assumption is on your side, so the retailer would have to prove you damaged it, not just put it out there for you to defend.

I mentioned that in my first paragraph. Point is, if they say 'we've inspected the bike and this damage is due to abuse', the judge can't tell who's right without expert evidence. If what they said was true, they'd win. If you're going to challenge that you need evidence. They can say 'we've sold hundreds, this is the only one which broke'.

https://www.which.co.uk/consumer-rights/advice/what-do-i-do-if-i-have-a-...

Unless you're certain to win, is it worth risking the filing fee?

The internet loves to tell people to go to court. It's bad advice, on the whole. Unless you have an indisputable and very straightforward claim, and the defendants actually have the money to pay, it's usually not going to help.

Dave Dave wrote:

Warranties don't come into it. The retailer has to repair, replace, or refund. Less than 6 months since purchase means they have to presume your claim is correct and r,r, or r without investigation - although they can attempt to claim back from you if it turns out not to be their fault.

Unfortunately, unless it was a very, very expensive ebike, you're going to struggle to force them to comply with the law. Small claims track is all very well, but if they defend - say, on the basis that you damaged the bike - how are you going to prove otherwise (without expert reports that cost far more than the bike)? 

an ongoing conversation with the retailer says that they've accepted the issue. In any case as srirarcha says withing a reasonable time the onus is on the retailer to demonstrate misuse, not vice versa

Captain Badger wrote:

Dave Dave wrote:

Warranties don't come into it. The retailer has to repair, replace, or refund. Less than 6 months since purchase means they have to presume your claim is correct and r,r, or r without investigation - although they can attempt to claim back from you if it turns out not to be their fault.

Unfortunately, unless it was a very, very expensive ebike, you're going to struggle to force them to comply with the law. Small claims track is all very well, but if they defend - say, on the basis that you damaged the bike - how are you going to prove otherwise (without expert reports that cost far more than the bike)? 

an ongoing conversation with the retailer says that they've accepted the issue. In any case as srirarcha says withing a reasonable time the onus is on the retailer to demonstrate misuse, not vice versa

I don't think you're getting my point. If the retailer says the nature of the damage demonstrates abuse, it's down to you to prove otherwise.

It's possible you will win on the balance of probability, but without expert evidence which will likely cost more than the 750 cap for recoverable costs, it's unlikely.

Even with the expert evidence it isn't a guaranteed win. If you lose, you're out the cost of the report you commissioned.

Would you risk a further 750 (plus filing fees) to recover 1500, unless the chances of success were much better than 50:50?

As for 'the shop has accepted the issue', the reason we're here talking about it is because they refuse their statutory duties.

Finally, unless you've actually tried this yourself at some point (and clearly you haven't), I'm afraid you don't actually know what you're talking about. You've presented a classic example of what I mentioned above.