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Do I have any rights ?


MikeRC e2
9 3.5k United Kingdom
25 Aug 2014 10:35AM
Hi...I just bought a new electric bike (1650) from a national company, possibly the largest ebike company in the UK.

I travelled to their main branch some 100 miles away on Thursday 14th. August, tried and bought one and it was delivered on Tuesday 19th. August.
Almost straight away I began having problems with the electrics so I emailed the company asking for help to sort it out. They haven't contacted me and the problems have got worse.

Their advertisements claim an immediate response to problems of this nature and a friendly knowledgeable person at the end of the phone...actually it's a receptionist who takes a message. Smile

I'm going to ring them tomorrow but I expect them to want the bike back in, for them probably the easiest solution and I can possibly expect them to keep it a couple of weeks.
This is a problem for me as the bike is my only form of transport and it'll cost me 50 to return it by courier, a lot more if I hire a van to take it.

Anyone have any views on this ? ....any advice to give me before I try calling them ?
....many thanks.....Mike

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25 Aug 2014 10:46AM
Hi, Obviously the Bike is not fit for purpose, they should offer you your money back or a new replacement. I would not be letting them attempt a repair as it seems the bike was faulty from the day you purchased it. If in doubt contact Citizens Advice I'm sure they will be able to give you good advice and assist you in this matter.

Good Luck and Kind Regards

Willie
sherlob e2
8 2.4k 126 United Kingdom
25 Aug 2014 10:46AM
Hi Mike,

Sorry to hear of your woes. I don't have anything specific to say - other than I found this useful when returning a printer I bought recently to a company and insisted it was replaced rather than repaired. If I recall correctly the company has the right to repair damaged goods, but I argued (successfully) that I had not paid for a refurbished item, but rather a new item. I got lucky (hats off to Calumet), I hope you do too.

Regards,

Adam
Snapster e2
2 133 England
25 Aug 2014 11:00AM
Hi Mike,

Use the below, you do not need to incur costs to return a faulty product.
I've used this letter in the past, which is on the which consumer rights website.

Your address]

[Company address]

Dear

Reference: [contract number]

On [date] I placed an order for a [item] and this was delivered by you on [date].

I have discovered that the [item] has the following problem: [give details]

The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose.

Any returns policy that says I have to cover the cost of returning items must only relate to the situation where I change my mind about the item ordered and not where there is a problem with the item.

I should not lose out financially as a result of your breach of contract and accordingly all costs of returning the item should be met by you.

I also require you to confirm whether you will arrange for [the item] to be collected or will reimburse me for the cost of returning it.

I look forward to hearing from you.

Yours faithfully,

[Your name]


--------------------------------------------------------------------------------
brian1208 e2
11 10.6k 12 United Kingdom
25 Aug 2014 11:08AM
As Willie and Adam suggest I think your opening ploy should be to request that they courier you a replacement bike that works and take back the faulty one - at their cost

too slow typing Smile
MikeRC e2
9 3.5k United Kingdom
25 Aug 2014 11:38AM
[quoteAs Willie and Adam suggest I think your opening ploy should be to request that they courier you a replacement bike that works and take back the faulty one - at their cost]


Thanks Snapster...thanks Brian....I think you're right Brian....that's my start tomorrow.

cheers all ....Mike
25 Aug 2014 1:02PM
If you used your credit card to buy it you have some reclaim there.
MikeRC e2
9 3.5k United Kingdom
25 Aug 2014 1:50PM

Quote:If you used your credit card to buy it you have some reclaim there.


I did yes...I forgot to mention I used a Barclaycard.

....how does that help me ?

thanks Mike
gary_d e2
7 576 13 Wales
25 Aug 2014 2:11PM
The bank that supplied your credit card in this case Barclay's are equally liable for the faulty goods, so contact them and explain the situation.



Gary
Chris_L e2
1.5k United Kingdom
25 Aug 2014 11:30PM
That's right, in law it's as if credit card companies buy the goods from the retailer then sell those to you on credit.

If value is over 100 you can call your credit card company with the problem. They have got loads more clout with the retailer; they can do a chargeback. They do usually expect you to try and sort it yourself initially.

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