advice on consumer advice?

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tonyw

Active Member
Location
west midlands
Hi all been a while since I have been on here as biking has become rather a pain, has anyone got any advice on consumer rights?bought bike in 2012 nov done 90 miles since then bike has been back 9 times and been repaired once under insurance still haven't got a working bike. Consumer law says Halfords have to give money back as its defective and cannot be used but vendor disagrees and wants to give me yet another one. Question is this do I take a replacement or take them to court for the money? not sure which way to go here.
thanks all
 

Cycleops

Legendary Member
Location
Accra, Ghana
Sounds like a real pain. The question is would you be happy with another one? If not threaten to take them to court for the money, they might just capitulate. Or you might have to go the whole way and file a claim in the small claims court. They will know the law on this. I would have thought you have a pretty strong case for money back. What model bike is. It?
 

cosmicbike

Perhaps This One.....
Moderator
Location
Egham
^^This
Small claims court is a simple and cheap process from personal experience, and an effective way of showing you are really serious.
I'd settle for nothing less than a full refund.
 

wiggydiggy

Legendary Member
What bike is it?

It could be its just not been set up correctly by the shop in the first place and then just not dealt with properly, if its a Carerra/Boardman I'd take their offer of a new bike and get another shop to check it over. If its an Apollo/Trax, I'm afraid you have just bought a poor bike sorry and it might never be any good.
 
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tonyw

tonyw

Active Member
Location
west midlands
sorry need details I didn't think earlier, its a 2012 Carrera kracken the fault lies with the Clark hydraulic brakes, had very bad set up and service from Halfords been in umpteen times as brakes go spongy shortly after being set up and bled,had entire back brake assembly changed again brakes reset entirely last time 2 days later lever to the bars again no preasure in system after 7 attempts and 2 brake units failed again had it done under insurance ,entire service top to bottom by time it was shipped no preasure in back system again, according to Halfords brakes are not covered under their warranty? so you don't need to stop then, that's about where I'm at now.
 

wisdom

Guru
Location
Blackpool
They say brakes are not covered under warranty.This must mean pads as they are subjected to wear.Your problem is faulty brakes not worn components.They are not fit for purpose so they have in my opinion no cause to not grant you a solution.
Contact your local trading standards.The consumer regs say that before a refund is given you must give the vendor chance to rectify any fault.You have done that and still have the fault.Give trading standards dates etc and they should help you. Could be worth dropping an e mail to the bike manufacturer as well.
 
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tonyw

tonyw

Active Member
Location
west midlands
An update phone call from Halfords today : Offered me substitute avid brakes, so long as I have it done soon , term "goodwill" was used a lot in the conversation but think I'm happy with that as a resolution.
 

fossyant

Ride It Like You Stole It!
Location
South Manchester
Good.

Make them very aware that components are covered by 12 month warrenty, and the issue with the brakes is a serious safety issue with them not holding pressure - nothing to do with wear and tear.
 

classic33

Leg End Member
You're entitled to repair, replacement or refund on the bike. The repair has been attempted, with no apparent difference. Fit for purpose springs to mind here, which rules out the repair as an option available.

Its a major defect that makes the whole item(bike) unfit for the purpose for which it was intended.
 

wiggydiggy

Legendary Member
An update phone call from Halfords today : Offered me substitute avid brakes, so long as I have it done soon , term "goodwill" was used a lot in the conversation but think I'm happy with that as a resolution.

Cheers for extra info and TBH I'd go back to their earlier offer of a whole different bike, not just new brakes, also as well as what people have mentioned already re its not a component issue (e.g. pads) I'd remind Halfords of this court case: http://road.cc/content/news/114978-...claims-steerer-tube-failure-led-severe-facial

Basically I think the whole bike is not fit for purpose, get them to give you a new one or a refund. Swapping the brakes for a none standard (in their eyes) brand will probably confuse them next time you take it to them as they'll forget they've done it!

Kraken is a good bike BTW, might be at the cheaper end of the scale but BikeRadar liked it: http://www.bikeradar.com/mtb/gear/c...dtail/product/review-carrera-kraken-12-46886/
 
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tonyw

tonyw

Active Member
Location
west midlands
as a follow up, Halfords decided that a new entire bike was a possibility but the problem was the clarks brakes and would then have them again, they refused point blank to consider refunding money or changing for another model, but then I did decide to keep the bike as it was a present from my other half, as for going there again...er no im going to get a service plan from a LBS whose plan will include hydraulic brakes(Halfords service plan doesn't) I actually argued the fit for purpose law from 1979 law. I was told"no not going to happen" they refused to take responsibility. I think once this is done I will hope its sorted change what I want on the bike and put it down to a very expensive lesson but will make sure Everyone who thinks about buying fromhalfords I know in future hears about my experiences.
An earlier question about the insurers was this I needed a unbiased assessment of the bikes faults couldn't think of another way of doing it as other bike shops just put it down to the make and bad service.There were other reasons but don't really want to get into that here,
Anyway thank you all for your advice on this and be sure next time im looking for an upgrade will appreciate everyones advice and will take it on board when looking for another retailer.
 

Crankarm

Guru
Location
Nr Cambridge
Put everything in writing to their head office giving them 14 days to sort it out to your satisfaction. Should they fail to do this you will begin a claim in the small claims court. Make them aware of this thread on this forum and all the other forums you will post it on. Also take to Twitter to voice your tale of woe and dissatisfaction with Hellffrauds. Good luck.
 
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