advice on consumer advice?

[classic33]

Taken from the Sale Of Good Act 1979
"14 Implied terms about quality or fitness.E+W+S+N.I.F11term] about the quality or fitness for any particular purpose of goods supplied under a contract of sale.

F12(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.
(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.
(2B)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—
(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b)appearance and finish,
(c)freedom from minor defects,
(d)safety, and
(e)durability.
(2C)The term implied by subsection (2) above does not extend to any matter making the quality of goods unsatisfactory—
(a)which is specifically drawn to the buyer’s attention before the contract is made,
(b)where the buyer examines the goods before the contract is made, which that examination ought to reveal, or
(c)in the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample.]"

Since you say it was bought for you, consider getting the person who bought, the person with the contract with them, to go go back and demand the money back. Going on whats been given sofar, I'd say it falls short of being fit for purpose. Brakes being a legal requirement for use on the road.

 

[Tyke]

I have a 2012 Carrera Kracken Clark hydraulic brakes and they are great. The only problem I have had and it seems to be a common problem was with the reach adjuster screw on the lever vibrating loose giving much more reach on the lever this was easy to fix with a small dab of tread lock.

I would go for the replacement bike and make sure they start the new warranty from when you pick it up not from the day you got the first bike.

 

[wiggydiggy]

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.

I have a 2012 Carrera Kracken Clark hydraulic brakes and they are great. The only problem I have had and it seems to be a common problem was with the reach adjuster screw on the lever vibrating loose giving much more reach on the lever this was easy to fix with a small dab of tread lock.

I would go for the replacement bike and make sure they start the new warranty from when you pick it up not from the day you got the first bike.

^This

The brakes aren't terrible, and the internet isnt littered with horror stories so.... I think take the new bike, get a LBS (Local Bike Shop) to change the brakes to a brand you are happy with and, go ride! Make sure you get all the parts back from the LBS as you can probably sell the unused Clarks to someone.

TBH I'm 50/50 on whether the SOGA applies here now, as a whole the bike is fit for purpose (see my comment re the brakes when working are not bad brakes) its just I think they are either faulty or not set up right in the first place and have been made worse every time its being in.

I think if the entire bike was terrible e.g. you'd got an Apollo/Trax and tried using it! then the SOGA would definately apply, here its a faulty component on an otherwise reasonable bike.

 

[tonyw]

Have decided getting avid brakes fitted and then my association with the idiots from the h shop is done any further work will be done at a decent lbs I found,as the post above says not a bad bike not amazing but for under 500 had a lot worse,Any way saving for something better and won't be buying from Halfords

 

[classic33]

TBH I'm 50/50 on whether the SOGA applies here now, as a whole the bike is fit for purpose (see my comment re the brakes when working are not bad brakes) its just I think they are either faulty or not set up right in the first place and have been made worse every time its being in.

I think if the entire bike was terrible e.g. you'd got an Apollo/Trax and tried using it! then the SOGA would definately apply, here its a faulty component on an otherwise reasonable bike.

Question!
Can you purchase the same bike without the brakes fitted?
If not, then the Sale of Goods Act still applies.

 

[wiggydiggy]

Question!
Can you purchase the same bike without the brakes fitted?
If not, then the Sale of Goods Act still applies.

I said 50/50

I can say I have cried 'SOGA' a couple times, when in fact it wasnt. But then other times had a replacement item provided where the retailer didn't have to.

Personally I would take the replacement bike knowing, when setup and working correctly, its a good bike.

 

[classic33]

I said 50/50

I can say I have cried 'SOGA' a couple times, when in fact it wasnt. But then other times had a replacement item provided where the retailer didn't have to.

Personally I would take the replacement bike knowing, when setup and working correctly, its a good bike.

And if that involves getting the setting up correctly done elsewhere, its not fit for sale, let alone purpose.

 

[tonyw]

As a final note to this thread had the avid brakes fitted yesterday,compared to the clarks are amazing been out twice in 2 days brakes are doing exactly what they should do i do think this problem was down to fitting but it has been sorted satisfactorily and i'm well happy. did get them checked before i used them at lbs though, not that i don't trust halfords but well better safe than sorry.