Views/opinions/insights please?

[NorthernDave]

I am now out of pocket to the tune of £119.99 for LBS's labour and cost of new bb unit.
Should I (try to) reclaim this money from shop?

View attachment 340456

Yes - they've accepted the fault lies with them, replaced the frame and it's frankly ridiculous that they've left you to cover the cost of swapping all the components over.
I'd email the shop with a copy of your costs and request reimbursement - whether the shop stands the cost or they reimburse you and then claim it back from Focus is irrelevant.

 

[jefmcg]

+1

You are entitled to replacement or repair under the sale of goods act. So far they have done neither.

Send them the bill.

 

[hatler]

Yes - they've accepted the fault lies with them, replaced the frame and it's frankly ridiculous that they've left you to cover the cost of swapping all the components over.
I'd email the shop with a copy of your costs and request reimbursement - whether the shop stands the cost or they reimburse you and then claim it back from Focus is irrelevant.

A claim can't be made from the LBS. The bike wasn't bought there.

 

[hatler]

And, thinking more about my previous answer, the shop you bought the bike from should either pay for the component swap over or have offered to perform the component swap over themselves. The bike was not of merchantable quality when you bought it. You're out of pocket as a direct result of their failing. I'd send them the bill or offer them the chance to settle up with your LBS directly (they might get a trade rate).

 

[classic33]

Sale of Goods Act has gone, replaced on 1 October 2015 the Consumer Rights Act 2015
Repair or replacement
When there is a breach of contract, but the consumer has lost or chooses not to exercise his right to reject goods, he will be entitled in the first instance to claim a repair or replacement.
Where a repair or replacement is claimed, the trader must do this at no cost to the consumer, within a reasonable time and without causing significant inconvenience.
The consumer cannot choose one of these remedies above the other if the chosen remedy is either impossible or disproportionate as compared to the other remedy. Also, once the consumer has chosen a remedy, he must give the trader a reasonable time to provide that remedy.
The remedies fail if, after just one attempt at repair or replacement, the goods still do not meet the necessary requirements. The consumer does not have to give the trader multiple opportunities to repair or replace, although he can do so if he wishes. The remedies also fail if they are not provided within a reasonable time and without causing significant inconvenience to the consumer.
In either case where repair or replacement fail, the consumer is entitled to further repairs or replacements or he can claim a price reduction or the right to reject. The same rule applies if both repair and replacement are impossible or disproportionate from the outset.

 

[NorthernDave]

A claim can't be made from the LBS. The bike wasn't bought there.

I was referring to claiming the cost of swapping the components over back from the shop that originally supplied the bike, not the LBS. I thought that would be obvious, but thanks for allowing me to clarify things.

 

[hatler]

Sale of Goods Act has gone, replaced on 1 October 2015 the Consumer Rights Act 2015

I'd completely missed that, thank you.

 

[classic33]

I'd completely missed that, thank you.

Still covered by it though for being out of pocket.

All it takes is one person at the other end to point out it doesn't exist and you may be left wondering "What now?".

Can't see how it'd affect the answer you gave in the post before that though.

 

[jefmcg]

Sale of Goods Act has gone, replaced on 1 October 2015 the Consumer Rights Act 2015

Yes, but he purchased it on August, so sale of goods act applies.

 

[betty swollocks]

Yes - they've accepted the fault lies with them, replaced the frame and it's frankly ridiculous that they've left you to cover the cost of swapping all the components over.
I'd email the shop with a copy of your costs and request reimbursement - whether the shop stands the cost or they reimburse you and then claim it back from Focus is irrelevant.

I already have done; thank you.

 

[betty swollocks]

Thanks everyone.
I settled up with my LBS immediately. I then emailed shopP the LBS's invoice, the picture of my re-assembled bike posted on this thread (I wanted to show them the colour mis-match) and asked for reimbursement.
Haven't heard back from them yet.