Halfords refuse to repair bike, but I won in the end

[strugglingmum]

A bike was purchased in November from Halfords for a Christmas present for a 14 year old boy, a GT Chucker costing approximately £400

It was set up by Halfords and then kept hidden until it was given to him on Christmas Day

He didn’t get use of the bike for several months due to the snow/weather but began using it early March.

Before long the chain came loose and off whilst being ridden, causing him to fall from the bike, although no injuries were sustained there was slight scuffing to the bike. Several other problems arose, the bike was very noisy and again the chain came loose and off, the gears didn’t connect in properly and would get stuck, seemingly minor problems but nevertheless very disheartening when the bike was £400.

Halfords were contacted and the initial response was that the bike hadn’t been serviced and therefore it wouldn’t be a free repair.

Following this I contacted customer services to ask if a bike that was just six months old and had such little use was not under a warranty whereby it would be repaired and told if it was down to misuse then no.

The bike was not misused; it was a £400 bike being ridden normally by a 14 year old boy, on the road and not for any other use.

The bike was then taken into Halfords in June after discussions with customer services who advised us to do this.

The bike was ‘assessed’ by Halfords and we were informed that there would chargeable repairs of up to £80 as it was their opinion the bike had been neglected.

Several emails followed with customer services who said they were looking into it.

Meanwhile the bike was then taken to an independent bike retailer who assessed the bike and the outcome was that the bike had not been set up initially correctly. This was the main cause of the then following problems with the bike. He gave a detailed report stating all the problems and did not once mention misuse or neglect.

This independent report was then sent to Halfords and some 4 weeks later Halfords then replied with an email stating having now discussed the facts with the independent retailer this person has now said to Halfords that he was unaware of the age of the bike and therefore he puts the problems down to neglect.

Although we have the written detailed report from the independent retailer stating total contradiction to that we have yet to verify this is what he ‘said’ to Halfords.

Halfords final stand on the matter (via customer services) is they will not repair the bike without charge.


I wonder if anyone can offer any advice please?
------------------------------- merged -------------------------------
I've just confirmed with the independent retailer and he said he stands by his report and that he doesn't know why Halfords said different. Also found this on the web of someone else having similar problems with the bike.
Never buy from halfords!

[enaid]

Re: Halfords refuse to repair bike

Ok SM have a read of this

Relevant or Related Legislation:

Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.
Key Facts:

• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)
• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).
• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.
• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit
• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).
• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)
• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

[strugglingmum]

Re: Halfords refuse to repair bike

Thanks Di, I honestly feel Halfords are being totally unreasonable and as I said I've managed to confirm the independent retailer stands by his report that the bike was faulty because of the way it was put together by Halfords. Given that I have this report do you think it's now time to take it to the small claims court as there is no way Halfords want anything to do with it now.


This is what was on the independent report:



without prejudice

gt chucka
frame no p9fll0345
inspection instructions quote to correct bike set up

inspection results the bike has had minimal use and would only require a basic service of £25 plus the cost of a new stem the service adjustments are as follows

rear gear hanger straigntening
chain device positioning correctly and set up
rear gear set up
brakes set up
general torque setting check on whole bike
replacement stem due to thread stripping caused by cross threading

we have checked the whole bike and have found that only the stem needs replacing due to incorrect fitting. apart from this the only other work needed is the basic service charge of 25.00 on inspection we have found many issues with the set up of his bike which should not have occured if the bike was correctly set up when the bike was built and pre delivery inspected to conform to the british quality standards we are happy to carry out the work needed to this bike as we are confident that the basic service would rectify these problems all of the work carried out by us is done by cytech qualified mechanic and would be tested prior to the delivery back to the customer

inspection mechanic

filer manager
head technician

[enaid]

Re: Halfords refuse to repair bike

[quote=strugglingmum;162113]Thanks Di, I honestly feel Halfords are being totally unreasonable and as I said I've managed to confirm the independent retailer stands by his report that the bike was faulty because of the way it was put together by Halfords. Given that I have this report do you think it's now time to take it to the small claims court as there is no way Halfords want anything to do with it now.[/quote.


Yes I do but send them a LBA ( Letter Before Action) and give them time to reply, I have a letter that I will PM you so you can amend to suit your situation.
Keep all your paperwork any emails etc.
I just had a scrap over a PS3 and I got there in the end with a little help I may add. Yours is so much more cut and dried than my problem was too.
Enaid x

[strugglingmum]

Re: Halfords refuse to repair bike

[quote=enaid;162116]

Thanks Di, I honestly feel Halfords are being totally unreasonable and as I said I've managed to confirm the independent retailer stands by his report that the bike was faulty because of the way it was put together by Halfords. Given that I have this report do you think it's now time to take it to the small claims court as there is no way Halfords want anything to do with it now.[/quote.


Yes I do but send them a LBA ( Letter Before Action) and give them time to reply, I have a letter that I will PM you so you can amend to suit your situation.
Keep all your paperwork any emails etc.
I just had a scrap over a PS3 and I got there in the end with a little help I may add. Yours is so much more cut and dried than my problem was too.
Enaid x

Oh fantastic Di thankyou, and well done with the PS3 I did have a read and you did really well.

I've just done this on word




Further to the ongoing communications I now write to you to inform you of my intention to take this matter to the small claims court as I have not yet had a satisfactory response to my complaint.
I have given you reasonable opportunity to resolve my complaint. You have failed to do so.
I have now been left with no alternative but to seek legal redress through the courts. Unless this matter is satisfactorily resolved within the next 14 days by full refund of the purchase cost of the bike or replacement of the bike, I will start legal proceedings without further reference to you. The costs of starting this action will also be added to my claim.

May I also make you aware that by failing to resolve this matter there has been a breach of duty of care almost certainly resulting in liability for negligence had my son sustained any injury from using the bike in that condition
Yours sincerely

[strugglingmum]

Re: Halfords refuse to repair bike

Ok, well I've just been to the post office and posted my LBA to Halfords Head Office and given them 14 days. There's no way I'm not seeing this through as I cannot believe how ignorant Halfords have been about this, I'm pretty sure they have even given the other retailer a hard time too.

[enaid]

Re: Halfords refuse to repair bike

Just in case

http://www.unipol.org.uk/Media/PDF/EX160A.pdf

[TUTTSI]

Re: Halfords refuse to repair bike

The link does not open?

Just in case

http://www.mensaid.com/documents/fl/ex160a.pdf

[strugglingmum]

Re: Halfords refuse to repair bike

I've printed out a claim form to fill in and take to the court on Wednesday, (14 days since letter) but I haven't a clue really what to put on the claim form and what supporting docs i should include.

It looks pretty straightforward as I'm assuming in the particulars of the claim I guess I just explain what's happened and how Halfords refused to resolve the issue? How I got a second opinion and Halfords rejected this saying they no longer were interested and provide copies of the emails and second opinion? Is this correct?

[enaid]

Re: Halfords refuse to repair bike

pmd you xx

[righty]

Re: Halfords refuse to repair bike

If Halfords have tried to mislead you over the independent report by claiming they contacted him & he changed his mind then your must as a matter of urgency get him to put his correct position in writing. Then armed with a copy write to Halfords pointing out they have attempted to mislead you by lying (yes you can use the word lying) Then give them a choice either repair it foc or risk court where their alleged deceit will be exposed

[strugglingmum]

Re: Halfords refuse to repair bike

This was the final communication from Halfords which then caused me to contact the 3rd party and he confirmed by telephone he stood by his report as he put it in writing for that purpose and that he said no such thing to Halfords, I have issued Halfords with their LBA and dont wish to communicate with Halfords following that final email as this has been dragging on like this for months.

Quote from email from Halfords:
I have been speaking to both the Halfords store and the manager of the Bike
Shed Richard in regard to your sons cycle.

There appears to have been a small amount of confusion in regard to the age
of the cycle and the usage, Richard was under the impression that the cycle
was younger than it actually is and because of this and other factors he
would not be as happy with the report findings as the issues point more to
a general wear of the cycle combined with some minor neglect.

In light of the findings i am not prepared to offer the repairs free of
charge or cover the repairs at a third party.

I appreciate that this was not the answer you were hoping for but is our
final decision regarding this matter.

[Guest]

Re: Halfords refuse to repair bike

Have you enough detail to complete your claim form?

[strugglingmum]

Re: Halfords refuse to repair bike

Have you enough detail to complete your claim form?

I believe so cet I have had help from Di and have also pm'd Amy to check over my POC, i've never done anything like this before so any further advice is welcome.

Wednesday is the day I put the claim in so I need to be as prepared as possible, Halfords have definitely brushed this under the carpet and been totally ignorant about it,(a clear example of this is the independant report says the bike has had 'minimal use' yet the email from cs says he spoke to the independant retailer (intimidated more like) and told him the bike was then 7 months old and neglected in his opinion even though he hadnt seen it) constantly saying they aren't interested, from the store to the customer services.

They have lied and washed away the clear fact that the bike is and has always been faulty. Oh i'm actually getting angry about them again now, lol, I thought that had subsided!

[strugglingmum]

Re: Halfords refuse to repair bike

D-Day tomorrow, no reply and they have until tomorrow to respond, silly court lady took 6 days to tell me I didn't qualify for my court fees, (she took my pro rata pay into account not what I was actually paid on my p60) but anyway, paid the fees.


p.s. apologies Cet many thanks for your help, my nerves got the better of me :-/



** received a letter from the court this morning saying that they received an acknowledgement of service and that the defendant has indicated they are defending the claim in full **