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Hi,
If anyone can offer me any advice on this, I would be very grateful!
I entered into a contract with with 50cycles.com for the sale of a Kalkhoff Endeavor S11 Premium for £3295 and duly paid on 16/03/2015 (£2295 debit card and £1000 cyclescheme voucher). The sale for the item was finalised over the phone. At no point since the sale and now have I received any information in durable format that details what my cooling off period is or about my right to cancel, which the Consumer Contracts Regulations 2013 requires them to do (as I understand it). The bike I received soon developed issues and about a week later I requested a refund and to return the bike. This was ignored and the store instead offered my a replacement bike which I (now wish I had not) accepted (benefit of the doubt etc). I experienced different issues with this bike and requested a full refund stood firm. It was confirmed in email that the bike would be collected and refund given and the bike was collected on 10th April. It was almost a month later (after chasing multiple times) that I was informed that the store could no issue with the bike and that a refund would not be offered.
Fast forward a few weeks (now the end of May) and the store finally offered me a refund, less £350 for restocking and depreciation. If they had offered me this initially, I would most likely have accepted it, but after researching the CCR, I understood that because they had not provided me details about the right to cancel and cooling off period, they are not allowed to apply such deductions, so I declined the offer.
Fast forward again to this weekend and I received emails demanding that I collect the bike and if not, I will be charged £50 a week for storage costs, starting tomorrow (13th July). I consider this to be bully-boy tactics in order to force me into accepting back an item which I consider to be faulty and one which I don't want.
Should I accept it back? Will this jeopardise my SCC claim? Can they enforce the charges if I lose the case?
Thanks in advance
Tim
If anyone can offer me any advice on this, I would be very grateful!
I entered into a contract with with 50cycles.com for the sale of a Kalkhoff Endeavor S11 Premium for £3295 and duly paid on 16/03/2015 (£2295 debit card and £1000 cyclescheme voucher). The sale for the item was finalised over the phone. At no point since the sale and now have I received any information in durable format that details what my cooling off period is or about my right to cancel, which the Consumer Contracts Regulations 2013 requires them to do (as I understand it). The bike I received soon developed issues and about a week later I requested a refund and to return the bike. This was ignored and the store instead offered my a replacement bike which I (now wish I had not) accepted (benefit of the doubt etc). I experienced different issues with this bike and requested a full refund stood firm. It was confirmed in email that the bike would be collected and refund given and the bike was collected on 10th April. It was almost a month later (after chasing multiple times) that I was informed that the store could no issue with the bike and that a refund would not be offered.
Fast forward a few weeks (now the end of May) and the store finally offered me a refund, less £350 for restocking and depreciation. If they had offered me this initially, I would most likely have accepted it, but after researching the CCR, I understood that because they had not provided me details about the right to cancel and cooling off period, they are not allowed to apply such deductions, so I declined the offer.
Fast forward again to this weekend and I received emails demanding that I collect the bike and if not, I will be charged £50 a week for storage costs, starting tomorrow (13th July). I consider this to be bully-boy tactics in order to force me into accepting back an item which I consider to be faulty and one which I don't want.
Should I accept it back? Will this jeopardise my SCC claim? Can they enforce the charges if I lose the case?
Thanks in advance
Tim
