Don’t be fobbed off by what the manufacturer or the warranty company will and won’t do. You bought the bike from a dealer, and the dealer is the supplier in consumer protection law.You have to show that the supplier is in breach of contract to you for supplying a bike which was not “of satisfactory quality”, or did not remain so for a reasonable period of time. The Courts have held that the supplier must be given three chances to rectify the fault for which the goods are rejected and must have failed to do so. The goods must be returned to the supplier together with all keys and paperwork, and the supplier must be sent a recorded delivery letter detailing why the bike has been rejected as not “of satisfactory quality”. Case law has put a limit of 6 months on the time you can successfully reject and obtain a full refund, though lesser refunds, taking account of mileage covered, may be obtained outside that period. The price you pay compared to market value will be taken into account. So if you buy a cheap bike on trade terms you cannot reject it. If you buy a cheap bike on retail terms from a trader, you cannot reasonably expect it to be perfect.

The law is pretty tough on the supplier. If goods go faulty within six months after purchase it is deemed they were faulty at the time of purchase and the trader has the onus of proving that the item is not defective due to a manufacturing defect.

www.dti.gov.uk/consumers/buying-selling/sale-supply/page8599.html

During the first six months:

The consumer returns the goods in the first six months from the date of sale and requests a repair or replacement or a partial refund. In that case, the consumer does not have to prove the goods were faulty at the time of sale. It is assumed that they were. If the retailer does not agree, it is for the retailer to prove that the goods were satisfactory at the time of sale. This comes from Sale and Supply of Goods to Consumers Regulations 2002, derived from EU Directive 1999/44/EU which became Clauses 48A to 48F inclusive of the Sale of Goods act in April 2003

After the first six months:

Under sale of goods legislation (Sale of Goods Act 1979, Sale and Supply of Goods Act 1994) consumers are entitled to expect that any goods they buy are of satisfactory quality. That is, that the goods meet the standard that a reasonable person would regard as satisfactory taking into account the way they are described, their price, and any other relevant circumstances, such as the fact that they are second-hand or used.

If a product that was not of satisfactory quality at the time of the sale is returned to the retailer, the buyer is entitled to a full refund (if it is within a reasonable time of the sale), or, if a “reasonable time ” has elapsed, to a reasonable amount of compensation. The consumer needs to demonstrate the goods were not of satisfactory quality at the time of sale. This is so if the consumer chooses to request an immediate refund or compensation. It is also the case for any product returned more than six months after the date of sale.

All cases will be argued on their own facts. So although the Sale and Supply of Goods Act may appear to give you rights, your true rights are governed by case law and asserting them can be very expensive. Our suggestion is that you act quickly, confirm everything in writing, and do not let the clock tick while you are fobbed off with talk of manufacturers and warranties. Be sensible, but be firm. Remember that the standard is judged against what a reasonable person would expect, so be reasonable.

If the claim is a relatively simple one for a specific amount of money use www.moneyclaim.gov.uk run by HM Courts Services. If it is not a simple claim get expert advice.

Some useful links:

www.dti.gov.uk/files/file25486.pdf
A traders guide: the law relating to the supply of goods and services

www.consumerdirect.gov.uk connects you to your local Trading Standards office for free advice by telephone or e mail on all the usual areas of commercial (not criminal) dispute encountered by motorists, and others.

Post your comment

Posted in legal rights |