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Hi,
This might be a long one, so get a cuppa.
Back in January, I bought a new frame, brand new, direct from the manufacturer, we'll call it "Company X" as I don't want to name and shame just yet. I’d appreciate anyone who knows me not naming them either, till this saga has run its course anyway.
Anyway, end of January 2016, bought new frame and built it up. Rode it for a couple of months, managing a massive 40 miles till I noticed the rear wheel was out of line a LOT. I contacted Company X and they agreed the bike was misaligned and mentioned that they had improved things since mine was made and agreed to replace anything that was out of line, I just had to let them build the frame. This took several weeks and I was told I could continue using it. I raised with them that it will put more stress on other items (rear shock was my worry) but was informed it would be fine.
A month or so later, the new frame was ready, so I sent the frame off. I’d managed another 20 miles in that time. 4 weeks later I chased to find out where it was, they hadn’t built it up yet and I was informed they would get on it right away. I kept chasing every week for another 3 weeks before I got it back. Bear in mind this is a 1-2 hour job at most and then pack it up and send back.
So all in I’d been without the bike for 6-7 weeks maybe more, it was a while ago now!
I then went through a bad period and in and out of hospital and couldn’t ride. When I finally did get back to it in September, I managed another 30 miles in total before realising the shock was showing significant amounts of wear on one side of the shaft. I contacted Company X again and was informed that I could send it back to them for them to assess. I reminded them of the previous issues and decided to send the whole frame back as there were still some concerns I had around the straightness of the new frame. On taking it apart, big chunks of thread came out the BB shell. It was a new Hope BB installed and the thread damage was deep inside the shell, so definitely NOT caused by incorrect BB installation as all threads further out are unmarked.
Anyway, frame was sent back on the 19th October and 5 weeks later I still hadn’t heard ANYTHING. So I chased again and ended up in a back and forth email argument that the shock was fine and the wear was totally normal! and the BB threads were damaged by the BB installation. After nearly 2 weeks of arguing (I got the “I’m a suspension expert” response..) , I convinced Company X to send the shock back to SRAM for assessment and sure enough, they replaced it as faulty. Company X’s response till that point was that it was perfectly normal behaviour. I had at this point asked for a refund a few times due to their continued inability to deal with a simple warranty issue or even admit there was a problem.
Now, I don’t know about you lot, but I’ve never worn a shock shaft EVER over thousands of miles and certainly not after 90 miles..
So now its December and I’ve had a frame for nearly a year and its been with them for 2 months this time.
Last Wednesday it was returned to me, loose in the box and had punched through said box and has been damaged. I contacted them again and informed them of the issue and was met with more “its not my fault, must’ve been the courier” despite there being sod all packing around the frame to protect it and stop it moving in the box.
At this point I have once again asked/demanded a refund. In 11 months I’ve been without it for 4 months, Its been made badly originally, made slightly better but still badly 2nd time around and the customer service has been utterly, mind blowingly terrible. 4 months to deal with 2 warranty items that should have been turned around no questions asked within a week each time and I still don’t have a product that I can use after all this time. Not to mention being out of pocket, so can’t even buy a replacement.
My request for a refund has once again fallen on deaf ears and I have now had to threaten small claims court which has also been brushed off.
I should point out that I work in the industry and know how customer service should be approached. Sadly Company X badly needs some lessons in dealing with its customer base.
Stupidly I paid with BACS so my ability to reclaim money that way is not possible unless anyone knows any better?
So, am I being unreasonable in asking for a refund?
Not sure where you stand legally but others will. To answer your question no, I don't think you're being unreasonable at all. If I were them I'd be doing more to appease you and having made one error/mistake you'd have hoped for more in subsequent dealings with whichever company it is
NOpe. I'd have been after a refund much earlier. However consumer law ha been changed to favour the retailer on this so you will only be able to get a partial refund as you are deemed to have had some use. you have had 7 months use so that gets taken as a % of its lifespan and you only get a refund for the remaining lifespan of the item.
http://www.which.co.uk/consumer-rights/?gclid=CK-0pP_ZhdECFYu6Gwode54NFA
http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act
I would be send them a "letter before action" which cost you nowt and is the first step in a small claims. Usually that shakes up some action
I don't think that is being unreasonable personally.
I'd definitely go small claims, just make sure you have very good paperwork on your side.
You should be asking for a refund PLUS reasonable costs incurred IMHO.
I'd have started the thread with the name of the company. I'd be totally pissed off and would be on their social media feeds making a right nuisance of myself.
I think time is against you - sadly the period when you couldn't ride will hurt your 'case', but that said from a 'moral' viewpoint, no not at all - a refund isn't unreasonable.
Misaligned frame, shoddy and dismissive customer service... I thought Evil were all better these days? 😉
[quote=P-Jay ]I think time is against you - sadly the period when you couldn't ride will hurt your 'case', but that said from a 'moral' viewpoint, no not at all - a refund isn't unreasonable.
Misaligned frame, shoddy and dismissive customer service... I thought Evil were all better these days? I'm thinking it starts with an "E" but is another brand...
extremely useful that, thanks. Might make their Christmas dropping that on them. looks like that becasue the original problem is the cause of the continued issues I am entitled to a refund, most likely a full one to my mind.
doh
I was thinking it started with a T based on what i've read after buying mine...
What T is yours rs?
Edited 😉
shhh. All I want to get from this was a bit of collective advice on my rights, which looks like I might have gotten.
[quote=rs ]I was thinking it started with a T based on what i've read after buying mine...
Ah. I was just looking at posting history....
When bollocks this big have been dropped the best thing to do is refund, apologise and both parties walk away. Occasionally some jobs can't be rescued and just go from bad to worse with everyone involved thoroughly pissed off.
To the OP that sounds shite. A refund is what you should request in writing then if they want to play silly buggers escalate.
30 days to 6 months he is entitled to ONE free repair or replacement - whichever is most convenient to the manufacturer/supplier.
If it is not rectified then he is entitled to a full refund without any deduction for wear and tear.
He made them aware of it well within this time frame and they have now made TWO attempts.
They don't have a leg to stand on under the CRA
I've contacted them to that effect. If they want to carry on playing silly buggers it's up to them. Pretty sure I have an iron clad case for small claims.
Get the letter before action on their desk. There is a format this has to be done in - I can't remember what but IIRC the Ministry of justice website has it or you should be able to find one.
I did it to the council over damage to my building - it shows you are serious and any defense in court will cost them more than the refund so as you have a good case - clear manufacturing faults and they have had one chance to repair but failed.
The faulty packaging is not your or the couriers issue. Your contract is with them. They can follow up with the courier if they want
Read up well on the legal stuff tho. Make very sure of your ground and don't let emotion sway you. You HAVE to get it right first time
I wouldn't do the social media until after you get a reply to the letter before action.
I've found that when a business is that recalcitrant over an issue like that it's because they're going broke and simply don't have the resources to fix it.
Or they're total arseholes and they're going broke anyway...
i'm struggling to see why after a year you are reluctant not to name and shame. The entire episode souds shocking.
I'd like to know who this company is so I can avoid them.
Hiding their name means other folk could unwillingly buy their shite.
If you don't want to post openly please message me. Thanks
I'd like to know who this company is so I can avoid them.
+1
matlockmeat, reggiegasket, tpbiker.
i'm not going to name and shame just yet unless things don't go my way. If you are looking at specific brands in the very near future, drop me a line with them and i'll let you know if they are safe!
If you look on the OP's previous posts it's pretty obvious who it is! I can't believe you've let it roll on for a year when you are spending that kind of money!
its due to the timesacles its been away for!
If you've threatened them with Small Claims already, and been ignored, then this is now your chosen path. Get the forms, fill them in, send them off. Only slight issue being the trade prices thing - business to business may cloud things slightly if you are not being seen as acting as a consumer? Also so far we really only have one side of the story, so can't be too judgemental.
Can I have a "C" please Bob?
They should stick to what they are best at making biscuits
😆
I've been waiting for them to strike back with their story 😆
Letter before Court claim sent. We will see if that shakes them up enough to do the right thing and stop ignoring the law.
I need to amend my timeline a little, the initial issue took 2.5 months for the new frame to be made from point of contact, at which point it took a month for the frame to be rebuilt when it was back to them. So 3.5 months to replace the original misaligned frame in total. It was a while ago and i wrote the above in haste and from memory. Should of checked the facts!
Either way, a RIDICULOUS amount of time to replace the front end of a frame. It should not have taken anymore than 1 hour to do once it was back with them.
rant rant rant 😆
Shots fired!
I think that sounds pretty unreasonable of them, and from what I've heard/read it's not surprising. Whether it's the Eu/UK branch or the company as a whole I don't know.
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I love a christmas witch hunt....it's SO festive.