Can I take Raleigh UK to small claims court

I’ve got a Babboe Curve-E that’s affected by the global recall of all their bikes. Press Release

Mines under 5 years old and cracked (definitely not a scratch and a sticker won’t do it), but I’ve had no response to uploading my details to the “frame not found” section of the website.  I’ve been back and forth with customer services for months and months but no progress.  Can I take them to the small claims court, or the original dealer (paid by bank transfer so no CC protection) given there is an ongoing recall and trading standards are involved?

What do the original sellers / shop say? It’s unusual to pay a shop with a bank transfer is it not?

I’d go with a recorded delivery letter to the customer services team stating your position and how they should contact you first, to make sure it gets to the desk of someone who can actually do something.  Make it clear your next move is small claims court.

One last chance, if you like.

Suppose it depends what the recall is for – the details matter. Press release is for safety, doesn’t say they are liable to crack where yours has – could be another issue.

Although the reinforcing plate on yours looks to be miles away from the tube and just filled with weld!

I can follow the small claims court process with a letter before action, but should it be to the retailer or Raleigh and what are my legal chances of winning, or just getting a judgement that says refer to the recall process / trading standards?

Can’t Trading Standards help?

What do the original sellers / shop say?

..or any Raleigh dealers?  I bought a Raleigh many years ago – had a lifetime warranty on the frame, took it to the nearest Halfords and got a replacement bike. Bike was crap compared to the steel beauty it replaced, so I sold it on, but that’s by-the-by.

There’s a huge number of frames affected / potentially affected. Where I work has a small fleet of Raleigh e-cargo bikes which are subject to the same recall (they’re basically rebranded Babboe) and we’ve had zero response to the website upload of frame numbers, details etc. No idea when we’ll hear, what the outcome will be or anything.

I suspect your letter will simply prompt a “we’re working on it” response. I’m not even sure if it’s Raleigh / Babboe or if it’s administrators dealing with it, it’s a Dutch parent corporation.

https://www.gov.uk/product-safety-alerts-reports-recalls/product-recall-babboe-cargo-bikes-2403-0064

” doesn’t say they are liable to crack where yours has”

Does mention cracks on that link. Also gives a phone number… +441271 500 194

I’ve got a Babboe Curve-E that’s affected by the global recall of all their bikes.

Is it though? Or rather it’s not clear. The curve-e is on the list of bikes “in consultation with the authorities” whatever that means, rather than the request not to be ridden list of models.

I can’t tell from that photo – is the paint covered in flecks of rust or is that mud? The crack is now very rusty though – I’m assuming its been out of action for a while. It’s been my experience that making bikes look as clean and cared for as possible helps pull thumbs out of bums and get things moving.

Is it though? Or rather it’s not clear

Yeah cos the Curve-E is obviously completely fit for purpose!

Not a lawyer

Your court action is saying “make this company pay me because I’m out of pocket”

You will have to prove that they are liable for the crack, rather than it being something that you caused. Can that be done with out paying for an assessment by an engineer?

If you prove the crack was caused by poor design or manufacturing then what are you asking for. If you could show 10 years was a reasonable life time then half the cost might be appropriate compensation. But way if they argue the expected life is 6 years, is your compensation 1/6 of the value?

What happens if they go bust before the end of the process?

So much hunch is that it could be tough.

However a letter threatening action seems like a no brained

Last email I had from Babboe support

As it stands the Curve-E is subject to inspection. If it isn’t possible/safe to take your cargo bike to a dealer for inspection we will arrange for a field inspection, i.e someone to come out to you.

Previously

As discussed, your cargo bike will be replaced under warranty rather than as part of the recall. Whilst the ‘stop sale/stop ride’ notice is still in place we are unable to provide a replacement bike, but are in talks with the authorities to get this removed.

Anyone know what would happen if I sent them a letter before action?  They have begun replacing bikes that fall under the recall (Babboe Mini, Babboe Mini-E, Babboe City, Babboe City-E) in the UK.

You will have to prove that they are liable for the crack, rather than it being something that you caused.

I am not an engineer but I was told many years ago that you shouldn’t weld across the end of a brace as it causes stresses to focus and create a weak point. looking at where yours has cracked that certainly seems to be the case so would have thought it a manufacturing error.

I’m not suggesting that the OP caused the crack

But the court doesn’t know about cracks. Evidence would need presenting, from a qualified person, as to why the crack happened

But the court doesn’t know about cracks. Evidence would need presenting, from a qualified person, as to why the crack happened

Even given the current recall, trading standards involvement and lack of technical files at Babboe?  How would a layman go about proving that against Raleigh – hire an expert?

As i say I’m not a lawyer

But that i think that is the problem.

A mate years ago took legal action for a faulty boiler. Not small claims. He paid an engineer to go to court and testify the part was faulty. The other side didn’t show up…

You might get 30 minutes free with a solicitor

The Citizens Advice Bureau might help

Is it possible you house hold insurance or cycle insurance provides legal cover for uninsured losses

I think small claims is easier when it’s clear cut. For example A build B a drive. B doesn’t pay A. Its not that hard to prove the drive exists. If B can’t prove they paid then the court can order them to pay

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/deciding-whether-to-make-a-small-claim/

https://www.advicenow.org.uk/guides/evidence-needed-sue-someone

I’d have figured you could take the shop you bought it from to small claims court, you have no contact or terms with Raleigh UK, they deal with the shop but have zero responsibility to you.

Long list of people in reddit cargo bike forum who have had no luck when entering their frame numbers.

I would have thought that as your contract is with the dealer that sold you the bike you need to focus on those guys. It should at least get them doing the running around for you and they will also have a very direct line into Raleigh which you may not have. If they start hitting brick walls with Raleigh then you need to go down the Small Claims route with the dealer. Its tough but it’s their responsibility. Don’t hang about any longer  though – the Raleigh parent group in Europe is in a terrible state financially and this issue is a huge problem for them compounding all the current bike trade woes. I have a feeling they aren’t going to be around much longer…

https://road.cc/content/news/raleigh-owner-accells-credit-rating-downgraded-again-308857

Not a lawyer… but an engineer 😎… that deals with regs and legislation lots.

Anyway putting that to one side, usually your contract is with the shop – you probably need to take them to court first.

(I’ve something not bike related where we bought something via an agent and out contract was with the manufacturer – and our money went to the manufacturer.  Our claim is going to be with the manufacturer in that case as that’s where our contract sits.)