First of all, sorry for the long story.
I'm not going to resort to naming the bike shop but… I bought an ex demo bike over the telephone from a bike shop. I'd seen a few photos of the whole bike and a few close ups of the few chips and marks it had, I was also told via e-mail that it was hardly used in good condition and everything in good working order. Upon receiving it there were a few extra marks that weren't in the photos but i was happy.

Out on my first ride, soon into it there was a noise coming from the front brake, I stopped and found the top calliper mounting bolt loose and could undo it easily by hand, intending to just slacken the mounts off align the caliper and retighten and all should be ok. The top mounting bolt seemed far too loose so I took it out and could see swarf from the post mount on the bolt and the threads inside the post mount stripped. At no point did I try and tighten the bolt.
The two mounting bolts are of different sizes due to the post mount adapter to the caliper being a different thickness top and bottom and the shorter bolt had been used where the longer one should have been, thus the calliper was only held by the first 3 or 4 threads.

I've contacted the bike shop, who contacted the manufacturer. The manufacturer wants nothing to do with this and says everything left its factory fine in the correct place.
So now it's between me and the bike shop. It's basically my word against their's I can use the correct bolt but fear the same may happen sometime meaning I have to get an insert or helicoil fitted as the longer, correct bolt will only be held by 3 or 4 threads further in.

The shop is offering me £40 of free goods in compensation which I find as absurd. I've had the bike for 6 days so suggested I would return the goods under the distance selling regulations. The shop is now saying they won't accept the bike back and give a refund as the goods are not being returned in the same condition as they left, basically saying I caused the damage and it's my word against theirs.
So any advice etc will be greatly received, yes I can still use the bike with the correct bolt in place but I'm left with an expensive fork with half of the length of post mount threads stripped, I didn't do it and in all likelyhood would not have purchased the bike even if a repair such as helicoil or insert had been used.
So… what do you all think?
Sorry again for the long thread but need some advice and had to get this off my chest. We're talking over £2500 spent here.

Put a small claims court thingy in – suspect they'll change their tune.

for £2500 I'd wouldn't be asking on an internet forum.

CAB or a proper solicitors letter to them would be my preference.

Trading standards or citizens advice would be the best place to try,

Are they part of a chain by any chance?

Balls to CAB/Small Claims nonsense.

Getting a steel helicoil put in will cost about £40. If I were you, I'd ask them to do it/pay for it, and then I'd be happy with my new bike and the knowledge that the stupid threads will never strip again.

It's unfortunate, but really not that big a deal. I mean, if the thread is repaired at their cost, then there's no real harm done, is there?

Well there is since it'd affect the resale value and frankly they've behaved poorly. If they helicoiled it for me and gave me £100 off, I might consider it.

In situations like this it's about not letting go IMO – you've got to keep at them to get what you want, and you've got to work out what you are entitled to.

I'm not an expert on the law stuff (TJ?) tho it seems like you should look at sale of goods stuff too.

Agreed about getting it fixed. Helicoil will be as good (if not better) then it was.

The CAB tend in my experience not to like things such as this as it's semi technical and my word against another. I guess if they were to fix it and offer some kind of compensation I'd be relatively happy, or less pi*&ed off but they're not offering to fix it, probably as they'll have to pay for carriage there and back. Maybe with the £40 I could get one of their cycling tops and burn it to get rid of my anger and frustration. 😉

Yes a hellicoil is a suitable fix, but new lower legs would be the honest option esp from a bike shop. But thats only half the problem its the service from the shop thats not good.

I'd be a bit pissed that my bike that i'd paid £2.5k for was damaged by some hamfisted mechanic.

If the shop where trying to wash their hands of it, which it sounds like i'd go get advice elsewhere and take i further.

Get it fixed at a local light engineers, send them the bill (agreed in advance of course). Plus, some shop credit as compo. No carriage back and forth that way, which is essentially 'dead money', as neither you nor them benefit directly from it.

Bear in mind, £40 shop credit is about £25 to them, maximum. Point this out to them, and they'll get embarrassed and double it.

Right, this isn't legal advice – but this is what I would do in the same situaiton (as you have described it)

I have no idea if, as aengineering solution, a helicoil is a decent option. You'd prbably need advice from someone (an engineer) on this.

In any event, if you're not happy, then the first port lof call is as follows:

Write to them and state that ypu are rejecting the bike on the basis of:

1. the bike does not fit the description
2. the bike is not fit for purpose and is potentially unsafe
3. their email that it was in good condition induced you to enter into the contract to buy it.
4. on the basis of their misrepresentation about the fitnes for purpose of the bike, you are rejecting it and rescind the contract.
5. you want a full refund.
6. you will arange to ship the bike back to them at your own cost (as a means of expediting the process) and expect a refund to hit your account/card on the day the bike is received. Notify them fo the date the bike is due to arrive with them.

Once they get the bike back and still refuse to pay up, then you write them a letter stating that they owe you £2500 on the basis of your previous correspeondence and they have 7 days from the date of this letter to pay up.

If they don't pay up, then issue proceedings (small claims, I think). Take some legal advice at this point.

£2.5k for an ex-demo?

*whistles in that way that indicates something is pricey*

ourmaninthenorth is correct as regards the law. Only you can decide if its worth the hassle to you.

to me its a marginal decision. I'd be tempted to go back to them and say you will settle for a bit more.

Under distance selling regs I believe you have an absolute right to reject for no reason within 7 days.

under sale of goods act you have a right to reject poor quality goods as OMITN says.

consumer dirct is a useful website

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/distance-selling-regulations/

The key features of the regulations are:

* you must give consumers clear information including details of the goods or services offered, delivery arrangements and payment, the supplier's details and the consumer's cancellation right before they buy (known as prior information)
* you must also provide this information in writing
* the consumer has a cooling-off period of seven working days.

Point this out to them, and they'll get embarrassed and double it.

if they sent the bike with a stripped thread, they're either incompetant or chancers, as it should have been spotted in PDI. In the latter case embarrassment isn't going to work. My feeling is that rejecting the bike on the basis of one minor flaw is overreacting, and as said above, helicoling will make it better than new in that area. Unless there are other things wrong too ?

This is Orange isn't it?

😉

I wouldnt be happy drilling out and tapping the narrow post mount to fit a hellicoil. The thickness of the perant metal, i'm assuming magnesium, is starting to get a little on the thin side and will not be as strong. It might be fine, but as its your main brake……I wouldnt risk it.

No, this isn't Orange its a LBS, used to be a chain of 2 I believe but one closed.

I've spoken to Mojo about what can be done, due to the lowers being soft magnesium and the way helicoils are fitted they recommend against the use of them, saying it will last for a while but is a safety issue. They can provide new lowers for £153 and say it's an easy job for fitting yourself basically nothing different than you'd be doing for a service at home.

see if the shop will accept just the forks back and replace the lowers for you?

That's your answer – new lowers, supplied and fitted FOC.

Threaten to send the bike back (as TJ has rightly pointed out) and then allow them to think this is their idea.

I've put a helicoil into magnesium and had it fail badly 6 months later, but I've put several into steel and aluminium without problems. From those experiences and what I heard, normally they are a good engineering solution, but it seems not for magnesium.

Thanks Hooter for that, basically as Mojo said but you've experienced it first hand.
Spoke to the manager told him £40 shop credit was basically a slap on my face and told him the price of new lowers from mojo. So, there's now a new set of lowers on their way to me as a means of resolving this, Yay. 🙂
Cheers all.

Good work nibsy

I take it your Pleased?

Will we get to see a pic of your purchase?

good result all round I think 🙂

I was about to say the same about helicoils in magnesium (i.e. dont do it), also most engineering shops like a big flat surface to work on, which forks arent, yes you can get a helicoil in with a hand drill, but its a bodge and they wont be too keen on bodges (they're an engineering shop, their whole job is gettign things right to the nearest 0.001mm).

You could have however drilled it out to a larger bolt size and tapped that in, but that would mean drilling out any addapters/callipers to suit as well.

Yep, I'm pleased with the result but feels it's only right. I didn't fancy having the post mount drilled and tapped out to the next size due to less parent material then being present.
I'll have to join a pic hosting site to post some photos but the new baby is a Trek Remedy 9.8 🙂 Special treat to myself and just sold 2 bikes to part fund it.

I was about to say the same about helicoils in magnesium (i.e. dont do it)

thanks, I didn't know that!

for photos http://www.tinypic.com is simplest, no need to join 🙂

it is up to the seller to prove that the goods were fit for purpose not for the buyer to prove they weren't i.e. the onus is on them. Write in to them say you have taken advice on the matter and that you either want them to pay for the repairs, give you a refund or offer you will be forced to take further action via Trading standards.
With the fault being a potentially deadly one they would be foolish to offer you anything less
Make sure you have all correspondednces for if it does go any further.

You need to set a time limit for a reply. 7 days is normal.

I've returned a second hand car to Arnold Clark (yes I did) using strongly worded letters that stated the buyers rights etc.

Arnold fought for a bit then conceded, even got my 40 quid of diesel in the tank back.

Distance selling regs – you have the right to reject goods for whatever reason you want for 7 days. If you bought it with a credit card the card issuer has some responsibility if the goods purchased are not fit for purpose.
Same drama I had with a washing machine a year ago, the retailer fobbed me off that it was the manufacturers problem, I eventually wrote to the head of the company magically a new one appeared.