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Small Claims

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  • 23-09-2020 10:42pm
    #1
    Registered Users Posts: 3,479 ✭✭✭


    Hi all,

    I purchased a new bicycle last year and shortly after purchase a fault developed with one of the wheels, a fault which deemed the bike unusable unless it was repaired.

    The retailer repaired the issue but the fault returned again shortly after. They repaired it again, and again, several times now over the past year, the fault is still occurring.

    I have now asked them for a refund for the bicycle as the repairs weren't permanent and I declined further repair attempts as clearly they weren't remedying the issue.

    The retailer has point blank refused to issue a refund, telling me that as the bike is now over a year they are repairing it again as a "goodwill gesture" and that I'm not entitled to anything else. Bear in mind these issues were first reported well within the first year (and anyway, the retailer seems to think a manufacturers warranty supersedes Irish consumer law) - - the retailer also told me I could "do what I want" and that I shouldn't contact them anymore online about the issue. They have been very ratty in our written communications overall..
    They are a smaller local operation.

    I am appalled at the customer service to say the least, and have come to the conclusion that my best bet now is probably small claims. Any thoughts? Thank you


Comments

  • Registered Users Posts: 19,662 ✭✭✭✭Muahahaha


    On the face of it it seems you've exhausted all avenues with the retailer and yeah the SCC is likely your next port of call. But what exactly is the fault with the wheel, is it not perfectly round or something and you are getting a bumpy ride as a result?

    If the wheel has a manufacturing defect then they should be replacing it rather than constant repairs. Have you tried contacting the manufacturer of the bike direct? I would imagine if there is a defect in the wheel they would just post you out a new one. It sounds like a cock up on behalf of the local bike shop that they didnt identify it as a defect and instead went for constant repairs which clearly havent worked. So either they dont have the skill/knowledge to repair it properly or else it cant be repaired due to a defect that keeps coming back. If some part of the metal in the wheel is weak repairing that over and over again is not going to work because its under constant pressure with each revolution of the wheel and it will get weaker and break again.


  • Registered Users Posts: 3,479 ✭✭✭Curb Your Enthusiasm


    The spokes keep breaking off it.
    They replaced the wheel before but it still occurred. They want to get a new wheel AGAIN now to try it again. I told them no.


  • Registered Users Posts: 14,578 ✭✭✭✭Dav010


    The spokes keep breaking off it.
    They replaced the wheel before but it still occurred. They want to get a new wheel AGAIN now to try it again. I told them no.

    Two Trek wheels, could it be a loading issue?


  • Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Dav010 wrote: »
    Two Trek wheels, could it be a loading issue?

    Excellent way to ask the question :pac:


  • Registered Users Posts: 3,479 ✭✭✭Curb Your Enthusiasm


    Had considered that - - but then checked the max weight of the model I have which I was well under.

    "This bike has a maximum total weight limit (combined weight of bicycle, rider, and cargo) of 300 pounds (136 kg)"

    Even with some cargo (I have small panniers but don't carry much in the way of heavy items) I fall well under this limit.


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  • Registered Users Posts: 3,479 ✭✭✭Curb Your Enthusiasm


    Excellent way to ask the question :pac:

    Superb way really! :D doesn't offend me in the slightest! :) it's a fair question


  • Registered Users Posts: 19,662 ✭✭✭✭Muahahaha


    The spokes keep breaking off it.
    They replaced the wheel before but it still occurred. They want to get a new wheel AGAIN now to try it again. I told them no.

    Sounds like you've had a lot of bad luck with two faulty wheels. But just in terms of the Small Claims Court if you go down that route be aware that their defence will be that they offered to repair it and you refused the repair. Im not saying what way that would go in the court but just pointing out that they have a defence and it could get accepted in the court in which case you are back to square one, you're down 25 euro and you've wasted an afternoon attending court.

    Would you consider allowing them to repair it one last time? You would be fierce unlucky to be supplied with a faulty wheel for the third time. I know you're understandably annoyed at them but Id be thinking of a final repair in the hope it would work rather than going the SCC route right now. That option is still on the table if by some unbelievable piece of bad luck you ended up with a third faulty wheel.

    Out of interest what make is the bike and the wheel?


  • Registered Users Posts: 3,479 ✭✭✭Curb Your Enthusiasm


    Trek, Bontrager. Thanks for the opinion, might be worth allowing one more repair alright


  • Registered Users Posts: 7,593 ✭✭✭theteal


    A repair must be permanent. They've had quite a few tries now so your refusal at this stage is absolutely reasonable and will not detract from your chances of success at the scc.


  • Registered Users Posts: 28,212 ✭✭✭✭drunkmonkey


    Try going directly to the manufacturer with the problem, they must have a customer care department.


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