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AIBU?

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Original poster

To be angry with bike shop for selling me a second hand bike as new?

432 replies

YellowBellyCat · 04/07/2021 07:23

I bought an expensive bike last week from a well known National bike shop chain. Bike was reduced from £2700 to £2200 as I was told it was last year’s model. It’s a seriously well specced bike.

Turned up for a club ride yesterday and people there recognised the bike, it’s had custom bar tape put on it which makes it distinctive. Someone who works at the bike shop was there and made a comment about how the bike had won a National Grand Prix. I didn’t click at first and thought he meant that make/model. But later on other people were saying oh that’s x’s old bike. I’ve now found public posts from x on the bike shops fb page dated from 2019 with photos of her with the bike saying how she’s entered numerous races with the bike.

I tried to register it with the manufacturer yesterday on their registration scheme and can’t register it as it’s already registered.

So they’ve basically sold me a 2yo second hand bike and pretended it’s new. Don’t get me wrong…it looks in good condition, they’ve obviously cleaned it well, possibly they’ve put a new chain/cassette on 🤷‍♀️ But I wouldn’t have paid that amount of money for a second hand bike. At the end of the 2019 season another National chain were selling them new for £1900!

I’m going back to the bike shop today to attempt some serious price negotiation but not sure how far I’m going to get. If they don’t budge on price I think I will have to insist on a refund as it’s just making me angry now. A similar spec bike in this year’s models is about 4k though as the bike model has been seriously redesigned and upgraded (disc brakes from rim brakes) and I can’t afford 4k. They’re also all out of stock.

A friend was with me when I bought it and she’s as shocked as me, says she also thought it was a new bike. It was lined up with this year’s bikes.

OP posts:
TheHeathenOfSuburbia · 04/07/2021 09:08

Wow, can't believe they did that!

On the other hand, I was looking for one of those bikes earlier this year and couldn't get one anywhere, second hand or new... so I can't help feeling you've actually got quite a good deal! But I wasn't looking for XS ftame size, I think there may have been a couple of those around.

Muat have a hell of a lot of miles on it if she's that keen!

StrongLegs · 04/07/2021 09:11

This happened on another online thread recently with a bass clarinet. They person got back in touch with the shop and explained that it had been sold used but labelled as new. The shop appologised and gave an immediate refund without question.

Ohdeariedear · 04/07/2021 09:12

I’d go back to the shop and say I’d tried to register it and it’s saying it was registered two years ago - why would that be? See what they say (presumably they’ll say it’s a mistake at the call centre) then I’d pull out all my other evidence - fb posts, comments from other riders etc.

Before you do this though, you need to be clear on what you want your end outcome to be. Do you want to keep the bike and get a partial refund or do you want a full refund?

caughtinanet · 04/07/2021 09:13

@warmfluffytowels

The shop won't even be open yet for the OP to start a conversation but you are sure it's all part of some organised scam. Please explain how you know that

If it was all above board, OP would have been told the truth when she went in to look at the bike.

My starting assumption is always cock up before conspiracy but I know posters on here love to think the worst.

It's quite possible that the person who served the OP didn't know that the bike had been used by someone else or assumed that the OP already knew that but that doesn't mean that the shop is part of some dastardly plan to dupe people

We just don't know yet

caughtinanet · 04/07/2021 09:15

@StrongLegs

This happened on another online thread recently with a bass clarinet. They person got back in touch with the shop and explained that it had been sold used but labelled as new. The shop appologised and gave an immediate refund without question.
I didn't see that thread but I bet it was full of the same kind of posts as this one, were there a lot of disappointed posters at a prefectly sensible conclusion? Smile
warmfluffytowels · 04/07/2021 09:17

My starting assumption is always cock up before conspiracy but I know posters on here love to think the worst.

It's a pretty monumental cock up if that's the case, and something Head Office ought to be aware of even if the shop remedies the situation.

That's their reputation on the line - they should be informed so they can put measures in place to stop it happening again.

Etorih · 04/07/2021 09:18

I think the only point here is that the op was sold a second hand bike when she was expecting a new one. She wasn't provided with all the facts before buying the bike. It doesn't matter if what she was sold was a good deal or not. It's not for someone else to decide on behalf the op.

Clymene · 04/07/2021 09:18

@Sobeyondthehills

Op

I would ask MNs to edit this bit onto your innitial post

"It’s wear and tear on the parts, the frame. The frame is carbon and they can crack internally of dropped on the ground, etc and I have no idea if that’s happened. The £1900 bike was exactly the same spec."

Because like some other people, I couldn't understand why it would make a difference to you, if you were happy with the price, but this along with other things makes a difference, but no one else will read (at my time of reading) 5 pages

You know you can filter to read just the OP's posts before commenting?

It's irrelevant anyway. She was sold a second hand bike when she thought she was buying new.

MaggieFS · 04/07/2021 09:19

I think the problem you'll be up against, as you've said, is that they may well give you a full refund and apologise profusely. Then they can sell it on (if not in that shop) properly as second hand for the same price you paid given bikes are in short supply.

Chesneyhawkes1 · 04/07/2021 09:20

Also Giant if it's a Liv bike only honour the frame warranty to the original owner I believe.

So it's a bike with no valid warranty now

DrinkFeckArseBrick · 04/07/2021 09:27

www.which.co.uk/consumer-rights/advice/what-are-my-rights-when-buying-second-hand-goods-apeuz1f3nYUK hi OP check your consumer rights before you go. They have wrongly sold it, it is not as described (for a shop that sells new bikes only its reasonable to expect that it's new unless described otherwise). You're entitled to a refund. You might be able to argue for a reduction but they're not obliged to, you could always threaten social media

DontDrinkDontSmokeWhatDoIDo · 04/07/2021 09:30

It's also a problem if you come to sell it on, OP.

You can only tell buyers your history of the bike. You've no idea how many previous miles it's done.

What a bloody pain for you - really takes the shine off .

It must also have been quite embarrassing at the bike club 😡

Lougle · 04/07/2021 09:37

It's tricky if you want to keep the bike. You'd be in a stronger position if you wanted to hand it back for a refund.

honeylulu · 04/07/2021 09:38

Solicitor here. Wow, this is shocking!
Legally speaking there has been a breach of contract.In particular, not satisfactory quality, fit for purpose or as described. All these rely on the fact that it was strongly (or even expressly) implied that you were being sold a new bike that you could register for the benefit of a manufacturer warranty.
You are entitled to be placed in the position you should have been in, had the contract been properly performed. Accordingly, they would need to provide an identical (but brand new) bike but it sounds like that might not be possible and you'd be willing to accept a refund to reflect its worth as a second hand bike. That's the settlement to be reached.

I agree with others that Trading Standards and Head Office is the way to go. Formal legal route too costly and time consuming but nevertheless useful to quite your rights and your willingness to "go legal".

JayAlfredPrufrock · 04/07/2021 09:39

Do they open on Sunday?

thirstyformore · 04/07/2021 09:44

This happened to me with a car many years ago. Long story short it was 2 years older than I thought due to being an ex hire car first registered in jersey. Unfortunately for the car dealership I'm a solicitor. I popped in before work one day, left my card and told the manager to call me. All sorted 30 minutes later! Got a newer more expensive car in exchange.

Not read the thread in full, but I'd be claiming fraudulent or negligent misrepresentation. Ie that they deliberately or negligently concealed the fact that the bike was second hand in order to secure a sale. That means you can get the contract set aside (rescinded) and claim damages.

I hate stuff like this. It's underhand and unfair. Hope you get it sorted.

Scaredycat87 · 04/07/2021 09:47

@YellowBellyCat

The really bizarre thing is that I had to plead to be able to test ride it round the car park. Sales assistant said he wasn't sure I'd be allowed and had to go and get permission. I was under strict instructions to stay on the tarmac not the gravel. Again giving the impression of a new bike
And yet you still bought from them?

You had to “plead” to try out a very very high end bike.

This would set serious alarm bells ringing for me.

I was allowed to test ride a £180
My son allowed to test ride a £1760 bike

ItsAllGoingToBeFine · 04/07/2021 09:48

Is the previous owner local? Is it possible that stock got moved between shops and somehow this bike got mixed in?

Bumzoo · 04/07/2021 09:49

That's disgraceful.

Scaredycat87 · 04/07/2021 09:49

Out of interest
Why did you name change?
Nothing inflammatory about this thread surely? Unless you be a long and convoluted history posting re returning bikes?! Grin

Eddielzzard · 04/07/2021 09:52

Wow outrageous! I would certainly go back and renegotiate a partial refund. I wonder if it's worth going straight to the manager - is it possible they didn't know what staff member was doing? At any rate they've put you in an awful position and they should make it right.

Crockof · 04/07/2021 09:52

@Scaredycat87

Out of interest Why did you name change? Nothing inflammatory about this thread surely? Unless you be a long and convoluted history posting re returning bikes?! Grin
Because this post is very identifying, so if I recognised the op I might be inclined to look at her other posts, and they might contain things she'd rather not have others knowing.
Wrotten · 04/07/2021 09:53

@ItsAllGoingToBeFine

Is the previous owner local? Is it possible that stock got moved between shops and somehow this bike got mixed in?
The ex owner works at the shop.
Ariela · 04/07/2021 09:55

It's the fact the warranty has already been registered that is the problem for the company. Had it not been registered and @YellowBellyCat had been able to register, the shop could say it was new. Would be interesting if @YellowBellyCat could phone up the manufacturer, or email (perhaps pretending to buy the bike and wanting to know how old it was ) and ask the date on which the bike was registered - the manufacturer could give this info as not contrary to GDPR.

Notaroadrunner · 04/07/2021 10:01

@Etorih

I think the only point here is that the op was sold a second hand bike when she was expecting a new one. She wasn't provided with all the facts before buying the bike. It doesn't matter if what she was sold was a good deal or not. It's not for someone else to decide on behalf the op.
Exactly this. She's been led to believe she has a new bike. Whether she likes it or not, was willing to pay over 2k for a bike or not, is irrelevant. She shouldn't have been sold this used bike as new. Hope you get a substantial refund today @YellowBellyCat.
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