What rights if a shop damages your bike?

alan_sherman

Any lawyers on here, or anyone with experience of a bike shop damaging their bike whilst in for work? This has happened to me and I'd like to know where I stand legally. Shop has admitted they did the damage verbally.

PeteCamb

Unfortunately it seems your word against theirs, you could try bluffing them that you have a photo taken before it was taken to them for repair. but it's a long short and they could call your bluff.

alan_sherman

Assuming that they admit fault, no problems. What are my rights for sorting it?

I would assume the shop must 'make good' the bike. The damage was that something was dropped on the top tube, scratching down through the lacquer to the carbon. An intial repair is not acceptable and there seems to be a dent in the tube.
Is it a repair - then what about time without the bike?
What about wasted journeys to the shop?

meagain

Start with a claim for a new frame. Make a note of everything they "say" as soon as possible and sign it. If they won't cough up (or rather their insurers won't), lodge an action at Small Claims Court. Issue then becomes your word against theirs and whether or not they are prepared to commit perjury in contradiction of your written record.

freddymercurystwin

http://www.consumerdirect.gov.uk/ they can be very helpful, givem a ringo

Nuggs

Under the Supply of Goods and Services Act 1982 you have the right to kick them square in the nuts.

More seriously, under that Act, there is an implied term in your contract with the shop that they will carry out the service with reasonable skill and care.

If they breach that term (assuming you can raise evidence that the damage was their fault), it will be a breach of contract. The most common remedy for breach of contract is payment of damages. In most cases these will compensate your direct loss. In this case, I would say that's the cost of putting the bike right.

However, are you really going to take them to court over it? One would hope they'll just fix it for you. If they don't, instead of court action (they'll laugh at you if the claim is minuscule) I'd threaten the shop with Trading Standards. However, as one poster has already mentioned, success largely hangs on an admission of guilt (in which case they would hopefully fix it) or else firm evidence (difficult?).

Please bear in mind that the strict 'legal' answer doesn't always present one with the best best course of action!

Disclaimer: this does not constitute legal advice. Before taking any action I recommend you engage a local solicitor who can ascertain and assess all relevant details and advise accordingly.

meagain

"kick them square in the nuts."

On reflection that is probably the best threat.