cracked frame

geminidisco12345
geminidisco12345 Posts: 30
edited January 2010 in MTB general
hi,
I have a proflex 768 that the frame has cracked along the toptube, the bike was suplyed by wheelies as a replacement for my stolen norco and there suplyers are eurobike.

It has taken 6 months for a replacement frame to turn up and when i opened the box it looked like they got it out o SKIP!!

the frame has bad chips and the paint has rubbed off areas, also the bike has had a monkey welded it togetther with massive over heating cauling the frame to distort.

I have re-contacted wheelies and told them im not accepting this and they have told me they will be talking to proflex to sort something but time scales are stupid and probley going to take another 4 mounths

im posting this to see if anyone could advise me what to do I DONT WANT ANOUTHER PROFLEX! there service is naff and im not going much on wheelies at the moment.

many thanks

can anyone explain the my rights on this as i have had enough of the stress the company is putting me through
«1

Comments

  • sorry forgot to say wheelies did offer to take the whole bike back and replace with anouther brand BUT.....
    as i have been waiting so long i got a on one 456 frame and put the parts on that because all i want to do IS RIDE A BIKE!
    and i needed transport to get to work and play.
  • supersonic
    supersonic Posts: 82,708
    Your contract of sale is with Wheelies, so push them to sort it quickly. If they have agreed that the frame was faulty they have a duty to replace it or refund you in a reasonable time.

    I would ask them to compensate you, hurry up, or you'll seek legal advice.

    If they cannot provide another proflex, then an alternative solution must be found.
  • supersonic
    supersonic Posts: 82,708
    sorry forgot to say wheelies did offer to take the whole bike back and replace with anouther brand BUT.....

    Go for that!
  • problem is i cant take the bits off the on one to send the proflex back because i have upgraded and sold and swaped bits i want a frame only
  • supersonic
    supersonic Posts: 82,708
    I see.

    Push for a frame replacement, or money to the value of the frame.
  • i have been trying for the money of the frame and have been told they will only give the value of what it costs them to buy and not rrp of the frame,
    as replacement goes they will only offer me a proflex and proflex have no frames to sell untill end of march.

    i am thinking of contacting trading standerds over this matter but was hopeing to resulve this before it got to that
  • bails87
    bails87 Posts: 12,998
    Yeah, end of march isn't a reasonable time frame. They shouldn't be offering you that.

    Explain to them that they need to supply a replacement in a reasonable time frame. Then explain that the bike is your only form of transport and you're keeping a record of all the bus/train/taxi fares you've had to pay as a result of their messing about. Then threaten legal action to get it back, along with a new frame.
    MTB/CX

    "As I said last time, it won't happen again."
  • supersonic
    supersonic Posts: 82,708
    i have been trying for the money of the frame and have been told they will only give the value of what it costs them to buy and not rrp of the frame,
    as replacement goes they will only offer me a proflex and proflex have no frames to sell untill end of march.

    i am thinking of contacting trading standerds over this matter but was hopeing to resulve this before it got to that

    Tricky one, as the RRP of after market frames is generally inflated. However I do believe that is what they owe you if they cannot replace it.
  • It has taken 3 months to get the first replacement and the frame they sent is from the skip and i dont deem this to be a reasonable time scale, now they want me to wait 2-3 months more ,
    does anybody think this is a matter for trading stands.
    the stress of this is mad and im at the stage that i want comp for all the trouble they are puting me through.

    i can not belive a company that works for insurence companys can be this bad should i also report them to nationwide inc group aswell
  • i would take the money of what it costs them but i would want a massive reduction of a new frame in comp (diff brand frame to proflex)

    I still think i might contact tradind stands over this i have just about had enough
  • supersonic
    supersonic Posts: 82,708
    Threaten them first with trading standards.
  • i will try them tomorrow and post there responce to let people know how im getting on.

    the only thing i can say on this matter is wheelies dont look good in this and i hope this will be a warning to anyone using them
  • many thanks supersonic and happy cycling
  • M1llh0use
    M1llh0use Posts: 863
    FWIW probably worth contacting trading standards to see exactly what you are legally entitled to so you've got the info before speaking to the bike shop again. Then mention that you've spoken to TS and you know your rights and if they do not comply to what TS say you are entited to them register a claim with small claims court.

    SCC is really simple and AFAIK you can do all you need to online, doesn't cost a great deal and you don't need solicitor/lawyer.
    {insert smartarse comment here}
  • Having dealt with Wheelies for the past two months for a replacement frame, this doesn't suprise me at all. I've never known such a shower of incompetent shite, to anyone thinking of buying anything from Wheelies Direct I'd have to say avoid them at all costs.

    I hope you get your frame sorted but if I were you, I'd try and get a refund and deal with someone else instead.
  • spoke to wheelies again today after speeking to con direct,

    wheelies said they need to talk with euro bike and euro bike needs to talk to proflex to sort the problem.............

    what a load of cod pooh.

    i got the bike from wheelies and wheelies should replace the frame with what they have in stock at that price and then CLAME THE MONEY BACK FROM THERE SUPLYER!!!!!!

    WHAT IS THE PROBLEM WITH THE MONGS

    looks like it could take even longer to sort out and after near 4 months this is now becoming a poxy JOKE!!!!
    If it was a lbs it would have been sorted in a week or so depending on stock,
    the only advise i can give to anyone thinking of using wheelies is DONT!!

    why is this not simple, can anyone explane how this process works as its becoming a running joke and im not enjoying this at all
  • so.... trading standards? as advised... many times above..
  • scale20
    scale20 Posts: 1,300
    The trading standards line will get them moving.

    I had weeks of arguing with a certain British frame manufacturer and in the end it only got sorted when I dropped those 2 words in!
    Niner Air 9 Rigid
    Whyte 129S 29er.
  • trust me i have I have droped the words trading stands today and hope this will solve the problem.

    but what TS said was because the bike was paid for by the insurence company and not by me the 'contract of sale' is with them ,
    i have contacted the insurence company and trying to get them to talk with wheelies but this could take ages as TS said "you must put your demands to wheelies in a letter and send it recorded to them"

    how hard is it going to be to get a insurence company to put a letter to them and send it recorded (its not realy there problem and they are not going to care)

    so in basic TS is unwilling to help unless my insurence company makes the complant.

    why is this all so hard just to change a faulty item ,
  • colintrav
    colintrav Posts: 1,074
    supersonic wrote:
    Your contract of sale is with Wheelies, so push them to sort it quickly. If they have agreed that the frame was faulty they have a duty to replace it or refund you in a reasonable time.

    I would ask them to compensate you, hurry up, or you'll seek legal advice.

    If they cannot provide another proflex, then an alternative solution must be found.


    I think it would be best for all to have a section explaining in detail a persons rights on all aspects of faulty EQ etc

    As you could get a Lawyer whom specialises in field of work to help and provide and help with the content ...

    Or at best have people ask a number questions reguarding issues such as this and which would be posted later replied by a lawyer who has expertise in this field of work
  • supersonic
    supersonic Posts: 82,708
    Easy - Sale of Goods act 1974. Google it.
  • gosh..................................
    googled that , ummmmmm
    thats not a easy read.
    think i need some brains to explane that one ,

    clear simple instructions and conditions put into context that only can be understood by lawyers

    still thanks supersonic will read and try and use to my gain

    the hole point of me bringing this to bikeradar is to show how hard it is to sort problems (im shure im not the only one) when it come to defects with bike frames.
  • supersonic
    supersonic Posts: 82,708
    There are some clear and precise points that are easy to follow - I will copy and paste them later.

    It is usually easy to sort out - but this particular case is dragging.
  • yet again thanks supersonic
  • alfablue
    alfablue Posts: 8,497
    Change tack - it doesn't matter (to you) who the insurance company deal with providing they (the insurance company) meet their obligations to you. Make simple, clear demands of them, and if necessary use the small claims court (online). They do not have to use Wheelies or anyone else, they do have to deliver on the service they owe you as a customer.
  • geminidisco12345, you're definately not the only one. I'm still trying to get a replacement frame after nearly six months having being messed around by Trek and Wheelies, my insurance company on the other hand have been really helpful thoughout and it looks like I'll be settling for a cheque instead.

    Good luck with it anyway.
  • Wheelies have called again today,
    they are looking into what i want/ 140-150mm all mountian frame of a differnt brand to proflex seeing who has a frame im my size to get it to me asap.
    i have given them a list of frames i wpould like to see including,
    the spicey, cove hustler, meta 5.5 and anything els i could think of at the time (based on reviews on bike radar)

    im giving them 48 hours to come back to me and see if the new guy dealing with my problem can resulve this quicker.

    lets hope they come back with somthing nice for the trouble, and maybe it will be worth the wait and i will come up trumps,

    i will keep you posted.
  • cheers "er what" happy cycling

    looks like it was worth getting the insurence company involved as they seem to of given them a kick into gear
  • GHill
    GHill Posts: 2,402
    I'd be surprised if you got anywhere with trading standards. They provided a bike, which has problems. They offer to change the bike (which is good), but you only want a frame. I would imagine their obligation ends with offering to change the whole bike.

    Or am I missing something?
  • na, GHill you are missing it a bit.
    when the frame cracked they said they would send me a NEW frame, they did and this was also damaged and not new (so threrfore agreeing frame only replacement)
    they are now having to replace the replacement because of this,
    and where the trouble started as it was 3 months before i got the replacement that now is having to be replaced.

    the point being they replaced only the frame in the first place, the time it had taken to get me that replacement and the replacement being from a used and damaged bike.

    the agreement does not say old for old.

    thats the full story summed up short.