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bike shop damaged bike advice

RiazRJRiazRJ Posts: 5
edited August 2011 in Workshop
Hi All

My Wife took her bike to a local bike shop the other week to get it serviced and the headset bearings replaced. In the process of replacing the bearings the bike shop has cracked the carbon frame on the front of the head tube

The bike shop owner said he would replace the frame but so far 6 weeks have passed and we haven't seen anything from him. Every time we call to find out what the latest is he tells us he's waiting for his insurance company to come back to him

We came to a bit of a head on the last call as I said that his claim to his insurance company is between him and the insurance company, and I expected him to purchase a new frame to replace the one he's broken. His come back was that as a small business he didn't have the money to buy a new frame out of his own pocket

Can anyone tell me what my position is as thinking the only way I'm going to get the frame replaced is by buying one myself and trying to get the money back through the small claims court...!

My wife is doing an Ironman in 5 weeks time and so doesn't really need this stress on top of her training. Two different bike shops/mechanics have given contradicting advice on the safety of the frame to ride on. Really not sure what to do next?

Any helpful suggestions would be greatly appreciated

Posts

  • Slow DowncpSlow Downcp Posts: 3,041
    You don't need to buy a frame first ti pur a claim in through the small claims court - I'd just file the papers and see what happens
    Carlsberg don't make cycle clothing, but if they did it would probably still not be as good as Assos
  • flappy8flappy8 Posts: 171
    You are correct to say that the contract is between you and the bike shop, not his insurance company. Write to him, to him setting out the issue and give him x days to rectify the situation, or you will go to the small claims court. If you have not written to him it may be harder to claim from him at a later date.

    X days has to be reasonable. Given the circumstances I would give them 7 days, although I might have though that for him (or you) getting a replacement frame withing 7 days may be hard
    MTB or Road - They are both good!
  • cyberknightcyberknight Posts: 1,238
    RiazRJ wrote:
    Hi All



    We came to a bit of a head on the last call as I said that his claim to his insurance company is between him and the insurance company, and I expected him to purchase a new frame to replace the one he's broken. His come back was that as a small business he didn't have the money to buy a new frame out of his own pocket

    How many bikes and parts has they guy got in the shops ? if you add it up i bet it comes to a lot more than the cost of a carbon frame, he is giving you the run around , small claims court and trading standards would be my advice.

    He might have insurance to cover him for this sort of thing but that is not your problem as your claim is against him not his insurers.

    As for the safety of the frame it is recommended that if you have a crash and crack your forks you should replace them and i should think any such damage to a frame would be the same as on the outside it might not look to bad but it is the delamination of fibres internally that could cause a catastrophic failure under load.
    Carbon fibre can be repaired but this normally involves wrapping more carbon fibre around the frame.

    here..
    http://www.carboncyclerepairs.co.uk/index.html
    Is it as strong as before?

    All repairs can never get a part back to factory specification exactly as you've already broken the fibres,but a repair is as good as can be in that all Carbon componants are made of over lapped layers held together only by the epoxy within the carbon weave,so your bike is basicly held together by resin and adhesive which are the tools we use in repairing your Carbon pride and joy

    in and adhesive which are the tools we use in repairing your Carbon pride and joy
    FCN 3/5/9
  • markos1963markos1963 Posts: 3,724
    Just be careful about rushing into court. The retailler has agreed he was at fault and has said he was going to rectify the situation. You need to give him reasonable time to replace the frame, how reasonable has to be tested, if the size, colour or make of frame is scarce then you have to give him time to source one for you. A court may take his side and say he has been reasonable given the nature of the product.
  • cyberknightcyberknight Posts: 1,238
    Yes i would agree but 6 weeks and and nothing has happened at all is too long.

    Maybe contact the government consumer helpline and look at their advice , they even do mediation.
    http://www.direct.gov.uk/en/Governmentc ... /DG_195155
    FCN 3/5/9
  • giant_mangiant_man Posts: 6,878
    That's just not fair, shocking service from an LBS imo ... hope you get something sorted for your mrs, struth, an Ironman in five weeks .... good luck
  • markos1963markos1963 Posts: 3,724
    Yes i would agree but 6 weeks and and nothing has happened at all is too long.

    Maybe contact the government consumer helpline and look at their advice , they even do mediation.
    http://www.direct.gov.uk/en/Governmentc ... /DG_195155

    6 weeks sounds a long time but there are plenty of posts on here about people waiting months for their new bike to arrive.
    Totally agree it's a poor situation and I wouldn't be happy either. I'm not taking the shops side by the way just erring on caution before rushing into legal action. It's very easy for people on this forum to advise all sorts of stuff it's not them though who have to suffer the consequences if it goes wrong. If it all goes wrong in court the OP will have no redress at all then.
  • ascurrellascurrell Posts: 1,739
    Do you have anything in writing to say that it is the shops fault ?
    If you haven't be careful about coming to a head with the guy, if you get his back up he may try and wriggle out of it.

    Don't know what make frame yours is or whether it was purchase at that bike shop, if it's an old model may be difficult to find. a replacement, as the other guy said size, colour etc.

    I really am no expert but am just giving my thoughts, regarding the Insurance has he been advised by them not to pay out straight away. Again have you seen any proof that he is even in contact with the insurance company. Whos got the frame now, has the Insurance company seen the frame or contacted you [if you have the frame] for proof that the problem has occured?

    It would be good to hear on hear what the guy himself says about it all.

    I personally I would want / prefer cash to the correct value, then look for a good 2nd hand replacement, probably do the work myself rather than use your LBS.
  • RiazRJRiazRJ Posts: 5
    Thanks for all the replies

    We've spoken with Citizens advice as well so hopefully we'll get it sorted out sooner rather then later

    Personally, everyone is entitled to make a mistake, however its how you deal with the mistake that makes the difference.
  • jonnym5jonnym5 Posts: 76
    RiazRJ wrote:
    Thanks for all the replies

    We've spoken with Citizens advice as well so hopefully we'll get it sorted out sooner rather then later

    Personally, everyone is entitled to make a mistake, however its how you deal with the mistake that makes the difference.

    Exactly this! When planes stop dropping out the sky I'll stop making mistakes. As you say it's how you deal with them.

    Just how has he managed to crack it though? I'm assuming it's gonna have an integrated headset so you're not exactly hitting it with any amount of force.

    I've had a guy that rides for us in with a rough headset that was so rough the pressed in insert to his head tube had came loose and fell out....wtf. He rode all through winter in snow and everything like an idiot.
  • garnettgarnett Posts: 196
    ascurrell wrote:
    Do you have anything in writing to say that it is the shops fault ?
    If you haven't be careful about coming to a head with the guy, if you get his back up he may try and wriggle out of it.

    Don't know what make frame yours is or whether it was purchase at that bike shop, if it's an old model may be difficult to find. a replacement, as the other guy said size, colour etc.

    I really am no expert but am just giving my thoughts, regarding the Insurance has he been advised by them not to pay out straight away. Again have you seen any proof that he is even in contact with the insurance company. Whos got the frame now, has the Insurance company seen the frame or contacted you [if you have the frame] for proof that the problem has occured?
    ^^^This^^^

    Legal proceedings tend to bring matters to a head whereupon people's attitudes can change.

    If you've not got a great case (ie, hard copy evidence of what you've described) I'd be wary of jumping into litigation.
  • SquarepantsSquarepants Posts: 1,019
    This may help

    http://www.aalegaldocuments.co.uk/aa/in ... site=76076

    Appears to be legally recognised documents that will hold up in court.
    Cube Hanzz Pro FR
    It's not that I'm over over biked, my bike is under personed...
  • ademortademort Posts: 1,924
    Just wondered where do you live and what frame does your Wife own. Have you tried to source a frame yourself in the area where you live.
    Ademort
    ademort
    Chinarello, record and Mavic Cosmic Sl
    Gazelle Vuelta , veloce
    Giant Defy 4
    Mirage Columbus SL
    Batavus Ventura
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