Where do I stand

gaanrowl
gaanrowl Posts: 326
edited October 2012 in Road general
Hi all I paid a decent deposit on a bike about a month ago, I then phone up a couple of week later and paid some more money off I was waiting for my cycle to work voucher. I phoned the shop this mornin to tell them I should have my voucher this week and I would phone on Friday to pay the balance. When I finished work I had a missed call phoned them back and they have sold my bike to some one else it was a 2012 model cube agree gtc sl. Anyone got any advice as to what I can demand as a replacement ie same spec or do I have to put up with a lower spec 2013 at the same discount
Thanks

Comments

  • I'd be onto my solicitors about breach of contract. Fundamentally they've had a deposit (which is an agreement) for a 2012 Agree GTC SL which they've ordered, recieved, and promptly sold to someone else.

    The least you can reasonably expect is the equivalent 2013 model for the same price.

    I'd also get Cube involved too - most big firms take brand image very seriously these days, and they should lean on the bike shop as well.
  • marz
    marz Posts: 130
    Unless you have a piece of paper or some sort of receipt for the bike you put your deposit on, you don't have much recourse.
    I'd demand all my money back and go look elsewhere.
  • navrig
    navrig Posts: 1,352
    Then name and shame.
  • ShutUpLegs
    ShutUpLegs Posts: 3,522
    I'd be onto my solicitors about breach of contract.


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  • gaanrowl
    gaanrowl Posts: 326
    hi all i have a email stating the bike and the deposit i have paid, i want to try and stick with them as they agreed to let me use a cyclescheme voucher on the discounted price. they offered me this years gtc sl straight off the bat with the same 15% discount but its no where near the same spec.

    links are so you can get an idea of specs.

    i have been offered the litening after a further phone call but i have asked for the wheels to be upgraded to the dt swiss RA2.0 as was on the 2012, this seems to be a sticking point they are going to phone me tomorrow.

    would you guys be happy with a better frame and lower group?

    http://www.bike-discount.de/shop/a55273 ... =GBP&cn=gb

    http://www.cube.eu/en/road/road-race/li ... r-hpc-pro/
  • gaanrowl wrote:

    would you guys be happy with a better frame and lower group?

    The question is really whether you'd be happy with it
  • gaanrowl
    gaanrowl Posts: 326
    @dynamicbrick originally i was looking at ultegra equipped bikes and i would have been more than happy but when youve `bought` a higher spec bike to go back down is a bit deflating, i suppose i just want to know where i stand and how hard i push, i have been already been told that they are under no obligation and can just refund me my deposit.
  • verylonglegs
    verylonglegs Posts: 4,023
    Isn't it a double hit, you've not only missed out on a bike you wanted but also been inconvenienced with a longer wait? I do business elsewhere tbh, they sound like they are more than happy to dick people around.
  • That'll be down to the particular deposit agreement - it should have a clause to the effect that they will provide an alternative or full refund if conditions (i.e. getting the bike) cannot be met. Hence my earlier comment. Despite the flippant owl picture, it's potentially a breach because the bike was available but once they'd got the bike they sold it to someone else. i.e. them not being able to meet the conditions of the agreement were entirely within their control. Although, it's odd that they told you they'd sold it - anyone with half a brain would have lied and said none available, wrong size frame, or damaged in transit or something.

    Anyway, what's the gig? Are Cube out of 2012 Agree GTCs? I know they sold out at launch as I tried buying one. But there's plenty of Cube dealers in country; as suggested previously, vote with your wallet.
  • gaanrowl
    gaanrowl Posts: 326
    Ye I feel like its a double hit. I can't get another 2012 in my size. The fact that they are letting me use the cycles heme voucher with the discount makes me want to resolve it. Ill be doing myself out of £400 if I go else where the manager said I shouldn't have been given it at that price using cycles heme, if it wasn't for that I d have happily gone elsewhere. Ill go with the breach of contract tomorrow see what happens. I did say to them to build me a bike of the same spec and I'd be happy.
  • If they'd done you a silly deal on a difficult to source bike like the Agree GTC then I can understand why they've sold it to someone else (presumably at RRP without the bother of cyclescheme) - still a shitty thing to do though.

    In that case I'd probably take the Litening SL instead - depends on the overall spec I suppose, although Cubes do seem to be excellent value for money compared to the other brands.

    Look on the bright side - our cyclescheme is Halfords only...
  • gaanrowl
    gaanrowl Posts: 326
    Ye I know what you mean it's prob a better bike in the long run but when you have your heart set on something it pisses you off
  • TakeTurns
    TakeTurns Posts: 1,075
    If you've paid a deposit, they must hold onto it for you. That bike technically no longer exists as 'stock' until you withdraw the deposit. Just because they couldn't contact you doesn't give them the right to sell it. Demand a replacement and a inner tube. If possible, complain to the head office.
  • I had something similar with On your Bike by London Bridge. Went in and put deposit down on a 2012 Trek 1.5, whilst I waited for my cyclescheme voucher to come through.
    I later got a call from the shop that the bike (last remaining one) had been damaged in their stores so the manager had agreed to let me have the 2013 model for the same price. It's fair to say I was happy with that. Whether it was damaged or not, frankly I don't care.
  • giant_man
    giant_man Posts: 6,878
    gaanrowl wrote:
    Ye I know what you mean it's prob a better bike in the long run but when you have your heart set on something it pisses you off
    Then why on earth don't you get deposit your money back and go somewhere else? I know I would, they've hardly treated you very fairly. They sound like a right bunch of w@nkers. And please, name and shame if you don't go ahead with them. Let's face it, you could buy a bike from anywhere, online or any one of the many LBS out there who would treat you better.
  • I think the OP has his heart set on a 2012 Agree GTC SL - which were tricky to get when they came out, but must be hen's teeth now the 2013 range is on sale.
  • gaanrowl
    gaanrowl Posts: 326
    hi guys, the crazy deal im being offered has stopped me walking away, after a phone call this morning they have agreed to give me the 2013 litening for the same money, after sleeping on it im alot happier than i was last night. im getting a £2400 bike for £1900 and they are accepting a cyclescheme voucher as part payment. thanks again for your replys.
  • Joeblack
    Joeblack Posts: 829
    Why are CUBE bike so much cheaper than anything else? I really don't get it? How are they doing this?
    One plays football, tennis or golf, one does not play at cycling
  • Joeblack wrote:
    Why are CUBE bike so much cheaper than anything else? I really don't get it? How are they doing this?

    I read it was to do with production in the Far East - I know pretty much all the other brands have their frames made in the Far East but I read something about cube frames and there is something about their production that allows them to be sold at a cheaper price
  • drlodge
    drlodge Posts: 4,826
    Short answer - the shop are in breach of contract so ask for your deposit back and then start over, suggest with a different shop.
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