Consumer Rights

Ned Logan said:

Teh shop claims that as it was an old wheel it was not their fault, they will not replace it with
a like-for-like, they want to offer me a much cheaper alternative.

What are my options?

Step 1, I'd think, is your local Citizen's Advice Bureau, who should be able to outline
possible steps.

Pete.
--
Peter Clinch University of Dundee Tel 44 1382 660111 ext. 33637 Medical Physics, Ninewells Hospital
Fax 44 1382 640177 Dundee DD1 9SY Scotland UK net [email hidden]
dundee.ac.uk~pjclinchOpen ↗

I would always recommend using the Trading Standards in situations like this. The CAB do not always
have a full grasp of the law and what a retailer *has* to do, they often give strange advice.

You can find their address in your local yellow pages. If they deny that they caused the fault, get
a second opinion.

Regards,

Andrew

I think the problem is not the 13 miles but the 12,000. Restressing the hub may well have caused the
failure, but it was the hub not the spokes that failed. Sad as it is I don't think you have a leg to
stand on (or wheel to sit on.) Talk to shop and discuss investing in a new wheel. Agreement always
preoduces a better result than conflict.

"Ned Logan" <[email hidden]> wrote in message "]news:[email hidden]...

Quoted message said:

Hi,

Can anyone help:

I had my rear wheel fully re-spoked (under the advice from my local shop).

When I got the wheel back it collapsed after only 13 miles, the hub broke.

I had previously done about 12000 miles on the wheel before this, with no problems except breaking
a spoke 3 times.

Teh shop claims that as it was an old wheel it was not their fault, they will not replace it with
a like-for-like, they want to offer me a much cheaper alternative.

What are my options?

Regards,

Ned

I'd tend to agree with this - it was your old hub that failed, not really their fault. Maybe they
should have advised that there might be a problem but it looks like you've just been unlucky. I'd
like to think that the shop would offer you a discount on a new hub or possibly offer to do the
second build for free as a gesture of goodwill - the implication of your post is that they're
prepared to do something, just not give you a brand new hub to replace one that's done 12,000miles
which seems entirely reasonable.

Unless you can somehow prove (on the balance of probability) that it was a faulty build that caused
the hub to fail you're going to get nowhere adopting a confrontational approach.

Russ

"Paul Ayck" <[email hidden]> wrote in message
"]news:[email hidden]...

Quoted message said:

I think the problem is not the 13 miles but the 12,000. Restressing the

hub

Quoted message said:

may well have caused the failure, but it was the hub not the spokes that failed. Sad as it is I
don't think you have a leg to stand on (or wheel to sit on.) Talk to shop and discuss investing in
a new wheel. Agreement

always

Quoted message said:

preoduces a better result than conflict.

"Ned Logan" <[email hidden]> wrote in message "]news:[email hidden]...

Quoted message said:

Hi,

Can anyone help:

I had my rear wheel fully re-spoked (under the advice from my local

shop).

Quoted message said:

Quoted message said:

When I got the wheel back it collapsed after only 13 miles, the hub

broke.

Quoted message said:

Quoted message said:

I had previously done about 12000 miles on the wheel before this, with

no

Quoted message said:

Quoted message said:

problems except breaking a spoke 3 times.

Teh shop claims that as it was an old wheel it was not their fault, they will not replace it
with a like-for-like, they want to offer me a much cheaper alternative.

What are my options?

Regards,

Ned

raptorman said:

I'd tend to agree with this - it was your old hub that failed, not really their fault. Maybe they
should have advised that there might be a problem but it looks like you've just been unlucky. I'd
like to think that the shop would offer you a discount on a new hub or possibly offer to do the
second build for free as a gesture of goodwill - the implication of your post is that they're
prepared to do something, just not give you a brand new hub to replace one that's done 12,000miles
which seems entirely reasonable.

Unless you can somehow prove (on the balance of probability) that it was a faulty build that
caused the hub to fail you're going to get nowhere adopting a confrontational approach.

If the hub was rebuilt so that the spokes do _not_ lie in the indentaions made by the previous
spokes then the shop has bogged up. If the spokes lie in the indentations that it is probably the
higher tension of the newly built wheel that caused the break. Hub strength is not normally a limit
on spoke tension so it suggest the hub was on the way out.

--
Andy Morris

AndyAtJinkasDotFreeserve.Co.UK

Love this: Put an end to Outlook Express's messy quotes
home.in.tum.deoe quotefixOpen ↗

"AndyMorris" <[email hidden]> wrote in message news:<[email hidden]>...

Quoted message said:

If the hub was rebuilt so that the spokes do _not_ lie in the indentaions made by the previous
spokes then the shop has bogged up. If the spokes lie in the indentations that it is probably the
higher tension of the newly built wheel that caused the break. Hub strength is not normally a
limit on spoke tension so it suggest the hub was on the way out.

I'll second that. Have a close-up look at the hub. OTOH if the shop did respoke the wheel the wrong
way, they are unlikely to accept the word of a mere customer that they shouldn't have done!

James

If the bike shop let something out of the shop - that was dangerous - you may be entitled to a lot
more than your money back.

Get on claims direct unless they play ball

Pete.

"Ned Logan" <[email hidden]> wrote in message "]news:[email hidden]...

Quoted message said:

Hi,

Can anyone help:

I had my rear wheel fully re-spoked (under the advice from my local shop).

When I got the wheel back it collapsed after only 13 miles, the hub broke.

I had previously done about 12000 miles on the wheel before this, with no problems except breaking
a spoke 3 times.

Teh shop claims that as it was an old wheel it was not their fault, they will not replace it with
a like-for-like, they want to offer me a much cheaper alternative.

What are my options?

Regards,

Ned

Following on from Peter Rollason's message. . .

Quoted message said:

If the bike shop let something out of the shop - that was dangerous - you may be entitled to a lot
more than your money back.

Get on claims direct unless they play ball

This is utter rubbish.
--
PETER FOX Not the same since the e-commerce business came to a . 2 Tees Close, Witham, Essex.
[email hidden] Gravity beer in Essex <eminent.demon.co.ukeminent.demon.co.ukOpen ↗

Peter Fox said:

Following on from Peter Rollason's message. . .

Quoted message said:

If the bike shop let something out of the shop - that was dangerous
- you may be entitled to a lot more than your money back.

Get on claims direct unless they play ball

This is utter rubbish.

Why?
--
Michael MacClancy

Michael MacClancy said:

Quoted message said:

Quoted message said:

Get on claims direct unless they play ball

This is utter rubbish.

Why?

Because they are ambulance-chasing crooks. Their fees are disproportionately high, which is why they
can afford to pay for saturation TV advertising. And I wouldn't touch them with a barge pole anyway
simply because their adverts are sooooo bad :-)

Far better to get a fixed-fee consultation with a real solicitor, have a realistic appraisal of the
case, and then proceed probably through the small claims court.

Actually in this case it's almost certainly the case that you would be better off negotiating with
the shop to rebuild the wheel if you buy a new hub, unless injury has resulted. They should have
advised a new hub at the time, if it was looking ropey. If in doubt talk to the owner. And if he
won't play, then and only then consult a solictor or the CAB.

Just my £0.02

Guy
===
** WARNING ** This posting may contain traces of irony. chapmancentral.comchapmancentral.comOpen ↗ (BT ADSL and
dynamic DNS permitting)
NOTE: BT Openworld have now blocked port 25 (without notice), so old mail addresses may no longer
work. Apologies.

Following on from Michael MacClancy's message. . .

Quoted message said:

Peter Fox said:

Following on from Peter Rollason's message. . .

Quoted message said:

If the bike shop let something out of the shop - that was dangerous
- you may be entitled to a lot more than your money back.

Get on claims direct unless they play ball

This is utter rubbish.

Why?

Because you can only sue for damage. Actual damage.

The dangerousness may be a tort and entitle you to have nothing more to do with them, get a fix
and charge the cost as damages but this is the UK where hypothetical injury isn't countenanced in
civil matters.

[Tort isn't my strong point so I may have got that bit wrong.]
--
PETER FOX Not the same since the bottom fell out of the bucket business

Quoted message said:

[Tort isn't my strong point so I may have got that bit wrong.]

Tort - duty of care to others. Donahue v. Stebenson .... 1947??? Snail in a bottle case ... what
every law student has to remember 🙂

Cheers, helen s

~~~~~~~~~~
Flush out that intestinal parasite and/or the waste product before sending a reply!

Any speeliong mistake$ aR the resiult of my cats sitting on the keyboaRRRDdd
~~~~~~~~~~

(wafflycathcsdirtycatlitter) said:

Tort - Snail in a bottle case ...

That's got to be worth a bit of elaboration.

Regards,

John

Quoted message said:

Tort - duty of care to others. Donahue v. Stebenson .... 1947??? Snail in a bottle case ... what
every law student has to remember 🙂

Cheers, helen s

Torts are lighter than paving slabs 🙂

In article <[email hidden]>, one of infinite monkeys at the keyboard of

(wafflycathcsdirtycatlitter) said:

Tort - duty of care to others. Donahue v. Stebenson .... 1947??? Snail in a bottle case ... what
every law student has to remember 🙂

Ugh. Who tort you that?

--
Wear your paunch with pride!

wafflycathcsdirtycatlitter said:

Quoted message said:

[Tort isn't my strong point so I may have got that bit wrong.]

Tort - duty of care to others. Donahue v. Stebenson .... 1947??? Snail in a bottle case ... what
every law student has to remember 🙂

Sainsburys do a rather nice lemon one, but the chocolate one is a bit heavy.

--
Andy Morris

AndyAtJinkasDotFreeserve.Co.UK

Love this: Put an end to Outlook Express's messy quotes
home.in.tum.deoe quotefixOpen ↗

"wafflycathcsdirtycatlitter" <[email hidden]> wrote in message
"]news:[email hidden]...

Quoted message said:

Quoted message said:

[Tort isn't my strong point so I may have got that bit wrong.]

Tort - duty of care to others. Donahue v. Stebenson .... 1947??? Snail in

a

Quoted message said:

bottle case ... what every law student has to remember 🙂

Cheers, helen s

~~~~~~~~~~
Flush out that intestinal parasite and/or the waste product before sending

a

Quoted message said:

reply!

Any speeliong mistake$ aR the resiult of my cats sitting on the

keyboaRRRDdd

Quoted message said:

~~~~~~~~~~

Donoghue V Stevenson (1932) A.C. 562.

"Peter Fox" <[email hidden]> wrote in message "]news:[email hidden]...

Quoted message said:

Following on from Michael MacClancy's message. . .

Quoted message said:

Peter Fox said:

Following on from Peter Rollason's message. . .
> If the bike shop let something out of the shop - that was dangerous
> - you may be entitled to a lot more than your money back.
>
> Get on claims direct unless they play ball
This is utter rubbish.

Why?

Because you can only sue for damage. Actual damage.

The dangerousness may be a tort and entitle you to have nothing more to do with them, get a fix
and charge the cost as damages but this is the UK where hypothetical injury isn't countenanced in
civil matters.

[Tort isn't my strong point so I may have got that bit wrong.]
--
PETER FOX Not the same since the bottom fell out of the bucket business

No, you are correct. There is no tort action available where a product is defective and doesn't
cause physical harm, however contract law provides remedies for this.