Consumer Rights Act
Discussion
Bought an ebike for SWMBO May last year and have a problem with the battery, it won't switch on. Took the bike + battery back to the supplier and he slid out the battery, checked it on the switch on the battery and said it's dead. Then went on to claim that "everyone knows Lithium batteries need charging every 28 days" and it's "failed because I'd abused it". I reckon as a guess I've used/charged it 3 or 4 times in the 14 months I've owned it and this "charge it every month" malarkey is news for me. He then went on to say that since it's out of warranty I'll have to buy a new one. Asked him to show me where their instructions say this about the battery and he just said, "it's not in there because everybody knows it". This is after 14 months of ownership - I won't say use because it's been used very lightly. I pointed out that IMHO for it to fail in such a short time indicates it's not of merchantable quality under the Sale of Goods Act/ Consumer Rights Act but he insists their terms of warranty (1 year) take precedence
He's kept the bike and battery, says he'll open the battery and "see if it's anything easily fixed like a broken wire" and let me know by Friday but I'm pretty sure he's going to try to charge me for a new one.
I'm quite prepared to pay for the battery in order to get my bike back, then take them to the Small Claims court after the event since I'm sure they're wrong. If I do this, is that prejudicing my rights to recourse? It's summer and I want to use the bike now, not in say December when any court case is likely to be decided.
Anyone any thoughts or advice or able to give chapter and verse of what is or isn't acceptable please?
He's kept the bike and battery, says he'll open the battery and "see if it's anything easily fixed like a broken wire" and let me know by Friday but I'm pretty sure he's going to try to charge me for a new one.
I'm quite prepared to pay for the battery in order to get my bike back, then take them to the Small Claims court after the event since I'm sure they're wrong. If I do this, is that prejudicing my rights to recourse? It's summer and I want to use the bike now, not in say December when any court case is likely to be decided.
Anyone any thoughts or advice or able to give chapter and verse of what is or isn't acceptable please?
The person repairing the bike is correct and Lithium batteries are ideally stored at about 40% charged and need "topped up" every other month usually.
If the battery goes below a certain voltage, then it's not possible to charge it again due to the type of battery it is.
Most people who run RC cars, drones and E bikes generally know this as it's common knowledge in the online communities and people usually come across the information when doing their research prior to buying.
But i couldn't comment in if you'd have a case against them for not advising of this, or for the battery not lasting a "reasonable amount of time"
If the battery goes below a certain voltage, then it's not possible to charge it again due to the type of battery it is.
Most people who run RC cars, drones and E bikes generally know this as it's common knowledge in the online communities and people usually come across the information when doing their research prior to buying.
But i couldn't comment in if you'd have a case against them for not advising of this, or for the battery not lasting a "reasonable amount of time"
Meatballs, I fully agree. There's nothing in the manual and, more importantly no word of this on the seven pages of small print in their T's&C's on their website. They sell loads of other electric stuff - mobility scooters, golf carts etc, but nowhere do they mention this "charge the battery every 28 days". Just wonder whether it's just a ploy to sell me a new battery
Quite happy to take this to the Small Claims courts but interested to know what my rights are. In the past I'd have fallen back on the good old Sale of |Goods act, but not sure how the updated Consumer Goods Act relates.
Anyone any advice?
Quite happy to take this to the Small Claims courts but interested to know what my rights are. In the past I'd have fallen back on the good old Sale of |Goods act, but not sure how the updated Consumer Goods Act relates.
Anyone any advice?
Practical advice here, not legal, not a lawyer, etc.
Screenshot the manual, the website, the Ts and Cs, etc. as proof that there are no instructions on topping up the battery - companies can change websites at the drop of a hat so get contemporaneous proof that you're correct and they're not.
Give Citizens' Advice a call and see what they say - if nowhere does it tell you something that you have to do to keep the product working, you haven't done this and it's stopped working, Trading Standards should take a very dim view and be on your side.
Don't let him keep the bike past tomorrow if he's not doing something that you fully agree with i.e. he's going to fix it for x price and it'll take y days and you have this agreed in writing.
Good luck.
Screenshot the manual, the website, the Ts and Cs, etc. as proof that there are no instructions on topping up the battery - companies can change websites at the drop of a hat so get contemporaneous proof that you're correct and they're not.
Give Citizens' Advice a call and see what they say - if nowhere does it tell you something that you have to do to keep the product working, you haven't done this and it's stopped working, Trading Standards should take a very dim view and be on your side.
Don't let him keep the bike past tomorrow if he's not doing something that you fully agree with i.e. he's going to fix it for x price and it'll take y days and you have this agreed in writing.
Good luck.
I suppose this is a similar situation to people being sold diesels on the grounds of excellent fuel consumption but getting no advice that just using the car for short journeys will clog the DPF up quickly. There seems to be no recourse to dealers in that case either.
I have an e-bike and battery care information has to be dug out from the Bosch website rather than stuck prominently on the battery which you'd think would be sensible.
I have an e-bike and battery care information has to be dug out from the Bosch website rather than stuck prominently on the battery which you'd think would be sensible.
The consumer rights act 2015 is the worst piece of legislation I have ever read (and I have read lots). It is virtually impossible to decipher.
It needs to be scrapped and rewritten.
The sale of goods acts were far clearer.
One can tell when reading it that there has been considerable presure from the trader to regain control over sales legislation,it is now very complicated.
This is an example supposed to make clear which part of the old SOGA is still in force!
It needs to be scrapped and rewritten.
The sale of goods acts were far clearer.
One can tell when reading it that there has been considerable presure from the trader to regain control over sales legislation,it is now very complicated.
This is an example supposed to make clear which part of the old SOGA is still in force!
For a consumer you will always use the CRA
For business to business you will use the 'old law' as in that table
As the product is over a year old
- you need to shwo its faulty
- that fault was there at time of sale
if you can do that you are entitled to one of the 4 R's
repair
replacement
if neither of above is doable in reason time for you or at a reasonable cost to trader than you can have
partial refund
full refund
fundametally though you need to prove the battery is faulty in order to get a remedy (and win your case in court if it goes that far)
it sounds like it will come down to arguments liek useage instructions and whether they were available/followed.
For business to business you will use the 'old law' as in that table
As the product is over a year old
- you need to shwo its faulty
- that fault was there at time of sale
if you can do that you are entitled to one of the 4 R's
repair
replacement
if neither of above is doable in reason time for you or at a reasonable cost to trader than you can have
partial refund
full refund
fundametally though you need to prove the battery is faulty in order to get a remedy (and win your case in court if it goes that far)
it sounds like it will come down to arguments liek useage instructions and whether they were available/followed.
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