Thread: Some advice regarding a bike sale please

In may i paid £2900.00 for a new bike. on aug 10 last month the back brake failed causing me to come off the bike and resulting in damage to the bike all down the left side.

I took the bike back to the dealer who twice told me that there was nothing wrong with the bike and handed me the bike back stating he had bled the brakes and that they were now fine, that i was being paranoid.

i took the complaint up with the bike manufacturers as there is a 2 year warranty on the parts, they sent some one down who stripped the bike. as of yet i have still not seen the report.

i was given the bike back again only this time i discovered that the brake was now leaking brake fluid and could not be ridden at all. since then (3 weeks ago) the bike as been sitting in the garage of the dealer awaiting a new part to be sent.

I called the garage today to ask what was going on and was told that he is still chasing up the part.

the bike is four months old max. am i in my rights to ask for a new bike or at the very least be demanding the damage is fixed.?

just off he phone to the dealer explaining that i will be quite possibly seeking a refund. the part has just arrived and my bike will be ready friday.

should i even bother taking this bike back?

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What caused the brake failure?

The issue you have here is that generally the brakes are consumable parts. It 100% depends on what part failed IMO.

according to the dealer there was nothing wrong with the brake. until that is the manufacturers inspector had stripped them looking for a fault, at which time "a spec of dust" could have gotten into the piston and caused the leak.

it is fair to say there was not a visible leak until they had inspected the brake.. i accept they are consumable parts and they were checked for overuse. apparently nothing was found.

I have yet to see the official report from the manufacturers inspection despite it being over a month ago.

I was insistant there was a problem with this brake and even after they had inspected it twice and found nothing it still was not stopping as expected. it was ONLY after the inspectors came and stripped it it developed the leak.

ps the dealer ordered a whole new caliper (this was ok'd by warranty parts)

i suspect that the piston was faulty in the caliper which of course affected my braking ability and it wasnt until they stripped it down that it got worse. my point being if they admit there is a problem should they then be liable to fix the damage ?

this would appear to be a case of SOGA, unfit for purpose. After this timescale, you could potentially rescind the contract, but you would not get a full refund as the value of the usage you have had from the bike would be deducted.

They are certainly liable to fix the brake issue(if shown to be a manufacturers fault by the manufacturers report), and I would have thought the damage caused by this issue also.

I dont think you can do anything until you have seen the manufacturers report....

Im sorry, this is getting a bit confusing.

For ABSOLUTE CLARIFICATION, have the manufacturer accepted that the brake failure is a manufacturers fault.