hi there newbie member hope i am doing this right:?:

i would like some advice please what to do in the following situation i find myself in.

i purchased a scooter on behalf of my son who saved up for ages to buy this.

the scooter was delivered last tues 07.08.18. i signed for goods unchecked as the box was enormous and contained a steel crate so i could not check goods there and then.

my husband and son checked the package within 2 hours of delivery and found it to be damaged !

i notified the company immediately that evening by email and inc pics. only to be told because i didn't sign for it damaged i have no leg to stand on

i have been emailing back and forth with the help of citizens advice but to no avail as they have just issued a no further contact email.

citizens advice have said small claims court but i have no idea how this works or how much it costs ?

many thanks

Hello and welcome to CAG. I'm sorry you haven't had any replies yet, people should be along to advise over the course of the day.

We can certainly help you with a small claim. Could you tell us what the damage to the scooter is please?

You might also like to do a search of CAG for Direct Bikes, we've had queries about them in the past.

Here's a link to CAG's guide to small claims.

https://www.consumeractiongroup.co.uk/forum/showthread.php?394131-Small-Claims-actions-in-the-County-Court-FAQ-work-in-progress

You might find this thread interesting, SS. There are others.

https://www.consumeractiongroup.co.uk/forum/showthread.php?446925-Another-Direct-Bikes-Problem.-MCOL-issued&highlight=direct+bikes

HB

hi thank you for replying,

the scooter looks as though it has been dropped in transit as the handlebar has gone into the side of the casing where the instrument panel is and the footwell panel is also damaged, we have not taken the goods fully out of packaging as i wasn't sure where i stood legally so it is still partially wrapped and in its crate.

I have been looking at the threads for this company and how i wish i had looked earlier.

i wonder also if i should go down the claim back option with visa debit

i have spoken to them but they cannot process the claim whilst goods are in my possession and i should return it at my cost, and i am unsure as to whether they would deny all knowledge that they received the bike ? and then dispute and end up with my money too ?,

they keep using their clause to say that because i never signed for the goods damaged i havent got a claim with them ?

Many thanks

Thank you for the extra information, I'm sure people will be along later. I've also flagged your thread for the site team.

HB

Oh fantastic thank you so much Honey bee

Hi and welcome to CAG

Whilst we do not hear much about Direct Bikes, when we do it is normally due to their very poor after sales service of which you are now aware.

You need to hold off on any court action for now until you have followed the Pre Action Protocols. Don't just jump in and make mistakes.

You are also likely to receive emails from Direct Bikes demanding this thread be removed. This is not going to happen as we don't remove honest posts.

Have a look around the net for reviews. There aren't that many but a lot do show the poor practice by this company. They are completely overriding you (as in your sons) Consumer rights. You are fully entitled to reject the bike and they must refund you.

make sure that you keep the bike in the crate or repack it the same way it arrived and take pictures of everything.

When dealing with Direct Bikes, email is OK but Signed For Delivery of a letter is much better as then they cannot deny receiving it.

Good luck. You may just need it.

EDIT: How did you pay for it?

Hi thank you silver fox what are the correct procedures that i should follow ?

I have a major failing. I am useless at court procedure however our resident guru (Andyorch) is very good so I will tag him.

Now, I think you have already put a post on TrustPilot and therefore you would have read some other sad tales.

During my checks on Direct Bikes it seems that there is two companies.

1 Direct Bikes Ltd

2 Direct Bikes Retail Limited. This one was incorporated this year (04/04/18) so be careful that when you do issue court proceedings to the correct company.

As far as I can recall, you should be sending Direct Bikes a Letter Before Action. (you have enough email correspondence to confirm you have tried to be reasonable) This MUST be sent Signed For. I would be giving them 14 days starting from the day after receipt and if they don't respond or still refuse to deal with you, file court papers.

The LBA should include what you want them to do which is a full refund and the bike picked up at their expense. No ifs, no buts.

For info

https://beta.companieshouse.gov.uk/company/11290231

https://beta.companieshouse.gov.uk/company/06746092

And this

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?406-Legal

might help you with form filling

Oh great thank you will get on to that i presume it will be direct bikes retail ltd as that is what i have on my paperwork ? i paid for it with my visa debit card i have spoken to visa dispute and they require me to send the goods back ? before they can take action ? would you say to take this route ? thank you

Getting Direct Bikes to pick up the crate will be like pulling teeth. You have rejected the bike haven't you? You have a duty of care to look after the crate until collected. It's a shame you used your debit card but that's life.

You could send the bike back at your expense but I doubt very much that DB will refund you that amount so I would be continuing with them collecting at their expense.

When an item is faulty, it is the seller who is responsible for return postage. If you had just changed your mind then you would have been responsible. Have a look at the Consumer Rights Act 2015

One very dry read here

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?440-The-Consumer-Rights-Act-2015

thank you so much for your advice will sort out letter before action now and send it off by recorded and also email.

Bought using Debt Card......Chargeback..... Reject under CRA 2015 as a Faulty Goods Claim..you have the right to a refund, repair or replacement.

Its irrelevant that the delivery was signed for unchecked.The Bike must be returned promptly preferably with insured cover and the retailer must reimburse the costs of this also.

hi ok great so go through the route of visa dispute has suggested and return the goods at my cost? kind regards

No ...not at your cost...see above...you must be reimbursed

ok so i send back ? then reclaim back from them through visa ?

i have requested they collect and refund on about 4 different occasions and they are not acknowledging this at all they just keep replying re t & c 12 clause,

under these t & c also state that they can reject the goods because it is damaged if returned to them ?

Yes and yes and no...you arrange return...signed for and insured...keep your receipts as proof.

Fab thank you so much will phone visa now

Do a charge back

Forget db's stupid t&c's they are designed to put you off .

hi thank you i am putting this in place fingers crossed

ok because there are several address linked to the company i was advised to ask for a return address they have come back with the following

saying they will not accept the goods back as my time to reject was at the time of delivery ?

Under the Consumer Rights Act you have 30 days to reject....write to them formally rejecting the product under the Consumer Rights Act. (I assume you already have by email )

yep have done that aghh not sure what to do now visa has advised me to send all correspondence to them and they will check it.

Was this bike purchase on line or from their store ?

You've MORE rights buying online (or by telephone/catalogue) due to the Consumer Contracts Regulations. These give a legal right of 14 days to cancel the order after receiving it, and a further 14 days to send most goods back for a full refund (including outward delivery costs), even if there's no fault.

hi it was online