Jump to content


  • Tweets

  • Posts

    • If you are flying away tomorrow (or rather this) morning I'd just forget about complaining to the police now.  As BF said earlier it's probably just a waste of your time anyway so I wouldn't worry about it.  Forget it for now.  Have a safe flight and concentrate on your other thread against Aviva.
    • I'm afraid you won't get a complaint drafted before tomorrow morning - and I think most others here think it would be a waste of time anyway and that the police decision won't change.  I would ask for a review and make a complaint on principle, but I suspect you are better off concentrating your effort on your other thread and direct complaint against Aviva.   Unless you are out of the country for an extended period I'd wait until your return before considering futrther whwther to complain about the police.   [ By the way, just so that you don't mislead yourself as it's a mistake many people make, ALL agreements are "verbal" in that they are composed of words.  Some agreements are in writing and others are oral, spoken or vocal.  The law recognises oral or spoken agreements just as much as ones that are written down.  The only practical difference is that oral agreements can be difficult to prove in a dispute]
    • Just to add there is a scheme called the Victim's Right to Review.  It basically applies to decisions made by the CPS not to go ahead with a prosecution.  It doesn't apply to decisions made by local police forces, but it does say:   19.  Decisions that are not eligible for VRR include: ... iii where the police or other investigator exercises their independent discretion not to investigate or not to investigate a case further (whether in consultation with the CPS or not) and the CPS have not been requested / have been unable to make a final decision to charge. Requests for review of such decisions should instead be addressed to the relevant police force/other investigator; [My bold] Victims' Right to Review Scheme | The Crown Prosecution Service WWW.CPS.GOV.UK   I'm not familiar with the scheme so can't advise - but other posters here may know about it or have experience of it.  You need to read the above link but note that it talks about things that seem to fit your situation.   eg a victim is defined as ‘a person who has made an allegation that they have suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by criminal conduct’.   If you have not already requested that the police review their decision not to pass the case onto the CPS, then I would do so.  If you are not happy with the outcome of that, complain.   I can't advise you definitely to go ahead and ask for a review or complain, but if I were in your situation that is what I would do.  But I tend to agree with BankFodder that you'll get nowhere and, if you are sick and tired of all this and just want it to go away, then just drop the police.  However, if you don't try...   [Apologies for the italic typeface/font - it's the above link causing it.  The italics should have stopped at the end of the third para above ending ' ... criminal conduct'.  I can't change it.  Very annoying]
    • @Manxman in exile I eloped to get with my husband si my husband and siblings never sat together in the same room .   Hes claiming a verbal agreement was made but a verbal agreement doesn't hold any water in the eyes of the law..no agreement was made I was in Leeds with my toddler.    He has made use of the policy , had the luxury of the insurance and reversed the money back and now Aviva are coming after me.   You've summed it up well is there anyone in the group that can help me draft the complaint to the police as I'm flying out first thing tomorrow and my head is all over the place.   My husband me Mr z , my late father and eldest brother were at this meeting supposedly when the verbal agreement was made but yet the officer took a statement off the eldest brother and didn't take it off the husband and based the final decision on the eldest brothers statement and Mr Z and all other evidence which is in written form has been completely dismissed    I'm fighting it all alone coming from an Asian background I am getting taunts and salt is bring rubbed on my wounds its not been a pleasant experience yo say the least trying to prove my innocence and having to listen to the b******* being spouted out by everyone whilst Mr Z is walking away not guilty 
    • I would complain to the police - even if I thought it would go nowhere.  I can't see that you have anything to lose.   I can't tell you the grounds of your complaint because I don't know the details of everything that has happened (you know better than I do)  and because I've found much of the story too difficult to follow.     But - based on everything you have told us - it seems to me that your brother has clearly committed fraud by obtaining the benefit of an insurance policy by falsely misrepresenting that he was opening the policy on your behalf and also by falsely misrepresenting himself - or a third party - as being your husband.  If your brother could not have taken out that policy without making those misrepresentations, then he has committed fraud.  It doesn't matter whether the victim was Aviva or you  and it doesn't matter if the victim realises they've been defrauded or not - the police should investigate it properly.  In this case you are the ultimate victim of the fraud because Aviva are saying that you owe them for the premiums on the policy your brother fraudulently took out, so whether Aviva consider they were the victims of fraud or not is irrelevant - they don't care because you end up as the fall guy.  Point out that this may have ended in a civil dispute over a debt between you and Aviva, but that that debt directly arises as a result of your brother's fraud in claiming to be acting on your behalf and by impersonating your brother.   One of the reasons the police seem to have dropped this case (and this needs to be one of your main grounds of complaint I think) is that they have accepted without question your brother's statement that your husband was somehow involved or in some way agreed to your brother taking this policy out in your name, and the police have simply and uncritically accepted your brother's word on that without ever speaking to your husband, who would vigourously deny it.    (I can't make any better suggestion than that because, to be honest, I don't follow what has happened.  If you never authorised your brother to open this insurance policy at all then I don't understand why the police would place any importance at all on your husband being present at a meeting with your brother.  What did your husband's presence have to do with the insurance policy?  Even if he had been at such meeting (which you say he denies) then how could he authorise anything on your behalf?  None of it makes any sense to me and I can't see why the police would think it did.)   Challenge the police to explain to you why they believe there is insufficient evidence to pass this on to the CPS   I would follow the published complaints procedure of the police force in question and I would also send a copy to your local Police and Crime Commissioner.   I think the main problem here is that (despite what the nice woman PC may have suggested to you) the police have never considered you to be the victim.  You need to demonstrate to them via your complaint that you are the victim here.   One other question: is your husband and are your family supporting you through this, or are you going it alone?
  • Recommended Topics

  • Our picks

  • Recommended Topics

Halfords bike problem


arianna22
 Share

Recommended Posts

Hi last yr end of October I bought a bike for my son online from halfords. Costing £275 it came with missing bolts for starters. Due to winter and lockdown it was barely used until this yr.

Well spring comes and son who's 12 goes out on his bike wirh friends. Riding up the woods to top and down. Only a few times mind as the derailleur broke on it, I bought a new one had it replaced he goes out on it and chain snaps bought a new one ans derailleur snaps again within minutes. 

So contacted halfords who told me to take it in to have it checked. Told me alot was wrong with it new tyres even had to have a new back frame bit which that part was free . It cost me £125 for the repair and took 4 wks to fix. 

Well had bike back second time out on it and it was 3 wks after having it back derailleur broke again. Took it back to them and they said the same frame bit as snapped again aswell. 

Which to me is weird but also the fact they told me another bike was the with exact same problem. Also they can not get the part until 24th October . 3mths without his bike again. 

They also said not to do jumps which he doesn't do anyway. My son has asd and adhd although he's a pain he sticks to the roads and drives around the carpark locally with his friends or just pop to the shops on it ,thats all he does  . So what's my options here. £275 for a bike is a lot to me ,but the fact is that it keeps breaking ,its a carrera bike if that makes a difference. Thank you

Link to post
Share on other sites

For your benefit and for anybody else who comes here – you have been with this form since 2012 and so you would have helped yourself a lot if you had reacted more quickly and come here immediately as soon as you found that parts were missing.
Big Fail!

The also, for the benefit of anybody else I don't understand why on a pretty well brand-new bike – almost new, you were prepared to put your hands in the pocket for £125 when it had already cost you £275.

You say that you found out that another bike – the same model had similar problems that the derailleur hanger snapped on that as well. Do you have any evidence of that? Are you able to find out who that bike belongs to? Who told you this?

Derailleur hanger is do snap but it takes a lot of force to do it. Very strange that the chain snapped as well.

I have to say that if the hangar broke three times and also the chain snapped that it certainly sounds as if a lot of force had been put on it. How old is your son and how heavy is he?

When you say that the "frame back bit" broke, what you mean? Do you have photographs?

Also I don't understand the on a relatively new bike that clearly isn't doing a lot of mileage – it is simply being useful playing with, that it needs new tyres. This is very strange. Did you hang onto the old tyres?

 

The situation is that you are dealing with Halfords who quite frankly are pretty well the cycling equivalent of Currys PC world in that they will sell you things but when they go wrong, they are very reluctant to honour your consumer rights and to give you the customer service you deserve for your money.

This means that if you start raising complaints to them, you're likely to find them very reluctant and very hard work. It's quite likely that you will have to consider litigating against them which will be relatively straightforward but the problem is proving that the bike was not of satisfactory quality rather than it had been abused by your son.

I'm reluctant to start encouraging you to begin formal claims here at the moment because I can foresee that it would be a frustrating experience and that your chances of success might not be very good.

I don't want to put you to any further expense.

Please can you tell us more about the bike, the other bike, your son, his weight et cetera.
 

Link to post
Share on other sites

My son is 12 and I have no clue his weight but he is big for his age in adults small size clothes. The bike is a adult bike aswell.

As for the other bike the guy in halfords told me they had another bike brought in with exact same problem as ours.

As for the work sadly they told me it needed doing and dull me paid for it. My older boys did tell me the tyres didn't need replacing . I do have the paper work here what they said they done ,well it's in the car so will have to wait to get it.

I also went to halfords and made a complaint first and all I was told was go on and have it checked Out. I thought it was under guarantee but said no only frame not general wear and tear

They just under the impression he's doing jumps on it and he ain't ,but even if he was surely a bike doesn't break that easily or often.  He does borrow his brothers more expensive bikes without a problem aswell one as a Scott's bike the other I.m not quite sure of the brand but a good one. 

The are fixing it for free this time  but 3mths for parts and is it going to break again by just having a bump. My older sons told me not to buy there but with lockdown in Wales at the time I couldn't get a bike for his birthday no where for months on order.

Link to post
Share on other sites

Thank you.

As I said it is going to be very difficult. I'm sure that your sons were right that the tyres didn't need replacing and it's a pity that you didn't keep the old ones because we could have had a look ourselves in photographs.

This is typical of the kind of thing you get from Currys PCWorld – and Halfords – that they don't tell you about your statutory rights – simply about guarantees.
It is your statutory rights – in this case under the Consumer Rights Act which counts and your consumer rights are that you are entitled to buy an item which is of satisfactory quality and remains that way for a reasonable period of time. I would have expected a bike for a 12 year old to last a few years but of course if it has been abused then your statutory rights wouldn't apply – and any guarantee wouldn't apply either.

If there is a guarantee then the guarantee would only last for a few months or maybe a year. It's rubbish and it simply bonbons which are fed to customers to make them think that they are getting something special and also to divert their attention from the fact that they have excellent statutory consumer rights.

I'm not quite sure what to advise you here. If you had reacted immediately at the missing parts and also the first breakage then you would have stood a good chance. You would have been within the statutory time limit of 30 days and then the fall back limit of six months so that you could have rejected the bike as being unsatisfactory. Now you have lost those advantages and you have to prove your case.

You got repeated failures of the same spare part – the derailleur hangers and also the snapped chain which I'm afraid does point to some very heavy use. A snapping chain is very unusual and together with broken derailleur hangers, I think you will find yourself in a very difficult fight which you may not win and although we would be pleased to help you bring a court claim, I think it would be difficult and your chances of success might only be marginally better than 50%.
You haven't said whether you have evidence that the tyres need replacing – but I suspect that you don't have them and they were kept back by Halfords. Even if you'd had that and we could have demonstrated that the replacement tyres were unnecessary, this would have put you in a very good position because I think Halfords would have been embarrassed and wouldn't have wanted it to go to court.

I'm very sorry but it seems to me that any advantages you had have been given away by delay and failure to keep evidence.

Are Halfords using their own derailleur hangers? Or do they come from the manufacturer of the bike? If they are Halfords own ones then maybe they are not of a sufficient standard – but even that is difficult to prove.
 

Link to post
Share on other sites

Posted (edited)
Quote

Yeah they kept all parts and the parts I.m pretty sure what they didn't have they ordered off amazon thats what they told me in the shop.  The derailleur is difficult to get they have said and they have tried everyone who supplies them they have said. The chain broke because the derailleur broke and the back of the bike. But they don't know about the chain as I replaced that myself but what confuses me is the said the bike frame or what ever it was , was badly damaged and snapped and same again . My son changed the derailleur which he's done to his own bike and his other brothers in the past. He said it wasn't broke at all. They told me it was badly bent and all sorts but you cant see nothing that is new . They honestly tried to tell me the bike was in a right state .

Yeah they kept all parts and the parts
I.m pretty sure what they didn't have they ordered off amazon thats what they told me in the shop. 

The derailleur is difficult to get they have said and they have tried everyone who supplies them they have said.
The chain broke because the derailleur broke and the back of the bike. But they don't know about the chain as I replaced that myself but what confuses me is the said the bike frame or what ever it was , was badly damaged and snapped and same again .

My son changed the derailleur which he's done to his own bike and his other brothers in the past.

He said it wasn't broke at all.

They told me it was badly bent and all sorts but you cant see nothing that is new .

They honestly tried to tell me the bike was in a right state .

 

 

Edited by BankFodder
Restructured in order to make it readable
Link to post
Share on other sites

You can keep on saying that it is the derailleur and I've assume that it is the hanger because that is the part which would normally break.

Are you saying that the actual rear derailleur – the "rear mech" broke on several occasions?

That would be far more unusual but once again it would point even more to abusive treatment.

We can help you push this forward if you want but I think that you are taking a risk. I don't see any kind of winning argument here. I think you're going to get locked up in the dispute which is going to be time-consuming and if you take it to the courts it will cost you a small amount of court fees with a very serious risk that you won't get it back and that you will be in a worse position then you are now.

I don't really know what to suggest. I'm sorry

Link to post
Share on other sites

I'm sorry. It's not often that I come up with such a negative view of the circumstances that I feel that if I encourage you to make a claim here then it would be putting you in harms way.

You could certainly complain in writing to Halfords – and you might get a goodwill gesture – but nothing else.

 

But you are right. There is never any harm in exploring the possibilities

  • Thanks 1
Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...