In January, I used my employer’s Bike for Work scheme to purchase a new Boardman Team Carbon bicycle from the Harlow branch of Halfords. On my second ride, a component – the hanger that holds the derailleur on the frame – failed and the bike suffered extensive damage.
I was travelling downhill at around 20mph when the rear wheel locked. I was fortunate to escape serious injury. There was extensive and irreparable damage to the frame, derailleur, cable, spokes and chain.
Halfords has decided that the bike was incorrectly set up and therefore I am at fault. It has also pointed out that I cannot pursue the action in the small claims court since I don’t own the bike (my employer does), and since then has ignored all three of my follow-up emails. The repair costs were initially quoted at £745.
This seems grossly unfair. Halfords, it seems to me, is avoiding its obligations under the Sale of Goods Act by exploiting a loophole in the Bike for Work ownership structure.
I am following up with my employer but think there is little chance of it launching legal action on my behalf. LM, Bishop’s Stortford
This was a complicated case. One of the odd things about buying a bike from Halfords is that it offers a “free” build service, which means it puts the bike together and makes sure it is set up properly – a service offered as standard by traditional bike shops. It will also let you take the bike away as it arrived. You, unfortunately, elected to take the bike away and put it together yourself. You also signed a disclaimer saying you would be responsible for the bike. And, according to Halfords, you did not take it for its free six-week check.
That said, the part of the bike that failed – the hanger/derailleur – wasn’t touched by you and was already mounted on the frame when delivered. Given that it failed on your second ride, rather than the first, it is possible that a manufacturing fault is to blame, but it is hard to prove. Halfords can, reasonably, argue that it would have picked up any problems when it checked the bike over during construction.
In its response, Halfords said: “Whilst we cannot take responsibility for damage incurred, we are sympathetic to LM’s experience. As a gesture of goodwill we have offered to reduce the cost of replacing the frame from £745 to £225, in addition to waiving the cost of replacing the chain and derailleur and labour. We hope this is a fair result for LM.”
You still feel let down and maintain that a fault caused the accident. Since you sent us your the letter, your employer has confirmed there is a clause in its bike agreement that does allow you to bring a claim against the retailer as if you were the purchaser.
If you can find an expert to write you a report that blames the components for the failure you could try and bring a claim in the small claims court, although the likelihood of success is mixed at best. In your shoes, we would be inclined to just pay the £225 to get the bike back on the road and put it down to experience. Next time get Halfords to put the bike together – it would have made such a claim easier to deal with.
Meanwhile, what have other readers’ experience of Halfords been when making a warranty or similar claim? Email the usual address.
We welcome letters but cannot answer individually. Email us at consumer.champions@theguardian.com or write to Consumer Champions, Money, the Guardian, 90 York Way, London N1 9GU. Please include a daytime phone number
