Bike purchase gone wrong : sold a 2016 model : expecting 2018 : now what?

[Smiffo221]

Hi,
Two weeks ago I bought a whyte whitechapel bike from my LBS for full retail price on finance. Since then I've found out it's a 2016 model (they never told me) obviously not happy about this as I would of never paid for price.

Contacted LBS and they have said will give a £100 credit note. I want take it back for a 2018 version but they are refusing to do so. What can I do?

Thanks

[gaz]

Your consumer rights are set out in the Consumer Rights Act 2015, summarised here.

You may also have rights against the finance provider under Section 75 of the CCA, summarised here.

From the limited information provided I would feel you are in a strong position if it was described (and hopefully documented) as a 2018 model when you bought it. If it wasn't, things don't seem so clear cut to me. Failing to tell you about faults would be an issue. Failing to tell you it's NOS, perhaps not.

Speak to your local Trading Standards Office.

[freiston]

What's the difference in specs? More than £100 worth? A quick look with Google and the only difference I can find is the rear changer - Acera on the 2016 and Altus on the 2018. The available 2016 models I found for sale were only about £50 cheaper (I did see one for £100 cheaper but there were no indications of availability and only "large" size listed).

[chris_suffolk]

Had a similar issue with a dinghy few years back. If it was described as 2016 then you have no recourse. If any other date then you have a right to a full refund. If they claim it was a typo - still no defence, you can still legally have full refund.

In my case, and I suspect your's, there was no date given, but I was led to believe it was a certain age (as perhaps you were when you assumed 2018 (did they suggest this or say nothing?)) When I established it wasn't the age they suggested, they tried to claim they had made a mistake, but that they weren't liable as 'it was an honest mistake guv'. My friendly Crown Prosecution Lawyer suggested otherwise, and they reluctantly gave me a full refund.

If you have bought on credit (and sounds like you have), then the credit company is jointly liable, and will hopefully apply pressure to the retailer if you kick up a fuss with them.

The other option, especially if you don't intend using the LBS again, is to name a same if they have Facebook, Twitter etc - can work wonders if you don't need to use their services again, but be prepared for the fall out, especially if you will use there services again in the future

Hope it all works out

[thelawnet]

They are almost identical, the 2018 has internal cable routing, the 2018 has a 11-36 cassette, the 2016 11-34, and then the 2018 has a slightly inferior rear derailleur.

If they didn't promise a 2018 model, it's not clear that the 2016 model is inferior at all, so £100 credit seems more than fair.

[cycleruk]

To me the fact they have offered £100 is a admission of fault ? (there must be a better word but you may get my meaning)
You obviously expected a current model and not one that is 2 years old.
You could try Citizens Advice for help.

[Bonefishblues]

They are almost identical, the 2018 has internal cable routing, the 2018 has a 11-36 cassette, the 2016 11-34, and then the 2018 has a slightly inferior rear derailleur.

If they didn't promise a 2018 model, it's not clear that the 2016 model is inferior at all, so £100 credit seems more than fair.

There's much more than £100 difference in value between the two bikes. It's a year thing...

[tim-b]

Hi
The frame changed in 2017, "For 2017 we have a new frame, featuring a brand new front triangle with internal cable routing, BBX and new slimed down seat stays to give even more comfort." (Their spelling of "slimmed", not mine https://www.whyte.bike/s/WHITECHAPEL-2017.pdf)
Acera v Altus as pointed out above
I'm not sure about the difference in brake models
The acid test for me is that I'd be asking less for a 2016 model sold second-hand, than a 2018 model sold second-hand
Regards
tim-b

[PH]

I think Gaz had it covered in the first post, you get 30 days to reject something that isn’t as described. I think rejecting because you made an assumption that you later found to be incorrect isn’t covered,

[Cugel]

Is the bike fit for your purpose and unused? If so, what does the year matter? (I could understand if it was a fashionable frock you were after).

Cugel

[pete75]

The acid test for me is that I'd be asking less for a 2016 model sold second-hand, than a 2018 model sold second-hand
Regards
tim-b

It's not a car where year is oh so important. Second Hand bikes are usually priced on condition not year of manufacture.

[fossala]

Just looked at the cost of the bike, I think £100 off is fair.

[Bonefishblues]

The acid test for me is that I'd be asking less for a 2016 model sold second-hand, than a 2018 model sold second-hand
Regards
tim-b

It's not a car where year is oh so important. Second Hand bikes are usually priced on condition not year of manufacture.

I don't agree, particularly if OP wanted to sell on quickly for some reason, hence my comment.

This is based on my second hand purchase of a Whyte Cambridge after a month or two of monitoring second hand prices.

[Psamathe]

Is the bike fit for your purpose and unused?....

I wonder if the "unused" is important for a practical solution (i.e. not talking about legal rights). If the bike has been transported home in a car and spent it's life sitting indoors not having been ridden would make it is different proposition to having spent every day since leaving the shop hammering up and down gravel tracks ...

Ian

[pete75]

The acid test for me is that I'd be asking less for a 2016 model sold second-hand, than a 2018 model sold second-hand
Regards
tim-b

It's not a car where year is oh so important. Second Hand bikes are usually priced on condition not year of manufacture.

I don't agree, particularly if OP wanted to sell on quickly for some reason, hence my comment.

This is based on my second hand purchase of a Whyte Cambridge after a month or two of monitoring second hand prices.

Look at the bikes for sale adverts on here. Very few mention the year of the bike. If it was important it would always be mentioned.