TwoWheels1954

Thanks for the suggestion, it's a great looking bike and is a good ride, he acceleration is awesome! It also has a number of extras and an uprated battery so it cost a fair bit more tan the list price. The issue is, do I lose a few hundred on selling it or spend a few hundred having the modifications you suggest carried out? I certainly couldn't do it myself. There's also the fact that, as much as I liked the bike, I'm pretty siillusioned with the whole business. maybe wiping the slate clean by getting rid of it is te best way for my peace of mind. I don't know but I'm not rushing to make a decission.

Thanks for your comments, can you give me some more details about the eBike shop you refer to?

That's great thanks so much.

Thanks I'll have a look for it.

Hmmm maybe I'll report this critter to them.

Thanks for that, your comments make so much sense. It's indeed sad that a supposedly key piece of consumer legislation has no teeth and relies on the goodwill of the retailer to get your rights.

Well, here we are, the final instalment of my saga: I heard from the lawyer today and, after reviewing all of my correspondence with Wing, I don't have a case. He sites two reasons fr his conclusion: 1) There is nothing in writing to say that I made it clear to Wing that I wanted the bike for use on the road so it's my word against his and the outcome is 50:50 depending on who the judge chooses to believe. 2) He has been unable to identify ant assets belonging to the owner of Wing so, there is a low level of confidence that collecting any award would be possible even if I win. It seems to me that even if I'd bought the bike from Halfords, there would be nothing in writing and any conversation I had with a member of staff about the use I wanted to put the bike to would almost certainly be out on the shop floor without ant independent witness to what was said. I don't know about you guys but I don't tend to go into a shop with a written statement of what I want to buy or what I want to use the item for! Since the same argument could be made for buying a washing machine from Curry's or, indeed, any retailer it seems to me that the Consumer Rights Act only works for the consumer if you're dealing with a benevolent dealer so it doesn't offer much in the way of Consumer Rights. Anyway, that's the end of the matter because I can't afford the £275 per hour, with every six minutes as a charging period, to pursue the case and all I can do is alert people to this bike seller with rather questionable business ethics and suggest that they stay away from him. As for me, I need to buy another bike so I'd be interested in any recommendations for a reliable seller of good quality road bikes at around the £1500 mark. I could spend more if something really takes my eye. P.S. Anyone want to buy a 1500W 48V eMTB, one careful owner and just 8 miles on the clock from new. Immaculate condition etc.

Thanks for that, you make a very interesting and logical point. Wing haven't given any indication as to how it can be modified simply that it's "easily done". I have passed your comment, and several others from this forum to my solicitor who is now reviewing the information in order to decide on where next.

Thanks for your reply. I'm sceptical of his claims to be able to easily make it road legal. As I said, if that's the case, why didn't he do it before I collected it? I haven't spoken to Trading Standards but I might. The reason being that I had a problem some years back, referred it to them and it was a complete waste of time. I might reconsider though.

P.S. I forgot to add that I'll put up another post and let you know the outcome. Thanks again for your help.

Well, a lot seems to have been posted here since mylast post. I can only say that my tardiness in replying is due to going on holiday and now in the full throws of having a new kitchen fitted! Anyway, I promised all of those who contributed with advice to my original post an update so, here we go: After reading your advice, I Emailed Wing and said that the bike wasn't fit for my purpose, i.e. riding it on the road and that he'd failed in his duty of care towards me as a customer in that, despite being aware that I wanted to ride it on the road, he never mentioned that it was illegal to do so. In fact, he actively encouraged me to do so. I received no reply so re-sent it the following day and again received no reply. I was on holiday at the time so it wasn't easy to do but none the less. When I got home, there was still no reply, but I had an inkling that I was insured for legal expenses as part of my home contents policy and that proved to be the case. So, I phoned their legal helpline. The upshot of that conversation was that they agreed that I had a case and advised me to Email again quoting my Short Term Rights, rejecting the goods and asking for my money back. After several days, he replied to my original Email saying that he'd just found it in his Spam Folder. He gave no response to my request for a refund but limited his response to the grounds for a refund that I'd quoted. He stated that "it wasn't his job to inform his customers of the law, they should find that out for themselves" he also insisted that the bike could be "easily modified to reduce the power and limit the speed". I was aware of the speed limiter at the time of purchase but didn't appreciate its relevance. My point would be that he was aware of my intention to ride on the road so, if it's so easy to make the bike road legal, why didn't he do that before I collected it? He also made the point that the bike was assembled to my specification, which is very twisted logic in that because I'd rejected two other bikes that he'd got in stock with 1000W motors, I was specifying that I wanted a 1500W motor!! Actually, I rejected the other two bikes because I didn't like their styling and said nothing about the size of motor on the model I was interested in buying. There's more but I think you can get the drift from the above. Following his reply, I again phoned the legal helpline and agreed to give him a final chance to respond positively and sent a further Email quoting my rights under the Consumer Rights Act 2015 and again requesting a refund. One of the interesting points from my legal discussions is that you don't need to state your reasons for rejecting the goods provided that you do so within 30 days and quote your Short Term Rights under the above legislation. He has responded by quoting his Terms and Conditions which relate to his interpretation of the legislation. According to him, he will only countenance a refund if the goods are faulty or not fit for purpose. He insists that the bike is fit for purpose. It'll be interesting to see what happens in a legal contest between his Terms and Conditions and Statutory Rights. Where it's at now is that I've completed a claim form, submitted it to my insurers and am waiting for them to say if they believe I have a case and if they'll foot the bill for taking him to court if necessary. I should hear at the end of this week or early next. If they turn me down, I'll have to sell it as I now have no confidence in it or the supplier so would be inclined to let him "make it road legal". Anyone interested in a nearly new 21 gear eMTB with just 8 miles on the clock? For use on private property of course!

Yes, I noticed that and I agree with you. It's all too easy to tempt disqualified drivers with such a solution regardless of the consequences for them if caught.

Thanks for that, good luck to you. Not a way I'd like to go though.

that's the page that I saw yesterday and I agree, that it isn't obvious or clear until you read that page,. As far as I can see, that's the first and only place where the legality is mentioned.

thank you, the least I can do is report back for the benefit of others who may get into a similar situation.