Company wants damaged c2w bike back.

[ALIBACKROW]

Hi, I was wondering if someone could give advice on this issue.

I bought a bike from evans cycles through the cycle to work scheme this time last year. The end of this month will be the end of my salary sacrifice payments however I am leaving the company and they have asked for the bike back.

The problem with this is the bike is severly damaged from an accident I had last week! If I return a damaged bike, am I liable for the repairs to be done? I havn't taken out any accident protection insurance as that was only a recommendation and not a requirement of the company c2w scheme.

Also there were components that were damaged at a different time and replaced by me. Are the new components my property? And can I return the bike with these missing?

 

[Angelfishsolo]

Hi, I was wondering if someone could give advice on this issue.

I bought a bike from evans cycles through the cycle to work scheme this time last year. The end of this month will be the end of my salary sacrifice payments however I am leaving the company and they have asked for the bike back.

The problem with this is the bike is severly damaged from an accident I had last week! If I return a damaged bike, am I liable for the repairs to be done? I havn't taken out any accident protection insurance as that was only a recommendation and not a requirement of the company c2w scheme.

Also there were components that were damaged at a different time and replaced by me. Are the new components my property? And can I return the bike with these missing?

Did you sign a contact with your company when you entered into the C2W scheme. If so the pertinent information will be in that.

 

[cloggsy]

How long ago did the accident happen?

I believe you are supposed to have the bike insured, so should it be damaged/stolen during the term of the agreement, you are not left 'out of pocket.'

I think you will need to get the bike repaired!

 

[Sh4rkyBloke]

So you've almost paid off the C2W payments and they want the bike back??? Can't some sort of agreement be reached that you finish the payments and keep the bike, or are you not bothered now it's damaged? Am I missing something?

 

[billy1561]

AFAIK the bike should be in a typical 12 month old condition and that responsibility is yours through the hire agreement. However, surely if you were not leaving the company then they would sell it to you for fair market value (about 5% of purchase price) so maybe that's also the limit of your obligation to the company financially.

As for replacement parts then they must fall under maintenance of the bike and therefore belong to your employer i would summise.

I would be interested to find out how you get on, keep us informed please and good luck!

 

[Angelfishsolo]

AFAIK the bike should be in a typical 12 month old condition and that responsibility is yours through the hire agreement. However, surely if you were not leaving the company then they would sell it to you for fair market value (about 5% of purchase price) so maybe that's also the limit of your obligation to the company financially.

As for replacement parts then they must fall under maintenance of the bike and therefore belong to your employer i would summise.

I would be interested to find out how you get on, keep us informed please and good luck!

I would guess this might be true for wear and tear only.

 

[gaz]

The c2w scheme does not cover any sort of wear and tear. You must pay for all maintenance.

In the schemes I have been in, I was require to inform my employer if I the bike was damaged as soon as possible. You need to read the contract that you signed.

 

[cloggsy]

I also understand the bike can be 'written off' if it beyond economic repair?

I assume you reported the bike as damaged to your employer?

 

[wiggydiggy]

Need to check your T+C's but mine state "It is your responsibility to insure the bike." My T+C's dont state specifically I am responsible for maintenance/repairs but that may be as I have to go through Halfords they do the CarePlan for a year on it.

..............I havn't taken out any accident protection insurance as that was only a recommendation and not a requirement of the company c2w scheme.............

This may be your get of jail free card, if no where else within the T+C's does it state that you are responsible for the maintenance/repairs of the bike and it definitely only states API is only a recommendation and not a requirement then I would be tempted to argue your were mis-advised.

 

[abo]

Personally, if the T&C of your scheme don't say you are reponsible for repairs and maintenance, or insuring the bike I'd be tempted to take off the bits I put on, refit the original bit (you did keep them right, they're not yours after all ) and hand it back as it was. Dunno what your company's reaction would be like.

My employer has now started offering C2W but I'm shying away from it, from what I've read on here and elsewhere it seems to be too much of a chew on TBH.

 

[wheres_my_beard]

What does "severely damaged" actually mean? If the bike went back to the employer could someone else ride it?

The bike does belong to the employer, but you are responsible for ensuring it is kept in a road worthy condition whilst leasing it. They are under no obligation to sell it to you. You may be asked to pay for any reasonable costs to remedy any damage caused by your use of the bike, especially as the bike is possibly not going to passed into your ownership.

 

[Fnaar]

It got damaged in an accident on your way to return it to your employer, didn't it?

 

[Angelfishsolo]

It got damaged in an accident on your way to return it to your employer, didn't it?

 

[wiggydiggy]

I have to admit.... I never settled for my bike

I moved house and told my employer, who would then tell C2W, that I'd moved but they still sent the begging letter to my old address which the new tenant kindly forwarded. Thanks to them only accepting payment by cheque (in this day and age!) when I had no chequebook I never got around to sending it. And got no further reminders

Strangely one of the other options was 'donate the bike to charity' which when I inquired about they said 'oh you just give the bike to a charity shop and tell us what you've done'

I get the impression my scheme isnt the best managed at times

 

[vorsprung]

It's my impression that the bike belongs to the company, not to you and that you "hire" it during the payback period

So if it gets broken it is not your problem, essentially

At the end of the period of payback you are supposed to buy it for a "realistic" price from the company. When c2w first started most people just paid a fiver and that was that. But more recently the taxman has taken an interest and now it is a percentage of the value of the bike, I forget the exact recommended numbers