Deposits, whats the point??

[boselecta]

hello, looking for some advice please!

last week i put a deposit down on a new bike from my lbs, i told them that i am in the ctws and that i would have the voucher for the bikes full amount at the start of May, they said this was not a problem.

Had a call from them today saying got some good news and some bad news,

bad news: we have sold your bike

good news: we would like to offer another bike instead with discount and better spec.

1: are they allowed to sell a product that i have put a deposit down for?

2: original bike was £630 road bike with a full Sora groupset, replacement is £850 but to me £700 bike with a full Tiagra groupset. is this a good deal or are the messing me about?

thanks in advance

 

[adds21]

2: original bike was £630 road bike with a full Sora groupset, replacement is £850 but to me £700 bike with a full Tiagra groupset. is this a good deal or are the messing me about?

So, regardless of whether the bike it worth £850, they now want to you spend £700 rather than £630. Is that right?

I'd take my business elsewhere. I don't know the legal situation, but selling a bike you've put a deposit on is pretty bad form.

 

[dan_bo]

It's a good deal.

Get a lid and a lock out of 'em for fjorking you about.

 

[dan_bo]

Just read it again. Bunch of idiots. Still a good deal but I wouldnt be happy with the rest of the situation.

 

[Norm]

That depends on the terms of the deposit. If you placed a deposit for a particular machine and they accepted it on those terms, that is your bike and they have sold it.

They also seem to be trying to screw more money out of you. Tell them to either get you the bike and spec you initially wanted or get your money back.

IMO, do not accept the "upgrade". If it was that good a deal, they'd have sold that one to the person who bought your bike.

I would never deal with a company that did something like that.

 

[timbstoke]

Not quite the same, but I had similar happen twice in Jan with Halfords.

Bought a Carrera Subway Ltd in the sales, lasted all of 3 weeks before some scumbag half-inched it. By this time, we're in the last few days of the Halfords sale. So I check on their site, and there's a Carrera Vengeance going in Stockport - bit of a trek out from Stoke, but OK. Put in the reservation, got the confirmation, good to go.

I decide to give them a call before I set off to confirm. "Sorry, it's been sold now - the manager decided to sell it to someone who walked in instead." At this point, I'd also reserved a load of new bits from my local Halfords too, so I give them a call, explain the situation, and tell them not to bother holding the bits for me. Chap hears my tale, asks me to give him half an hour, then calls back to tell me they've found another one in Slough, and if I want it he can have it to me by the end of the week. Lovely, Halfords almost redeemed themselves.

A week later, nothing. So I call them. "Oh yeah, I remember that. It came in, but we sold it."

I give up.

 

[Bigsharn]

Tell them that you want them to order the same bike, or give you the other bike that you're not so keen on, at the same price. Otherwise you'll be reporting them to trading standards.

 

[GrumpyGregry]

boselecta - it is no compensation I know but both myself and two other collegues at my work place have all been on the receivining end of such sharp practise in connection with 'scheme' bike purchases, at three seperate LBS's. Seems to be common practise.

 

[sabian92]

Tell them to sell you the newer bike at the original agreed price or they don't have a sale.

Then report them to Trading Standards anyway. That's not on especially when you've put a deposit down on it. I'm not sure on the legality of a deposit, but usually it means once you've paid it - it's yours.

 

[tyred]

I would've thought that the reason why you pay a deposit in the first place is to reserve a particular item.

As they've accepted a deposit and then turned around and sold the bike to someone, I would definitely demand my deposit back and shop elsewhere. It's very poor business practice imo and they obviously don't give a sh!t about their customers.

 

[Norm]

I'm not sure on the legality of a deposit, but usually it means once you've paid it - it's yours.

If you have placed a deposit on a bike, then a part of that bike is yours.

This has been relevant when retailers have gone bust, for instance. In brief (I know there are other technicalities, don't even bother) if you have put a deposit on a 3-piece suite because the retailers asks you to do so and there is a long lead time, then your deposit is lost if they go bankrupt before your suite gets built. If you put down a deposit on a particular bike and the retailer goes bust, then you have a financial interest in that particular bike if the shop goes pop.

 

[tyred]

If you have placed a deposit on a bike, then a part of that bike is yours.

This has been relevant when retailers have gone bust, for instance. In brief (I know there are other technicalities, don't even bother) if you have put a deposit on a 3-piece suite because the retailers asks you to do so and there is a long lead time, then your deposit is lost if they go bankrupt before your suite gets built. If you put down a deposit on a particular bike and the retailer goes bust, then you have a financial interest in that particular bike if the shop goes pop.

In which case it would be definitely recommended to get a proper receipt if paying a deposit on something.

 

[phil_hg_uk]

I think I would tell them to get stuffed and go somewhere else.

 

[coffeejo]

Tell them that you want them to order the same bike, or give you the other bike that you're not so keen on, at the same price. Otherwise you'll be reporting them to trading standards.

+1

 

[Mad at urage]

Tell them that you want them to order the same bike, or give you the other bike that you're not so keen on, at the same price. Otherwise you'll be reporting them to trading standards.

This.
I would proceed along the lines of:

"When you accepted a deposit from me, for a specific price on a specific bike, you entered into a contract to supply me that specific bike at that specific price. This means you have sold the bike that you contracted to supply me. I cannot afford* to increase the price I pay for a bike and you must either supply that specific bike at that price or compensate for not being able to supply the specific bike promised by supplying a better bike. But the price remains the same as that which we agreed".

If they won't then Trading Standards as others have suggested, there's a good chance they'll supply the £850 bike at your originally agreed price. If they won't, take your money elsewhere (and report them - breaking your contract).

Either way, avoid going back if you can.

* Even if you can afford!