Company won't take responsibility

Yorky

Last year I had a cycle carrier made by an engineering firm. I already had the socket plate which attaches to the towbar and the arms which slot in for the bikes to sit on. I wanted a second socket plate for another car for the same arms to be used on. I provided the engineering company with the existing socket plate in order to make an exact copy. They really did mess me about and kept getting it wrong until finally after about three weeks they got it right.

I told the proprietor and the employee on separate occasions that it would need to be strong enough to carry up to four bikes. After this, all of my dealings were with the employee.

I only used it for one or two bikes until about a fortnight ago when we were going on holiday and put three bikes on it. About two miles from home the socket plate bent and the last bike on the carrier hit the road which wore the tyre out and buckled the wheel. We had to go back home to abandon the bikes and hired others at our holiday destination.

When I went back to the company proprietor with the bent socket plate, buckled wheel, worn tyre and receipt for replacement parts he didn't want to know. He said he didn't make the item and the employee didn't work there any more and accused me of overloading the carrier. When I mentioned the damage he also denied any responsibility.

I'm not going to let this go and want all of my costs covered. I didn't get a receipt for the replacement bike hire and the phone call to the bike shop cost about €10 as I was roaming. Could I claim these costs also? I intend to write to the company stating my case and if no response within fourteen days, going to the Small Claims Court.

Could anyone give any advice on this matter? Thanks in advance.

wyndham

Write to the company setting out your position as you have done here. Include photocopies of any receipts that you have for the expenditure incurred. State exactly what redress you are seeking and put a deadline on it. Register said letter and retain copies of everything. What is the monetary figure we are talking about here? You will then have a written account to bring to court with you if you go that route.

As it was a special order item, it may be difficult to prove, in the small claims court, or elsewhere, what, if any, guarantees/assurances were provided by the company as to what the product would do/not do. Do you have any copy of the order that you gave to the company, setting out what you wanted.

The fact that the employee doesn't work there anymore is irrelevant as he/she was acting as an employee/agent of the company.

Disclaimer-This is not legal advice and should not be construed as such.

Yorky

What is the monetary figure we are talking about here?

The socket plate cost €25 and €175 for the replacement parts, cycle hire and phonecalls.

whippet

Unless you have very clear proof that you ordered a bracket capable of taking 4 bikes I'd imagine you don't have a leg to stand on.

With out this proof it would very clearly look like you requested a replica of the 2 bike mount and the damage happened when you doubled the load.

Also in a court you would have to prove that the bracket caused the damage, not the speed you were driving, the way you fixed the bikes etc.

For a €25 part, I coudln't see a judge awarding you the €200 or so that you are looking for.