Who is right, who is wrong

cameron_15

Eats Squid
I don't understand why he won't let you take another bike. At all. Surely he would have been better off giving you a bike off the floor and paying off some of his accounts with the money he's instead refunded you.

I'd definitely try to get the rest of your back, or at least get some goods for it!
 

Melony

Likes Bikes
I am counting myself lucky i have been out of town today, on my way home I drove past LBS, seemed strange no lights were on, swift u turn low and be hold it is now empty. Just spoken to a mate who works next door and it was empty this morning. Land lord was their looking for rent money, and so were lots of others looking for their bits.

I think I count my self luck I got what I did.
 

Chil

Likes Dirt
Sounds like you got lucky indeed, I do think the fact he has made a runner is not exactly going to benefit him. I hope no one had a bike being serviced by him when he ran.
 

MTB Pilot

Likes Dirt
I'm not surprised he's gone bust after how he treated you. It's a shame you hadn't heard bad things about him to save you the misfortune of having to deal with him at all. I just hope he's on medication to help his anger problems and decided retail is not his thing.
 

driftking

Wheel size expert
I am counting myself lucky i have been out of town today, on my way home I drove past LBS, seemed strange no lights were on, swift u turn low and be hold it is now empty. Just spoken to a mate who works next door and it was empty this morning. Land lord was their looking for rent money, and so were lots of others looking for their bits.

I think I count my self luck I got what I did.
Damn even though the evidence suggested that would be the case I'm still shocked at how fast that went down. Lucky you took initiative and contacted the manufacturer other wise you'd probably be out 100%.

CRC anyone ? Seems safer than the lbs these days lol.
 

Mywifesirrational

I however am very normal. Trust me.
80% is a great outcome, considering what the alternative now would have been.

I'd give the coppers a call and let them know what happened and thank them for their help.
 
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Gspot-Sniper

Likes Dirt
He by law has to give you a refund or a exchange
On the goods according to ACCC consumer/retailer
law. If you call the ACCC hotline they will explain all
This too you. If he refuses you then can inform the
ACCC of this and they will launch legal action on your
Behalf.
 

Pebble

Likes Bikes and Dirt
Wow this reads like you almost got no bike and almost lost a whole bike worth of cash! Lucky you weren't an optimist and decided to wait out antoher 3 weeks then!
 

mik_git

Likes Bikes and Dirt
He by law has to give you a refund or a exchange
On the goods according to ACCC consumer/retailer
law. If you call the ACCC hotline they will explain all
This too you. If he refuses you then can inform the
ACCC of this and they will launch legal action on your
Behalf.
yeah you might want to read the thread again, there isn't a guy to get the cash from.
 

floody

Wheel size expert
100% the shop was on order stop, hence the blowout in times, and most likely the owner knew what was coming and wouldn't release a bike off the floor without full payment as he wouldn't be able to pay for it. Have seen the scenario time and again. You did the right thing and IMO you are lucky it came off as well as it did.
 

Slowman

Likes Dirt
Wait, you think this is a common occurrence?

Something isn't adding up. I simply can't get my head around why the owner would refuse to sell OP a different bike and refuse to offer a refund when it appears, From the knowledge OP has shared with us, he cannot get the original bike.

The damage has been done though. Definitely get your money back and find a new bike shop.
Something is definitely not adding up. Why would the police take an interest in a commercial matter? If the police are involved then there must have been some criminal aspect that became a part of this matter. Police take no interest in contract law, that is purely a private matter, so why did they become involved? I have never heard of them brokering a compromise, like this, it is not their brief, this is precisely why we have consumer bodies, like the ACCC at the federal level and Departments of Fair Trading in each state.
 

johnny

I'll tells ya!
Staff member
^^^^Agreed.

things don't add up for me either, it is not the remit of cops and nor do they have the legal power to arbitrate matters like that explained above.
 

Melony

Likes Bikes
Slowman & johnny,
It became a police matter when I was threatened with violence on my first visit around lunch, than when I went back in the afternoon the threats were worse. Being a small town a few people outside noticed his Argo and gathered around. This made him worse I gather, in the end I asked him to call police as I seen it as I was worried for my son in my arms and they were the only way to get him to listen
 

retroenduro

Likes Dirt
wow what a story.....well a few lessons to be learnt from this, the biggest being never pay cash in full for something that is 'being ordered in'

Melony sounds like you were lucky mate. i hope you now go and score yourself an awesome bike and get hittin' those trails
 
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