Design flaw? Cube Stereo Hybrid

[24lemons]

I bought a Cube Stereo Hybrid HPC SLX 800 (snappy title) in January. Soon afterwards it went back to the dealer due to a severe creaking noise which they diagnosed as the bolt connecting the rear shock to the yoke arm. They re-greased it and that seemed to do the trick up until recently when the noise reoccurred.

I decided I’d attempt to sort it myself but upon closer inspection I found that the top end of the rear shock was actually touching either side of the mounting bracket and it had caused paint to chip away. My worry now is that being a carbon frame, this could be putting pressure/shock through the frame in a way it won’t be designed for. It will continue to damage the frame each time I use it and who can say if it will increase the likelihood of the shock mount failing at some inopportune moment?

I found another forum where people are reporting the same issue with this bike. I dont want to replace it but equally I want to know it will remain safe to ride under normal circumstances. I have contacted the shop and I’m awaiting a response.

Has anyone else encountered this, where do I stand if the bike is faulty?