ripped off

2456714

Comments

  • steelem
    steelem Posts: 199
    funny enough i used to take my old tarmac out of that nice mucklow hill in halesowen
  • kingrollo
    kingrollo Posts: 3,198
    steelem wrote:
    funny enough i used to take my old tarmac out of that nice mucklow hill in halesowen

    you still live this way?
  • steelem
    steelem Posts: 199
    nah m8 i moved the family to swindon 2 years ago due to work - have to say its brill for cycling - pretty much the same as halesowen all those country lanes on your door step - looks like cycling on hold for mo until this gets resolved - its an absolute mess - i sold a bike 2 weeks ago guess what the money stayed with me for 2 weeks in case buyer wanted his money back = i thought that was standard in cycling - obviously not - absolute con artists around
  • EKIMIKE
    EKIMIKE Posts: 2,232
    The way Spesh are downgrading their specs you could just take the approach that you have next years SL2 :twisted:
  • steelem
    steelem Posts: 199
    specialised sl2 - specialized tamac pro - look at the colour no diff - my seeler obvoiously new this and said he was sellibg me an sl2 - i should have known the bike when i bought but its done
  • guilliano
    guilliano Posts: 5,495
    Hate to say it but as has been said before, once the sale it done outside of ebay you have no comeback...... it's sold as seen. Personally I wouldn't even have agreed to any kind of refund, let alone a £400 one. If that makes me sound callous then so be it. If A buyer wasn't happy with what I was selling I would expect them to say so before buying, not after.
  • ACMadone
    ACMadone Posts: 300
    steelem wrote:
    the bike had no size on it - thats why i called specialized - should i have had a measuring tape on me

    the kysrium sl es look te same - io checked the front wheel which said sl thought nothing of it

    the seller now wants the wheels back & pay me after collecting - can you believe this guy

    Ksyrium ES and Ksyrium SL are the same wheel with different stickers.
  • FransJacques
    FransJacques Posts: 2,148
    this story reminds me of my chinese friend Sum Dum Phuk.
    When a cyclist has a disagreement with a car; it's not who's right, it's who's left.
  • steelem
    steelem Posts: 199
    please can someone tell me how i find the ad on ebay - the original ad was advertised as specialised tarmac sl2 - some how he changed it. i need the ad so i can speak with ebay & file my claim
  • softlad
    softlad Posts: 3,513
    steelem wrote:
    please can someone tell me how i find the ad on ebay - the original ad was advertised as specialised tarmac sl2 - some how he changed it. i need the ad so i can speak with ebay & file my claim

    ebay will not be interested, because the deal was done outside of their auction rules. I'm pretty sure someone has already said that....
  • rolf_f
    rolf_f Posts: 16,015
    steelem wrote:
    please can someone tell me how i find the ad on ebay - the original ad was advertised as specialised tarmac sl2 - some how he changed it. i need the ad so i can speak with ebay & file my claim

    Surely it is in your internet history file.

    However, as has been said several times, this has nothing to do with Ebay. Someone posted something for sale on Ebay but withdrew the advert and then sold the item/or a similar item outside of ebay for cash. Neither ebay nor paypal earned anything from the original auction and neither will want anything to do with it.

    There is, presumably, no record of your cash sale - did you even get a receipt stating exactly what you had bought?

    Basically, you have no reasonable cause to complain to anyone but yourself on this. If the vendor had sold you the bike privately but described it as a lump of cheese, you still wouldn't have any cause for complaint. The vendor offered you an object for a price, gave you the opportunity to look at it and you handed the money over.

    You bought a bike, for a price you were happy to pay. According to some here who have read the advert, the bike was described accurately in terms of size (but unless we can see the advert, we can't comment on that), the wheels (again according to someone here) whilst labelled differently, are technically the same and the vendor has offered to take them back.

    Please, stop looking for someone else to blame and accept the responsibility yourself.

    Finally, post pictures; maybe you got a good deal anyway and can even resell it at a profit?
    Faster than a tent.......
  • bendertherobot
    bendertherobot Posts: 11,684
    You can search ebay for completed listings.

    STick in Tarmac Pro. Go advanced. Tick the box completed listings. Log in.

    The results then come up.

    I couldn't find one.
    My blog: http://www.roubaixcycling.cc (kit reviews and other musings)
    https://twitter.com/roubaixcc
    Facebook? No. Just say no.
  • bendertherobot
    bendertherobot Posts: 11,684
    Nagah wrote:

    Looks like.

    Interestingly described as for the 5ft 12 plus rider. Would have thought that matches perfectly to 56 rather than 54 which would be more like 5ft 10 or so.

    No mention of wheels so oral conversation on that.
    My blog: http://www.roubaixcycling.cc (kit reviews and other musings)
    https://twitter.com/roubaixcc
    Facebook? No. Just say no.
  • pinkbikini
    pinkbikini Posts: 876
    Hopefully this link works, assume it is the right one that I looked at yesterday. Hindsight is a great thing, but seriously, read the descriptions again and look at the seller's other bikes and think again - would I really want to hand over £2K with only a cursory inspection?
    Anyhow, I hope you get a happy resolution somehow...

    http://cgi.ebay.co.uk/specialized-s-works-sl-tarmac-pro-road-bike-2009-54cm-/250632234007?cmd=ViewItem&pt=UK_Bikes_GL&hash=item3a5ad86417
  • giant_man
    giant_man Posts: 6,878
    Yeah I do agree. Not only would I not spend 2 grand on a bike on eBay but also the description by the seller would definitely make my ears prick up.
  • softlad
    softlad Posts: 3,513
    true - but the guy appears to sell a lot of bike stuff and has 100% feedback nonetheless, so he's obviously doing something right...
  • rolf_f
    rolf_f Posts: 16,015
    I daresay it would have potentially achieved a better price if the description hadn't been nearly non existent. I wouldn't have considered spending 2k based on that though.
    Faster than a tent.......
  • steelem
    steelem Posts: 199
    thanks guys in giving me the reference - im gonna go to a small claims court on this - i have rights on the sale of goods act - item not as described - he put the frame size in this ad & thats what was dicussed. I already have an email stating he wants to collect the wheels - & thirdly those wheels are back on ebay.


    Condition: Used: An item that has been previously used. The item may have some signs of cosmetic wear, but is fully operational and functions as intended. This item may be a floor model or an item that has been returned to the seller after a period of use. See the seller’s listing for full details and description of any imperfections. See all condition definitions... Read more Type: Racing Bike
    Frame Size: 54 cm Gender/ Age: Unisex Adults'
    Brand: Specialized Suspension: No Suspension
    Brake Type: All Caliper Wheel Size: 700C
    Frame Material: Carbon Fibre
  • danowat
    danowat Posts: 2,877
    Could be wrong here, but I think the sale of goods act has little impact on private sales.
  • Lillywhite
    Lillywhite Posts: 742
    steelem wrote:
    thanks guys in giving me the reference - im gonna go to a small claims court on this

    If you want my advice then I think you're pissing in the wind and could throw good money after bad money.
    Your call, however. :roll:
  • steelem
    steelem Posts: 199
    i was advised by citizens advice yesterday that there was a case with this act - the seller has been back in touch & is offering me money for the wheels - if he pays me & give me a sram cassette then ill end this.
  • Lillywhite
    Lillywhite Posts: 742
    edited May 2010
    steelem wrote:
    i was advised by citizens advice yesterday that there was a case with this act .

    Did CA advise on the likely cost that you would have to fork out to pursue this through the small claims court? Legal buffs are quick to tell you have a case for a claim but not so good at telling you how much it might cost you if you lose. :shock:


    Reckon your best bet is to sort out with the seller as you indicate. Hope you resolve it quickly and will learn from the mistake. :wink:
  • moonshine
    moonshine Posts: 1,021
    look here - http://whatconsumer.co.uk/second-hand/

    specifically (wrt Sale of goods act)

    Firstly, remember that the statutory entitlement of quality and fitness for purpose only applies when buying from someone who is ‘acting in the course of a business’ i.e a second-hand car dealer. You do not have any legal recourse as regards quality where you are buying through an individual who is selling an item as a one-off private sale (although they must have legal title and it must be as described in the advert).

    wrt teh bit after the bold text,i think that by the fact that you inspected, prior to purchase, means you are up a creek, without a paddle.

    also in the section titled "I bought it from a bloke down the pub" which is in essence, what you have done,

    As mentioned in ‘How long should it last?’, the statutory term of satisfactory quality only applies if you have bought something from a commercial entity – a supplier or retailer who is acting ‘in the course of a business’. In this respect, your rights under Sale of Goods apply even if the item you have bought is second-hand, as long as you buy it from a registered trader or retailer. If you buy something from a private seller, you don’t have the benefit of this protection and must employ ‘buyer beware’. For this reason, take good care when buying a second hand car from a private seller.
  • Lillywhite
    Lillywhite Posts: 742
    Personally, I wouldn't place any store on what the people who work for CA tell me. :oops:

    As the previous poster has pointed out, we are back in the realms of 'let the buyer beware'.
  • danowat
    danowat Posts: 2,877
    Unfortanatly, I have to agree ^, whenever I'd had to deal with the CAB, all they seem interested in is getting me out of the place as quick as possible!!!
  • moonshine
    moonshine Posts: 1,021
    edited May 2010
    from http://www.tradingstandards.gov.uk/wirral/support/support1.htm

    Part about Private selling

    Buying Privately
    If you buy from a private seller, e.g. a car or other goods from the small ads in the local paper, the law gives you fewer rights than if you buy from a trader.
    In such circumstances, goods only have to be as described. They do not need to be free of faults or fit for their purpose. It is very much a case of buyer beware! You should thoroughly examine the goods before purchase. It may be a good idea to obtain an expert opinion on the goods if they are expensive e.g. a car or antique.

    If the seller says anything misleading about the goods and you buy on the basis of what is said, then you may be able to seek a legal remedy, but this is difficult to enforce. It is often good practice to ask for a description of the goods in writing.

    It is illegal for a trader to pretend to be a private seller and the trader can be prosecuted. He will be trying to take away your statutory rights. If you have purchased from a trader your normal statutory rights will apply.


    i've boldened a specific item of interest, however i think that as you inspected prior to purchase would most likely exclude you from this. Any transaction at arms length would have more scope to claim it wasn't as described.

    imagine the scenario...

    car advertised as blue, but it is red. You buy it at a distance, with no photos, and you wanted a blue car. case for money back - yes.


    scenario 2 - car advertised as blue, but it is red. You view the car, leasrn it is red, and dispite the fact you wanted a blue car, you still take the red one and pay after inspection. case for money back - No.
  • Lillywhite
    Lillywhite Posts: 742
    danowat wrote:
    whenever I'd had to deal with the CAB, all they seem interested in is getting me out of the place as quick as possible!!!

    IIRC, many of the people who staff CAB offices are often retired folk doing it on a purely voluntary basis.
  • bigmat
    bigmat Posts: 5,134
    Some more free legal advice - you don't have a leg to stand on. If you can get a refund on the wheels, go for it (although get the cash before you hand them over!). Small claims isn't expensive, low cost issue fee and you can't recover costs from the losing party so you wouldn't have to pay the other guy's costs even if you lost. Its time consuming, though, and you don't have a good claim so I'd just do a deal with the guy and put it down to experience.
  • giant_man
    giant_man Posts: 6,878
    softlad wrote:
    true - but the guy appears to sell a lot of bike stuff and has 100% feedback nonetheless, so he's obviously doing something right...
    I know but he's also selling cars from his front garden as well(!), and as for 'doing something right' well yeah he seems to be conning people well ...