ripped off

Slater

steelem wrote:

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

The ebay ad means nothing because you didn't buy it through ebay. He could just say that bike had nothing to do with the one he sold you.

I don't think he intentionally described the bike as a medium to mislead - he probably just guessed the size becuase there was no sticker - there would be plenty of people who would have wanted a large as well. You should have spotted his mistake.

Just sell it and move on.

antfly

Small claims court is about £100 so hardly cost a fortune.

rolf_f

antfly wrote:

Small claims court is about £100 and you get that back if you win so hardly cost a fortune.

But unless he has a receipt from the vendor saying that he paid 2k for a Specialized S Works size 56 cm frame when infact it was a 54, he can't win so it is pointless bothering. Ultimately he ends up wasting his time, the vendors time and the courts time. Better things than this for wasting tax revenue on.

Of course, the vendor might be keen to avoid court if he isn't paying tax on his transactions.....

justresting

forgive me if I'm missing something but surely it wouldn't matter what size it says/ doesn't say on the bike, you sit on it , give it a try, then it fits or it doesn't? or at least you should be able to tell if a bit of tinkering/ replacing will make it fit. you're talking about 2 GRAND for Gods sake!!!!

Soni

justresting wrote:

forgive me if I'm missing something but surely it wouldn't matter what size it says/ doesn't say on the bike, you sit on it , give it a try, then it fits or it doesn't? or at least you should be able to tell if a bit of tinkering/ replacing will make it fit. you're talking about 2 GRAND for Gods sake!!!!

Exactly what i was about to post.

I've just purchased a new bike albeit from a shop, however despite what number a manufacturer decides to put on a frame, i still sit on it and take it for a test ride, surely you did this?

If you did, then one assumes it fits you, otherwise you wouldn't have purchased it right?

Therefore, you've got a bike that you could have got from here: http://www.cyclestore.co.uk/productDeta ... ctID=17414 which is up for (at a 20% discount) £2739.00 and you got yours for £2000.00, ok not as much a saving as it would have been if it was the SL2 which is up here http://www.jejamescycles.co.uk/speciali ... 28588.html for £4199.00, as that would have been a bloody good deal you would have got....but you've still saved money, although i wouldn't have and i'm sure you wouldn't have purchased the Pro for 2K when you're only saving £700.00 (although that is a lot of money) but surely the most important factors are:-

A. The cabon is in perfect condition and not scratched/cracked.
B. The thing is legit and not hot to touch!

Also, if the guy is offering you a £400.00 refund due to that wheel, then fair play to him, as some have said they wouldn't have done it!

TurboMonkey

Through some experiences with a similar ordeal last summer, the sale of goods act does offer you some limited recourse under the misrepresentation clauses as mentioned above.

I've been told that the word of the seller counts as a verbal contract, obviously its your word against his in the eyes of a magistrate.

If you feel that the goods have been unreasonably misrepresented, to the extent that the odds would be stacked in your favour. Only then would it really be worth going to the small claims court.

steelem

He said via email on Friday that I would have 200 in my paypal over the weekend monday morning still nothing his meant to be collecting these wheels tommorrow I get the feeling I'm being played - if I never had a family then I would be up in Nottingham now I swear I could kill

stokepa31

just dont release those wheels till you get the money.

softlad

steelem wrote:

He said via email on Friday that I would have 200 in my paypal over the weekend monday morning still nothing his meant to be collecting these wheels tommorrow I get the feeling I'm being played - if I never had a family then I would be up in Nottingham now I swear I could kill

you seem to be oblivious to all the posts which are telling you that 'you haven't got a leg to stand on' - is that deliberate, or are you having trouble understanding what is being written..?

bendertherobot

TurboMonkey wrote:

Through some experiences with a similar ordeal last summer, the sale of goods act does offer you some limited recourse under the misrepresentation clauses as mentioned above.

I've been told that the word of the seller counts as a verbal contract, obviously its your word against his in the eyes of a magistrate.

If you feel that the goods have been unreasonably misrepresented, to the extent that the odds would be stacked in your favour. Only then would it really be worth going to the small claims court.

Private seller - no good on sale of goods act.

Magistrate - deals in criminal law.

Small claims court - correct. basically the Judge will just decide who he believes.

Slater

steelem wrote:

I swear I could kill

Why? he hasn't ripped you off. You saw the bike before paying for it and handed over the money. Why did you hand it over if it wasn't what he said it was? It's your own fault.

steelem

you try a top in the shop on you get it home notice its frayed a little - you take it back - get your money back - so i have got a leg to stand on - the discussion was a 54 frame sl wheels - now i never had a measuring tape & those wheels looked the same - only when i got them home i noticed it wasnt what it should be - the buyer has a right end of!!

softlad

steelem wrote:

you try a top in the shop on you get it home notice its frayed a little - you take it back - get your money back - so i have got a leg to stand on - the discussion was a 54 frame sl wheels - now i never had a measuring tape & those wheels looked the same - only when i got them home i noticed it wasnt what it should be - the buyer has a right end of!!

I'm not sure if you are bothering to read the replies you are getting.....

In a retail transaction you are protected by the sale of goods act - hence why you can take back the frayed top in your example.

In a private transaction involving secondhand goods, you have no protection other than your own 'sold as seen' and 'buyer beware' guidelnes - which you seem to have comprehensively ignored, like all the replies on this thread.

Sorry fella - you are lumbered - get used to it.

moonshine

steelem wrote:

you try a top in the shop on you get it home notice its frayed a little - you take it back - get your money back - so i have got a leg to stand on - the discussion was a 54 frame sl wheels - now i never had a measuring tape & those wheels looked the same - only when i got them home i noticed it wasnt what it should be - the buyer has a right end of!!

FAIL!!!

This shows a fundamental misunderstanding of what has gone on here! If you bought a "top" from a store, then you are entitled to return it (though you may only be entitled to a credit note....)

If you bought same top from a guy in a pub, then you have no recourse...

dry your eyes..put it down to experience and get on with your life.

stop whining & take some effing responsibility for your actions... there is noone to blame here but yourself. stop looking for a scapegoat where there is none.

redddraggon

Ha Ha, this thread is nearly as good as the "Be Warned" thread.

Alinshearah

I've complained to Wiggle on behalf of the OP

Percy Vera

It can't be made any clearer than what Softlad & Moonshine have posted.
The title of this thread should be, "I've been a fool - I didn't look at the bike I was buying'

As has also been said before, you saw it before you handed over £2k - come on it wasn't as if there was a small scratch that you missed, it was a whole bloody wheel!! And the size of the frame!!! Surely at least you sat on it???

cougie

You got a bike thats worth a lot more at a bargain price. Its your fault you didnt check the spec and if you cant tell the size of the frame you want, then dont splash 2k out on it.

I'd not buy off ebay - or even off off of ebay again if I were you.

giant_man

+1 - percy vera

amazing, the advice he's been given and his perstistence in completely ignoring it ....

kfinlay

giant mancp wrote:

+1 - percy vera

amazing, the advice he's been given and his perstistence in completely ignoring it ....

+2

It's no wonder he got himself in the situation in the first place. complete muppet :roll:

kingrollo

Guys give the guy a break !

He's 2k down ! - he saw what he thought was a good deal and went for it. Hindsight is a wonderful thing - the guy is just asking for any ideas how he can get his money back.

My advice - threaten the legal stuff - but be prepared to cut your losses.

At the end of the day - the seller can re post the bike on ebay - and sell it - to someone who fits - so morally the OP should get his cash back

moonshine

its not about giving him a break.....

he has asked for advice on what he can do....and where he stands legally.

The unfortunate answer is that he doesn't have a leg to stand on.

The OP is making noises about his rights under the "Sale of Goods Act" which clearly don't apply in his situation (however unfortunate), but he is better finding that out here, now, than wasting more time and money at a later date and getting laughed out of court.

His statement about buying a top from a shop, and being able to return it, thus demonstrating that he has rights in his scenario, shows a fundamental misunderstaning of the law...

I've no vested interest in this situation either way... but those are the facts... thats it. I'm not going to try and sugar coat it, Sorry.

kfinlay

Give him a break! He goes and pays out £2k on a bike without properly checking it out - fair enough we've all been silly at one time or another. But to then come on a forum, ask for advice only to be completely blinkered and ignore the advice given is plain stupid.
It only makes me think that he didn't listen to the guy when they had their phone conversations and heard only what he wanted to hear. :roll:

giant_man

moonshine wrote:

its not about giving him a break.....

he has asked for advice on what he can do....and where he stands legally.

The unfortunate answer is that he doesn't have a leg to stand on.

The OP is making noises about his rights under the "Sale of Goods Act" which clearly don't apply in his situation (however unfortunate), but he is better finding that out here, now, than wasting more time and money at a later date and getting laughed out of court.

His statement about buying a top from a shop, and being able to return it, thus demonstrating that he has rights in his scenario, shows a fundamental misunderstaning of the law...

I've no vested interest in this situation either way... but those are the facts... thats it. I'm not going to try and sugar coat it, Sorry.

Absolutely! That's about it imo ....

cougie

He's not 2k down - he's got a bike that he valued at 2k. OK so one of the wheels is not as he thought it was - but its still a substantial saving on a new bike.

Worse case is that the bike doesnt fit him and he has to sell it on ebay - he may end up a bit down on the deal, but he'll have learnt a lesson. Hell - if he finds another muppet to buy it - he could even make a profit !

Soni

cougie wrote:

He's not 2k down - he's got a bike that he valued at 2k. OK so one of the wheels is not as he thought it was - but its still a substantial saving on a new bike.

Worse case is that the bike doesnt fit him and he has to sell it on ebay - he may end up a bit down on the deal, but he'll have learnt a lesson. Hell - if he finds another muppet to buy it - he could even make a profit !

No worse case is the bikes nicked, this would be my major worry, not about the size (as i would have checked that first) and as for the wheels, that wouldn't really bother me as would put that down to my own stupidness of not checking first!

guilliano

The OP keeps saying he didn't have a tape measure..... so what? Different manufacturers measure to different parameters...... some to the top of the top tube, some to the top of the seat tube. Frame size is not an exact science so measuring wouldn't have mattered. My Giant Defy Advanced says on the sticker it is a 55.5cm but I can measure it as up to a 58cm depending how I measure.

kingrollo

OK maybe legally he doesn't have a leg to stand on. - that doesn't mean he waves goodbye to his £2k.

If it comes down to forcing the issue legally hes lost - his best bet here - is to threaten the legal stuff, and hope the other guy has some skeletons in the cupboard, and he'd actually rather not go to court - and some settlement is negoitated.

I once was claiming constructive dismissal against my employer, the legal soundings I took were that I would be fortunate to win my case - however I named my price and threatened a tribunal - we settled out of court.

Keep at it OP - you can get something here !

softlad

kingrollo wrote:

OK maybe legally he doesn't have a leg to stand on. - that doesn't mean he waves goodbye to his £2k.

But he hasn't 'waved goodbye' to his £2k, has he - he willingly handed it over in exchange for a bike which he obviously accepted was of equal value. If he didn't think that, I guess he wouldn't have handed over the money.

butcher_boy

Greed, Greed Greed

You thought you where getting a bargain but greed made you go with an off eBay sale to save even more :shock:

Stop going on about the wrong size. You saw the bike, you sat on the bike & still you couldn't walk away. Why? Greed.

Swallow it & move on