Help please - Mis sold a bike:(

DF33

Ooermissus, please help us out here....

rolf_f

Percy Vera wrote:

EKIMIKE wrote:

.... Take it on the chin, get it repaired at your own cost and don't make the same mistake twice!

He can't, he sent it back

He could pay the vendor to send it back to him (otherwise it is theft). Mind you, I daresay the OP would contrive to put himself in even greater disadvantage if he did........

de_sisti

Wasn't there a similar thread about a year ago that involved W*g*le?

DF33

This could make 20 pages

prawny

DF33 wrote:

This could make 20 pages

Only 20?

glasgowbhoy

EKIMIKE wrote:

DF33 wrote:

ooermissus wrote:

Really? Or did you just make these impressive sounding 'rules' up?

Err No, actually. (+ Link)

Mwahahahah, well played DF33!

Personally, and i point out i'm no expert, i think that this is most likely to be deemed a case of caveat emptor unless you go to some great lengths (and cost) to prove otherwise.

It is entirely possible that the seller thought it wasn't important and/or merely cosmetic damage. It would be harsh to assume he/she is intending to swindle you by being dishonest. This is the position the law takes unless you can prove otherwise (which is entirely feasible in theory, but at what cost?).

It doesn't seem apparent that the seller made any dishonest representations and omissions are only held to account where the is a duty of care, am i right? In this case there is no duty of care for obvious reasons.

Take it on the chin, get it repaired at your own cost and don't make the same mistake twice!

Are you the seller

Pokerface

So, without having a go at you here - what is the next course of action?

YOu shipped back the bike and the guy refuses to refund your money. Does that mean he'll now ship the bike back to you? If so, at who's cost?

Or is he refusing to refund the money OR return the bike?

What shipping costs were involved here?

ooermissus

DF33 wrote:

Err No, actually.

Unless I am mistaken and I will hold my hand up if so, pay pal state that in order to get involved in refunding payments then the item has to have been paid for through pay pal, posted (not hand delivered or collected by the seller) to the address on the pay pal account and to be signed for.

Perhaps you'd like to waste some time trawling through Pay pal and post up if not, I certainly won't.

I think you're confusing seller protection (which you link to) with buyer protection (the subject of this thread).

ronny123

Pokerface wrote:

So, without having a go at you here - what is the next course of action?

YOu shipped back the bike and the guy refuses to refund your money. Does that mean he'll now ship the bike back to you? If so, at who's cost?

Or is he refusing to refund the money OR return the bike?

What shipping costs were involved here?

He has my money, and the bike, and isn't returning my calls. I was told by phone and in an email via ebay that I would get a refund as soon as the bike was returned (which was 8am yesterday morning). Yesterday at noon he called me and said that I would have to wait to see if his insurance cover for the courier would pay out before I would see any of my money (up to 8 weeks). But as the frame was cracked before the bike left his house I don't see the point in this.

ooermissus

ronny123 wrote:

He has my money, and the bike, and isn't returning my calls. I was told by phone and in an email via ebay that I would get a refund as soon as the bike was returned (which was 8am yesterday morning). Yesterday at noon he called me and said that I would have to wait to see if his insurance cover for the courier would pay out before I would see any of my money (up to 8 weeks). But as the frame was cracked before the bike left his house I don't see the point in this.

he's probably re-listing the bike on ebay as we speak. (don't buy it again whatever you do)

derbygrimpeur

ooermissus wrote:

(don't buy it again whatever you do)

Pokerface

ooermissus wrote:

DF33 wrote:

Err No, actually.

Unless I am mistaken and I will hold my hand up if so, pay pal state that in order to get involved in refunding payments then the item has to have been paid for through pay pal, posted (not hand delivered or collected by the seller) to the address on the pay pal account and to be signed for.

Perhaps you'd like to waste some time trawling through Pay pal and post up if not, I certainly won't.

I think you're confusing seller protection (which you link to) with buyer protection (the subject of this thread).

All the buyer has to do is pay via paypal to be protected really. However, that doesn't apply in this case.

Pokerface

ronny123 wrote:

Pokerface wrote:

So, without having a go at you here - what is the next course of action?

YOu shipped back the bike and the guy refuses to refund your money. Does that mean he'll now ship the bike back to you? If so, at who's cost?

Or is he refusing to refund the money OR return the bike?

What shipping costs were involved here?

He has my money, and the bike, and isn't returning my calls. I was told by phone and in an email via ebay that I would get a refund as soon as the bike was returned (which was 8am yesterday morning). Yesterday at noon he called me and said that I would have to wait to see if his insurance cover for the courier would pay out before I would see any of my money (up to 8 weeks). But as the frame was cracked before the bike left his house I don't see the point in this.

OK - ignoring the wave of snarky comments that are going to be coming your way for the insane way you've handled this whole thing, perhaps some posters out there will have some GOOD advice on how to get this resolved for you.

Right now, your options seem to be either wait it out, small claims courts, a trip to his house with burly men and lead pipes, taking the bike back as is and getting it repaired or...


Anyone?

ooermissus

I would write to him, giving him a fortnight to resolve, and saying otherwise you're taking him to the small claims track of the county court.

Probably won't have much impact - but some people will strongly want to stay out of court.

ooermissus

Pokerface wrote:

ooermissus wrote:

DF33 wrote:

Err No, actually.

Unless I am mistaken and I will hold my hand up if so, pay pal state that in order to get involved in refunding payments then the item has to have been paid for through pay pal, posted (not hand delivered or collected by the seller) to the address on the pay pal account and to be signed for.

Perhaps you'd like to waste some time trawling through Pay pal and post up if not, I certainly won't.

I think you're confusing seller protection (which you link to) with buyer protection (the subject of this thread).

All the buyer has to do is pay via paypal to be protected really. However, that doesn't apply in this case.

Exactly - as was clearly stated early in this thread.

rolf_f

ooermissus wrote:

he's probably re-listing the bike on ebay as we speak. (don't buy it again whatever you do)

Unless the price is really good

RedJohn

ronny123 wrote:

I was told by phone and in an email via ebay that I would get a refund as soon as the bike was returned (which was 8am yesterday morning).

Told by the seller? (just want to check )

Keep that email, keep copies of it everywhere - that's the best, or even the only, leg you now have to stand on. If he said "as soon as", that's not "in 8 weeks after someone else has thought about it" (which sounds like bollox to me anyway), so I'd challenge him to issue you the refund inside a week, or it's court time. Give him a week, then actually do start court prceedings. It costs nothing, you can cancel it at any time, and it will show you're serious.

Don't do it by phone though, do everything by email or in writing (recorded delivery) because (1) you'll have a written record of everything that's said or agreed to, and (2), honestly not having a go at you, but it doesn't sound like you're the best at verbal negotiations so email/writing gives you time to think about how to respond.

Oh, and by the way, how much money are we talking about here?
If it's over £3k (Scotland) or £5k (England & Wales) it's too much for small claims court.
If it's £50 ... then I suggest you just swallow it!

markos1963

Unfortunatly for the OP he's chucked out any aces he held in his hand and given them to the seller. I know the term 'possession is 9 tenths of the law' doesn't strictly apply but in this case the seller is in a very strong position. He has the goods and the money. He can make you wait up to 28 days for a refund, that's the sort of time deemed reasonable by law, or longer if the goods have to be tested due to a dispute.
However I see some light at the end of the tunnel, the seller states he's going to make a claim against the courier for the damage, I can't remember if the seller has admited the damage was there before posting but if the evidense shows that he did know then his claim against the couriers is fraudulent. You could use this as leverage to speed your refund up and tell him he'll have to take his chance against the courier firm as you want no part in that claim.

Gazzaputt

ooermissus wrote:

I would write to him, giving him a fortnight to resolve, and saying otherwise you're taking him to the small claims track of the county court.

Probably won't have much impact - but some people will strongly want to stay out of court.

:shock: fortnight?

F*ck I'd be making my way to this dickhead's house today.

ooermissus

Gazzaputt wrote:

ooermissus wrote:

I would write to him, giving him a fortnight to resolve, and saying otherwise you're taking him to the small claims track of the county court.

Probably won't have much impact - but some people will strongly want to stay out of court.

:shock: fortnight?

F*ck I'd be making my way to this dickhead's house today.

You have to give a reasonable period to resolve before going to court - or you'll lose out on the settlement.

I would also include in the letter some blather along the lines of "I see that xx police authority is tackling internet fraud on a priority basis. I will therefore be reporting you to y police station when the fortnight is up."

Again, unlikely to work, but it might make him feel under pressure.

This assumes, of course, that you won't be taking the direct approach.

glasgowbhoy

I'd be driving from Glasgow 'Team handed' to deal with this face to face If he was blanking my emails and calls after sending back the frame. I'd have agreed to pay part of the listings fees but want a full refund for the purchase price of the frame.
Time for some action mate.

gilesjuk

Always use paypal with ebay. Unless you go and collect in person, where you can inspect and pay cash.

Bank transfers are no different to just mailing someone some cash in the post. Banks can't refund or even get back the money if you pay into the wrong account.

derbygrimpeur

gilesjuk wrote:

Banks can't refund or even get back the money if you pay into the wrong account.

yes they can. It's a faff, but it's possible with cooperation from the recipient bank (which always happens). Anyway, that's not even relevant to this topic.

bendertherobot

So,

he agreed to it being returned.

he agreed to it being refunded.

he claims the courier damaged it, (his issue).

Small claims. I have no idea where a lot of the stuff above comes from. Most of it is rubbish.

Give him 7 days, issue proceedings.

He'll either turn up and lose or he won't and you'll get judgment.

I won't pretend getting the money out of him will then be easy. But at least it's a start.

peter101cycle

Wow, really sorry for the OP who has made a right old mess of the whole thing and has given the evidence of the bike back to the seller.

Just be warned about Small Claims if you go down this route that even if you do get a judgement against the seller, they can plead hardship and can get a repayment schedule that is pittance per month and takes an age to get your money back. But on the upside, a judgement against their name makes it very difficult for them to obtain credit or a mortgage as they have a CCJ against their name.

Good luck and lets us know how you get on.

wishitwasallflat

Don't go to his house and threaten him that just makes you on the wrong side of the law as well - and if you arrive and he's armed or more mob handed than you then what ...?

Give him notice and if he fails to meet it start a claim via small claims. I did one last year and you can start it online (I think it costs £80) and if he contests it go to court stay calm argue your case (present all paperwork in an orderly fashion) to the judge and hope for a good outcome.

ooermissus

bendertherobot wrote:

Small claims. I have no idea where a lot of the stuff above comes from. Most of it is rubbish.

Care to back that up?

de_sisti

Just in case it's needed.

jim453

This is pretty similar to Steelem's thread of a couple of years ago. But nowhere near as funny.

jim453

This is pretty similar to Steelem's thread of a couple of years ago. But nowhere near as funny.