Help please - Mis sold a bike:(

JimboM

Couple of questions re going to small claims court

1. Wouldn't how the bike was described in the original ebay ad have an impact on any decision that was made eg if advertised as 'in excellent condition' then clearly it wasn't but if it said something like 'has a couple of marks' a judge may argue that the buyer should have asked more questions.

2. As has been mentioned already, when the OP signed for the original delivery he was probably also agreeing that the goods were undamaged - I know no one actually stands there and checks their parcels before signing but how would the courts view this

Gazzaputt

wishitwasallflat wrote:

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.

Of course don't threaten him but a knock on the door with car of mates in the back ground and a simple statement 'I'd like my money back please'.

Of course could back this up with swinging a golf club through the air.

brucey72

As others have mentioned I would go down the route of the small claims court, I have am going down this route at the moment to try and get a £250 wheel clamping charge refunded and I have found the process is very 'claimant friendly'. I realise it doesn't guarantee you your money back but a lot of people will panic when they receive court documents through the post and hopefully think it simpler to settle or at least enter into correspondence/negotiation.

If judgement is made in your favour then you should get your money back or at least gain some comfort in the knowldge that they have a CCJ hanging over them which affects their credit rating, making any type of credit more difficult to obtain. For the sake of £30 it is certainly worth a punt. However, before issuing the proceedings send them a letter outlining your intention to issue proceedings in the next 14/21 days should you not receive your money back and also keep a record of every phone call, conversation and piece of correspondence sent as you may need to rely on this evidence should the matter be disputed and go to court.

If this fails then turn up at his doorstep and in the words of Marsell Wallace from Pulp Fiction fame kindly advise him : "I'm gonna call a couple of hard, pipe-hitting n***** to go to work on (you) with a pair of pliers and a blow torch. I'm gonna get medieval on your ass" .........................It may either do the trick or lead to your incarceration at Her Majesty's Pleasure

ronny123

Emailed him this morning stating my intent to take him to court and summarising our dealings up to this point. Got a refund minus postage costs within an hour

Holyzeus

Thats excellent news mate

ronny123

Thanks for the advice... and judgements, I know I behaved idiotically but I felt that I had enough evidence to show that I was not at fault.

If anyone is looking to buy or is offered a Ridley Orion in the Kent area, don't be as daft as I was. :oops:

DIESELDOG

ronny123 wrote:

Emailed him this morning stating my intent to take him to court and summarising our dealings up to this point. Got a refund minus postage costs within an hour

Haven't commented on this thread but have read from start to finish. All I'm going to say is I'm glad you have had your refund, even if you have lost out on the postage costs.

Good result given the circumstances.

Love n hugs

DD

Gazzaputt

ronny123 wrote:

Thanks for the advice... and judgements, I know I behaved idiotically but I felt that I had enough evidence to show that I was not at fault.

If anyone is looking to buy or is offered a Ridley Orion in the Kent area, don't be as daft as I was. :oops:

Kent?

I'd have pop round for you.

Cracking out outcome pardon the pun.

brucey72

Excellent result and my aplogies for a rather terse response earlier in the thread,

ooermissus

ronny123 wrote:

Emailed him this morning stating my intent to take him to court and summarising our dealings up to this point. Got a refund minus postage costs within an hour

Superb. It's amazing how often the threat of court works. You must be very relieved.

dodgy

Ah, so it's this one? http://www.ebay.co.uk/itm/ABSOLUTELY-ST ... 336cfcfe43

RedJohn

Mint condition :shock:

Result though, well done.

markwb79

dodgy wrote:

Ah, so it's this one? http://www.ebay.co.uk/itm/ABSOLUTELY-ST ... 336cfcfe43

'BIKE IN SUPER CONDITION '

---

cant be the same bike!

ooermissus

dodgy wrote:

Ah, so it's this one? http://www.ebay.co.uk/itm/ABSOLUTELY-ST ... 336cfcfe43

It's amazing that ebay allows sellers to explicitly say in their ad text that they won't take paypal, when afaik it is compulsory to offer paypal at least as an option.

benjboy

He has another bike for sale a Boardman :roll: Might put a bid on it ..........................................................................................................NOT ..

benjboy

Have just sent him a message asking about crack's on his Boardman and paying through paypal as it gives me peace of mind...Lets see what happens now..

ooermissus

benjboy wrote:

Have just sent him a message asking about crack's on his Boardman and paying through paypal as it gives me peace of mind...Lets see what happens now..

Fab.

Rigga

Glad its sorted, i was just going to tell you to petrol bomb his house too.

RedJohn

So how much longer will he have 100% feedback?

de_sisti

benjboy wrote:

He has another bike for sale a Boardman :roll: Might put a bid on it ..........................................................................................................NOT ..

Is that the one with an upgrade of "carbon folks"?

fleshtuxedo

Advertised spec does not match the bike at all - there's no Ultegra 6700 anywhere and what chainset exactly is that?

OP - you need to check the ads more closely or get someone to help you if you're going to buy a bike off ebay, even if the frame had been okay you would still have been "done up like a kipper" as I believe they say in Kent.

dodgy

He's withdrawn the other bike I think, at least there's no longer anything under his for sale items.

arlowood

dodgy wrote:

He's withdrawn the other bike I think, at least there's no longer anything under his for sale items.

???? As of of 3.15pm today the Boardman auction was still ongoing with 3 bids up to £100.01

http://www.ebay.co.uk/itm/220878368541? ... 1438.l2649


Looked at his pics closely and did spot a telltale mark on one of the chainstays (bottom RH corner of the pic showing the close-up of the 105 rear mech and cassette). Could be just a scratch :?: - will be interested in the response to Benjboy's query. He has certainly not posted any questions for public viewing.

BTW under the "Postage and Payments" tab on the listing it does say "Accepted" against the Paypal option - probably because it is there as a default. So essentially he can't refuse it if you insist. Suppose he could just pull out of the sale but his feedback would be trashed if he did this on a regular basis.


Auction still has about 20hrs to run so will watch to see if it runs its course.

dodgy

Looked at his pics closely and did spot a telltale mark on one of the chainstays (bottom RH corner of the pic showing the close-up of the 105 rear mech and cassette). Could be just a scratch :?: -

I think that is just the seam of the chainstay slap protection sticker?

Pokerface

SO - glad you got it sorted and even though you lost some postage costs - the lesson you learned (and hopefully taught a few other people here) is that you should never, ever, ever pay for something from ebay by any other means besides paypal unless you know the seller, or collect (and inspect carefully) in person!

Pokerface

ooermissus wrote:

dodgy wrote:

Ah, so it's this one? http://www.ebay.co.uk/itm/ABSOLUTELY-ST ... 336cfcfe43

It's amazing that ebay allows sellers to explicitly say in their ad text that they won't take paypal, when afaik it is compulsory to offer paypal at least as an option.

You can't list an item without putting Paypal as a payment option. There used to be an option to report ads that try and circumvent the paypal payment option (like this ad does). If eBay see it, they will pull the ad (but unless it's reported, they don't always see it).

If you were to bid and win and insist on Payapl, the seller would have to accept - or you could report them to eBay and their account would be suspended.

bendertherobot

http://www.ebay.co.uk/csc/cannondalebad ... 11.c0.m283

Gets through his bikes this one!

arlowood

bendertherobot wrote:

http://www.ebay.co.uk/csc/cannondalebadboy/m.html?rt=nc&LH_Complete=1&_fln=1&_ipg=25&_trksid=p3911.c0.m283

Gets through his bikes this one!

Maybe I'm being a bit uncharitable but it occurs to me that someone who can shift ten 2nd hand bikes in as many days must have a very good purchasing/ re-selling strategy.

Or maybe someone should be checking the Bikes Stolen forum on here to see if there are any that match. Or send the link to his sales to the kent rozzers just out of public duty

benjboy

No responce at all from this seller.Must be keen NOT to sell it :roll: ... Just wondered how he has got 100% feedback does not even respond to questions.....

benjboy

Has now removed Bank transfer,now paypal or cash on collection must be reading this thread .