[byevilroot]

Here's my sorry tale, you should probably get the kleenex out.

I bought a pair of bike cranks I'd seen on ebay but when they arrived, one of the bearings is obviously damaged, the bearings aren't even from the specified manufacturer and the set is incomplete.

None of the above was mentioned in the description. I know you're thinking 'just tell ebay' right? however, I didn't buy them through the bidding system but privately hence ebay aren't involved.

I still bought them on the strength of the description though and believe I have a case under the sale of good act. i.e. item not as described and I am entitled to a replacement or full refund.

i have requested either from the seller but he refuses to admit the problem and in his words 'it's not gonna happen'.

So i wrote him a letter saying if he doesn't and he doesn't wanna get involved in some sort of mediation I will lodge a claim in the small claims court.I have given him a week to respond or I start the claim.

I realise my case relies on me proving that the items were not as described. Any advice?

I am already thinking about getting the opinion of some local bike shops as to the condition of the bearings + whether the set is complete and from the specified manufacturer. I have also requested that ebay send me a copy of the item description, so that it can't be implied in any way that I've changed it.

Please, if you have any advice at all I'd like to hear it. Especially if you have a legal background or have personal experience of the small claims court.

Ta very much.

Cheers for your ears.

[Eric_Collins]

did you pay with paypal ?

if yes then they can force the seller to accept to take it back and they will 'hold' funds untill you give them proof of the items been shipped .ie.. recorded mail number.

I had a Tw*t do this to me, i sold a phone , he resold it and wanted a full refund. he got paypal involved they held ?17 of mine for 10 days untill the phone was returned. It wasn't as he resold it ( it was in his feedback as being resold ) i did get the ?17 back. I then got a neg off him forbeing a lieyer ?

Small claims costs you ?30 , but 9/10 cases are resolved by sending a recorded letter stating you are going to take them. I've also been down that road too.

BTW what crank did you get ?

I got a RaceFace DH with BlackSpire ring on a MR Dirt GIzmo for ?60 back when ebay wasn't so pricey, I even picked up a pair of Mr Dirt Monster 9 inch travel USD forks for ?100, shop price is ?1500 if you can find them ( as there hand made to order ) and a Mr Dirt 0deg head clamp for ?10 !!!!
________
VAPOR TOWER VAPORIZER

[byevilroot]

Cheers boss,

shame i paid cash but at least i've sent a letter that must be signed for stating that i will be looking to make a claim.

Cranks are Profile race ones but it's the bmx bb i'm having the issues with.

indeed ebay can be so good and sometimes sooo bad.

Good to know there's someone else who's had my experience.

[BasilRathbon]

Caveat Emptor, as my old latin teacher used to say.

You say that "I didn't buy them through the bidding system but privately hence ebay aren't involved", but you then want Ebay to supply you with the item description. I can't see how they'll be willing to co-operate if you've gone against the rules of their site. Indeed, their help page explicitly states
"eBay prohibits email offers to buy or sell listed items outside the eBay web site. Offers of this nature circumvent eBay's fee structure and are a potential fraud risk for both buyers and sellers."
http://pages.ebay.co.uk/help/policie...ebay-sale.html

I'm no lawyer, but I don't think there's a lot you can do. Just put it down to experience and don't get bitten again.

[byevilroot]

What you're saying is that you give up your rights if you purchase anything outside Ebay, IMO this is wrong.

The sale of goods act applies to any seller. It's incidental that the item description was posted on Ebay, could have been advertised in a paper or wherever.

The fact that Ebay doesn't like you doing it is because they don't get a cut. Ebays rules are not the law. They may send me the description (which is readily viewable) or may not, I will see. I stated to them that I need it for evidence so they know it's important. It's not as if I'm asking them to reveal anything private anyway.

You've basically told me just to accept the fact that I've been ripped off. Which is what the seller is counting on and leaves me feeling . Instead I've done something about it and now he has to think what he wants to do.

if you're being walked all over, you should do somethin about it.

[byevilroot]

Caveat Emptor means nothing in this case as I bought the item from the description, I had no chance to examine the item.

I think you should stick to your day job. i.e. carpet. sorry I'm just being cheeky.

[never wrong]

from being on the www for a few years it has become quite obvious that ebay is not the place to do business unless you are aware of the problems it may cause 1000,s of complaints and disputes per year but millions of sales

some have gone wrong expect it but dont complain we all know the nature of the beast so the best thing to do is leave it alone.

AND CAVEAT EMPTOR does apply it translates BUYER BEWARE aptly in every compalint you see

[byevilroot]

Private sales

When you buy goods from a private individual, you don't have the same rights as when buying from a trader. The legal principle of caveat emptor, or ‘buyer beware’, operates. You have no rights to expect that goods be of satisfactory quality or fit for their purpose, but there is a requirement that they should be ‘as described’. You should check goods thoroughly before you buy them.

The above can be found on several local government websites and offers advice on the sale of goods act relating to private sale. As the seller would not release the item until payment was recieved I believe he is obligated to make sure the item is described properly.

I do conceed that buyer beware applies but so does the requirement that the item is described properly.

[weenireeni]

how much money have you actually spent? just wondering if its worth pursuing, financially?

[byevilroot]

It costs £30 to make a claim, which is paid back to you if you win.

It would cost me more than this buy the missing parts and replace the faulty one.

[jinnertomcat]

I could be wrong but I thought that the Sale of Goods / supply of Services Act only applies to business sellers ???

[happyhippy]

Originally Posted by byevilroot

Here's my sorry tale, you should probably get the kleenex out.

I'll do this bit by bit for clarity.

Originally Posted by byevilroot

I bought a pair of bike cranks I'd seen on ebay but when they arrived, one of the bearings is obviously damaged, the bearings aren't even from the specified manufacturer and the set is incomplete.

None of the above was mentioned in the description. I know you're thinking 'just tell ebay' right? however, I didn't buy them through the bidding system but privately hence ebay aren't involved.

Were these the ACTUAL items listed? I know that sounds very daft, but if you bought them outside of the bidding system, how were they offered to you? You have no guarantee that they WERE the items listed. Second highest bidder?, or 'Ere, I've got another set if you're interested?', or did you approach the seller? Do you still have the email correspondence?

Originally Posted by byevilroot

I still bought them on the strength of the description though and believe I have a case under the sale of good act. i.e. item not as described and I am entitled to a replacement or full refund.

Possibly, but the nature of the sale is key, as is whether they ACTUALLY ARE the items listed.

Originally Posted by byevilroot

i have requested either from the seller but he refuses to admit the problem and in his words 'it's not gonna happen'.

So i wrote him a letter saying if he doesn't and he doesn't wanna get involved in some sort of mediation I will lodge a claim in the small claims court.I have given him a week to respond or I start the claim.

I realise my case relies on me proving that the items were not as described. Any advice?

It also relies on proving that you dealt with that seller, as well as what I said above. If you paid cash (i.e. not cheque, credit card, etc.), you could be on really dodgy ground.

Originally Posted by byevilroot

I am already thinking about getting the opinion of some local bike shops as to the condition of the bearings + whether the set is complete and from the specified manufacturer. I have also requested that ebay send me a copy of the item description, so that it can't be implied in any way that I've changed it.

It's nothing to do with ebay; you have acted outside of their guidelines. End.

Originally Posted by byevilroot

Please, if you have any advice at all I'd like to hear it. Especially if you have a legal background or have personal experience of the small claims court.

Ta very much.

Cheers for your ears.

Best of luck, but, depending on how much you spent, you may well be best chalking it up. I'm assuming it's a small amount, as buying expensive things without seeing them first, is pretty silly in my honest opinion.

[NatalieSheff]

who did u buy from-lets all avoid!!! my heart goes out to you-some people on there are horrible

[happyhippy]

Originally Posted by jinnertomcat

I could be wrong but I thought that the Sale of Goods / supply of Services Act only applies to business sellers ???

The seller may be a trader, which is why I said possibly. Forgot to make that clear .... oops!

[byevilroot]

I have just received a call from the seller saying that he had recieved my letter.

He has offered me the money I need to replace the bearings with new ones £15 and will send the washers to make the set complete. Although I doubt that the washers are from the original manufacturer I do not mind, as they are only washers and I am a reasonable guy.

Compare this to his attitude to before I sent him the letter stating my intention to make a claim in the small claims court. Yesterday he refused to admit the bearings were damaged and advised me to go and look for some washers myself.

It's not an ideal situation because I still have to press the bearings into the cups myself (luckily I have access to a bearing press) but at least it's something.

[byevilroot]

it seems that do nothing was the wrong answer

[happyhippy]

Originally Posted by byevilroot

I have just received a call from the seller saying that he had recieved my letter.

He has offered me the money I need to replace the bearings with new ones £15 and will send the washers to make the set complete. Although I doubt that the washers are from the original manufacturer I do not mind, as they are only washers and I am a reasonable guy.

Compare this to his attitude to before I sent him the letter stating my intention to make a claim in the small claims court. Yesterday he refused to admit the bearings were damaged and advised me to go and look for some washers myself.

It's not an ideal situation because I still have to press the bearings into the cups myself (luckily I have access to a bearing press) but at least it's something.

Nice one! Glad it worked out well.