Well, not a dispute just yet, but i think it may be heading that way.

I was thinking of bidding on a vehicle on ebay. I thought about it for a couple of days and checked up on prices etc. I phoned the guy and had a lengthy discussion about the vehicle, and specifically asked him about service history and the proper stamped booklet, in which he said of course it has, blah blah, its got FSH with all paperwork and stamps.

Anyway, i bid on it, and won it, contacted the guy to arrange to collect it this weekend, and said as long as its as described and has all the relevant documents with it as discussed, ill have it.

I had a call from him a bit later, to say he doesnt think he ever had a booklet with it and will check tonight.

Ive just had an email saying it doesnt have a service booklet, and he said he's contacted the previous owner (who bought it brand new) and he confirmed he never gave him one. he then goes on to say, im committed to buy it as the listing never stated it had service history with it, so all buying rules apply.

Where do i stand on this as ive never had any sort of problems like this on ebay after about 80 transactions.

What would you do and what should i tell him?

Cheers.

 

obviously dont know what car it is, but the service history can often be the make or break as to if someone buys a car, i would stand your ground. If it didn't have the s/h would you have bidded? if no then stick em!

 

what car is it..??

if it looks like its been looked after in its life, doesnt look like its had any accident damage and is hpi clear, id still buy it n offer less money!!!

 

prove he told you he had it, sure you saved the messgae.....

 

Its not actually a car, its a bike. Its only done 2500 miles apparently, which is why i stressed how important the service history is to confirm the mileage. Its not even 2 years old yet so im now thinking its strange how the service booklet has just gone missing in that time.

zetecapri, no i dont have a copy of the messages as i spoke to him on the phone, and the first email i got was the one earlier tonight saying he doesnt have one.

 

pulling a fast one, might be worth doing a mutual agreement not to buy, both can leave + feedback, and he gets his listing fee back, so everyone is happy. No point kicking off unless you really have to .

But stand your ground, if he told you on the phone it had all the correct documentation then it is a verbal contract under the sale of goods act 1971, get on www.consumeractiongroup.com (or .co.uk, can't remember ) and find out some more info , but as far as I can see he lied intentionally or otherwise, so the item is NOT as described so you have no liability to complete the transaction as HE breached the contract by misdescribing the item..

 

Also, low milage bike 2 years old, immac bodywork and no history? Reeks of an ex race/track bike to me

 

If he told you prior to your bid...then you acted on the representation of the seller...whether by phone or whatever. You bid because he told you it had full fsh.

If he declined to mention s/h in his auction, whether it did or didn't have any....it's highly likely a prudent buyer would have requested information on this....even if it was to offer a smaller bid for a car that wasn't 100% as it lacked the fsh. It's like not saying the mileage...you know the car will have had to have done some...and you'd ask...to check if it was 10,000 or 100,000...to change your bid accordingly.

If you hadn't asked, then turned up and got arsey it didn't have fsh...it'd be a different story....but if you called him specifically to discuss this....and he gave you incorrect information prior to your bid...especially saying ''of course it has'' not just ''oh it may do, i'll look''....which to me, is a misrepresentation...it's different.

Email him stating your reasons for declining very clearly and eloquently..and save it so when he complains to ebay...it gets forwarded.

All imo of course...ebays rules are bid to buy....but that is item not as described surely...even if it wasn't described at all...

 

Not as described so no contract, walk away so to speak. Had he told you that you wouldn't have bid so he's not fulfilled things his end

 

if the listing has his contact details on it and you've contacted him prior to making your bid and then it's all been a lie you can withdraw not a problem

just email ebay and explain the situation

don't neg him until he starts a dispute though and then just put that the item was not as described n the sale as your reason for not going through with the purchase

 

Thanks all.

Katie, thats the thing, surely its the first thing anyone would ask with it not being in the listing. And with him initially saying it did have service history, im beginning to think he's mis-led me from the start now.


RWD_cossie_wil, you might be right there mate. He also 'forgot' to mention in the first phone call (before i bid), that the bike had adjustable racing clip-ons, which is a common thing for track bikes and not really necessary for road use.

The email last night also stated that he's had 3 services done on it since last summer and the condition reflects the mileage, but he first told me he had it from 1600 miles, and its now only done 2350 miles, so 3 services in 750 miles for mild road use??

Many things not adding up now. I also requested the previous owners contact details (as he said he contacted them last night about the service book), and he hasnt replied to me yet, so the balls in his court.

Cheers all.

 

The thing thats annoying me now is, he could leave me negative feedback even though its all down to him.

Can i get him to leave me posative, before i agree to mutually cancel the transaction, so then he gets his fees back, put it down as his mistake and everyones happy. I know its not how ebay should work with feedback as thats the whole point of feedback, but im not prepared to leave a negative and get one in return when i believe its not my fault at all.

 

sorry, but i'm missing something here

you've just bought a bike on ebay without viewing it and your moaning that it dosn't come with the advertised paper work

bit of 50/50 me thinks

out of intrest, has anyone else bought something of high value and didn't see it before buying it

 

but he's called the seller to make sure it's what it is first ebfore bidding on it

the seller has lied to him

 

 

The condition of the bike was not the issue mate. I was happy with the pictures in the listing and the other ones he sent me, so i was happy with the bike itself. He assured me that the bike has NO other marks or scratches (other than the one he sent me), to which i said ok, if its as you describe there wont be a problem and ill bid.

He told me it had FSH with the booklet, which would mean it should still be under warrenty. Now all of a sudden it has NO service history, and therefore NO warrenty, so that halts the deal in my eyes.

 

Walk away - if you email ebay and explain in full your concerns they should be able to remove any bad feedback IF he leaves you any

Clearly something dodgy like an ex racer

 

I recently had a bidder ask me a question in the last minute of an auction, saying she would bid if she was allowed to pull it if it wasn't what she wanted. before I could reply, she bid, the auction ended, I sent my reply and she said "Thanks, but it's not what I want so I won't bother" - as she had only bid Ł4.99 I wasn't that fussed and opened a dispute saying we mutually agreed not to proceed. Ebay contacted her and she replied to confirm this.

I got my fees back and was released from a duty to sell to her, and she didn't have to buy it.

If you can agree to cancel the sale he can follow this procedure and then relist the item, this time confirming there is no history.

PS - I think both parties can still leave feedback so agree on that too!

PPS - I don't know about service intervals on a bike but would it be due a service in 2400 miles? If not, what history would there be?

 

I've never left feeback for items where we've mutually agreed not to go ahead.

If he not got the service booklet how can he prove its been serviced 3 times? Or has he got receipts.

He told you it had the history, it hasn't, so on those grounds your not buying it - file an unpaid dispute where you mutually agree not to go ahead, I'd say your well within your rights

(could you phone a garage of the make give them the reg number and see what comes up under service history? In fact don't bother not worth the hassle, tell him to stick it )

Z

 

Still no contact from him, so i think i may have scared him off by asking for the previous owners details.

Iain Mac, it should really have had two services. cabrio Yes i could probably find out what services its had if i can find out the supplying dealer, and maybe get a replacement service book, but i cant even do that if he wont supply me with the info i need.

 

Ok ive just received an email back from him, and he now says that he tried to trace the previous owner but he no longer lives at that address and he has no forwarding address (even though he told me by email that he had spoke to him and he said he never gave him the service booklet with the bike).

Ive replied saying i thought you told me you had spoke to him, and said i think it may be best to leave it.

 

Very much looks like he's led you up the garden path mate, esp. with your recent additions! Stay well clear!

Can't you have 3 non paying bidder alerts before you get banned anyway?

 

Just received an abusive email from him now, calling me all the names under the sun!

I even stated in my last email that i was willing to mutually agree to cancel so he can get his fees back and this is what i get back in return.

 

Forward to ebay....

Somebody gets paid to read that sort of toss under the guise of ''customer service''.

 

post it here too and the name of the person so we can abuse him too