89xr2

And remember if they took you to court they'd have to prove the damage was there when they bought it from you and didnt do it themselves. Otherwise it's all just heresay and they dont have a case.

peteh

iTrader: (3)

did you give a reciept?

KSA-Cossie

iTrader: (4)

Sold as seen fuck him off lee.

OldSkoolRS

Did you get him to sign anything that said sold as seen?

If so politely tell him to get fucked, this really isn't your problem. I'd also like to meet a solicitor who'd bother taking this on, he knows that as a private sale it comes with no warrenty. If he was that bothered about all that shit then he should have paid more and gone to the trader in the first place.

GTechR

Personally mate i'd call his bluff, at the end of the day if it goes to small claims your gonna have to have it back anyway.

I personally dont think trading standards would persue(sp). Has he told them the FACTS? or has he given them his version of the facts?

Say that although you really dont want to have to go to this extreme, and you are genuinely sorry that he's not happy, in hindsight, you feel that you HAVE been 100% straight with him, you sold the bike because you needed the money and you also sold it for far less than you wanted (i'm also assuming it's the geezer that wasn't the ebay guy, and explain all the shit that happend with that). Say that yes you feel bad but, if thats what he feels he has to do, even though you have made offers to in some way recoupe some of his money, then thats his choice and he should carry it on, also remind him should he loose, that he would have to pay costs.

I'd also contact trading Standards and find out your rights, tell em exactly whats happend, and also the offers you have made to cover some of his expence.

Lee Reynolds

peteh


no as i was told that they mean nothing in private sales... Reciepts are for traders i was told

Lee Reynolds

They had a look round it and asked a few questions....i answered and explained why i was selling and it was a genuine sal blah blah and how id mentioned the slide and other little scratches as im honest...

They looked round it, liked it. His dad said ''do the deal now'' he said he wanted to think about it...went away then phoned me later saying hed have it!

No further damage was mentioned or considered...i never gave it a second thought either...the bikes gorgeous....

Just text saying a compromise would be 600 quid for a new frame!

I said no, its already 7-800 under what non dropped ones with 5k miles go for...radiator out of pure kindness as im like that is all id stretch to....shouldnt even have to do that

OldSkoolRS

Its a dog eat dog world my friend, I think you are being waaaay too nice.

Sharpen your teeth!!

TIFF

Tell him Bollocks Lee

It ia ALWAYS nice people like you that get fucked over

Stand your ground and tell him tough shit, he should of checked it better......You gave him the truth and he didnt follow it up

Tangodeltasierra3

Lee tbh i would say fuck him, i once blew a saff coz up, a mate who rebuilds engines offered me a straight swap for his wifes Audi, i agreed, he came from Kent, took my Cozzy on AA truck saying it had just blown up on him etc...2 days later he rang saying wife wanted Audi back, i said no way, he instigated the deal etc, he threatened me with solicitor, i spoke to mine unoffically etc, i wrote to the so called mate detailing every stage of the deal & how he had struck the deal, rang the AA from my house etc fraudiently etc....never heard a thing from him in 5 years, BUT the thing is it's obviously doing your head in, so offer him £2000 back, get it checked over unofficially by a decent bike specialist, aint there one off Park Rd/Agnes Rd area, little back street jobby, see what they say, then try sell it again stating the fuller story or like someone said ebay it again. Dont beat yersen up over it mate.

Lee Reynolds

i just did with my last text. Ive tried being right about it but im just being threatened with legal action. I said quit the crap iv spoke to solicitor and im clear as i stated it had been dropped and i have not mislead them in any way.

I am loosing patience and my decent bloke image fast with this I have NEVER had this bollox with any car ive sold

I did once buy a right off unknowingly and tried selling on RSOC (white rst), tim buther made me an offer but as not quite enough so i let someone else view, he hpid it and it came back a right off, so i took it off sale and didnt contact tim over it. I let my mate have it at knock down price and lost loads on it ...

Id never sell anything misleading

Lee Reynolds

cheers craig, i doubt he take 2k for it tho, wants 600 off me for frame...like fook. I just said he got it for 7-800 less and knew he was taking a chance on a bargain, he said it wasnt cheaper there are loads round same price....why not buy one of those then instead of one thats been dropped?

patience is going now!

stevenebm

iTrader: (6)

nothing you can do mate.a know waht you mean i would feel shit aswell but would he give a damn if he sold it to you.thats the way you have to think.but if the guy was decent then its even harder to tell him to get to feck

Lee Reynolds

hes just said a decent bloke who didnt know about the dented frame would take it back....Why? I didnt know just like he didnt, so why do i lose and he doesnt?

ah im going to bed

S2martin

Hi Lee,

It looks like it's time to either put up or shut up i.e. jog him on and let him try and sue you or take it back and stop moaning (i don't mean that horrible mate just sounds it lol)

You sold it in good faith and he was happy when he bought it so you don't need to feel bad now he wants his dough back as he should of had things checked before he paid you.

On the other hand do you want/need the hassle of all this? plus the added aggro of then breaking/selling the thing?

If it was me i would think bollox to him and let him try and sue me as i sold it to the best of my knowledge as a good bike and he should of taken the time to have it inspected etc

HTH

Martin

Katie

I can honestly say Lee..hand on heart..if I was in your position I wouldn't refund him...

If I bought a bike, car..whatever..that I knew had been damaged (as you did, so got it for less than normal value) and then sold it on for less than normal value...providing details of why (to the best of your knowledge) you have nothing more to do..you rode that bike happily, didn't find any problems with it..and sold on a bike you were happy with..you didn't think ''ohh this is shonky..i'll advertise it as fine''

Keep the texts anyway..just as a record..

You paid under the odds, he paid under the odds...

At best...If you want to be (I think, overly) comprimising..tell him to sell the bike..as ''damaged''..and make up the difference he might lose..ie, if he sells it for £200 less..then it'll only change owners once more..he'll get rid, you'll get rid?

xrchris

as said mate, bought as sold as seen is sold as seen. you stated it had had an accident but didnt follow it up.

tbh when selling a car or bike always write a receipt out and both sign and get it photocopied or do 2 copies.

he has no real comeback though, obviously seeing your a nice bloke and just trying on his luck

Rs Baz

lee i dont want to be shitty but you are asking for advice.

your mind is saying you want to give him his money back why
ask other's here what to do it's what is on your mind mate do
it if it make's you feel better give him his money back.

id say dont bother giving his money back if he know's full well
the bike has been dropped or had some form of slide in the past

D7AKE

Totally agree

I bought a car and it had roblems and got stung I just had to take it on the chin

sold it on and took a couple of hundred loss on it and explained all the faults

Bloke rang and said he had nothing but trouble

I just said to him you had a cracking deal I was honest in my advert and put sold as seen

I did not hear anything again

TBH m8 if you are offering him a refund hes going to grab it I would have said sorry no refunds sold as seen from the start

Legally once hes had the car for 48 hours he aint got a leg to stand on hes relining on your good will

Si

Chris Honeywell

Well if i sold a bike and had told the guy it had been down on one side andn then he saw that the frame had been fillered then i would do as you originally said..
I'd refund him simple.

I did similar a good few years back..

Redkop

A difficult situation Lee and only your conscience can resolve it.

You deliberately lied on the eBay auction and actually described what had happened.... then later admitted on your other thread that you had 'guessed'.

Stating that you bought the bike from your friend and describing how the bike was dropped, would instantly make me suspicious to the fact, you knew the full extent of the damage, although on your other thread you say this 'friend' is only someone you went to school with and hadn't told you. You state 'hardly any damage was done'. I imagine this is what the buyer would base his claim on, in taking legal action.

IMO - I'm afraid the wording on your eBay auction has left you wide open to have legal action taken against you. You have mislead and lied on the auction.... although the buyer doesn't know you have admitted to 'guessing' what happened.

tregmatt

iTrader: (3)

leave him go down the legal route he asnt got a case you said about the
bike and what happened to it and he still bought it you got nothing to
worry about you covered yourself mate.

Redkop

He did not tell the truth about what happened to the bike.... HE GUESSED and fabricated a story!

Read Lee's other thread!

Andreas

If something like this happend to me I would ask myself one question.

"If this happend to you would you expect the seller to take it back?"

Micky The Finn

some real experts addvising you here lee,

read what i told you yesterday again,if he files this regardlesss of the out come it will cost you more than the 6-700 loss your looking at now!


by the way,these gsxr frames are highly stressed and were subject to a hushed up recal by suzuki,the frames tend to crack if used hard,ive seen two road bikes do this but about 8 race bikes,if this one has been dropped and the frame filled or welded it may well be a death trap,remember all you experts out there unlike a car that mite break down and stop or not handle well,a bike if it has a componant fail could possibly just kill the rider,is it the poor bloke who has just taken lee's word for the damages fault?after all he has only done what lee did when he baught it of his mate.

youve got a pup,deal with it correctly and move on.

Wazzzer

I like the way now he's trying to get £600 cash out of you and he'll leave it at that...

I had tht same kind of thing when my missus bought her car, the daft bint didn't do an HPi or any other check on it and when I eventually go to see it something was just wrong on it so I got one done, turned out to be a write off.

Got onto CAB who said if its got current MOT its fit for road use and theres nothing you can do about it

Micky The Finn

mot has nothing to do with fit for road use and is worth fuck all as evidence in court!!

next guesser please.

Wazzzer

I didn't just dream that up, I was told that by the CAB if you read it properly

Simon

Lee

What has the lads dad had to say on this as he told him to buy it, And with his 30yrs experience he should of known something was wrong

Micky The Finn

bollocks,


read the back of your mot,coz i cannot be arsed to type it out!
mot does not confirm roadworthyness of any vehicle other than at the time of test and covers tje minimum acceptable standard,its a basic check,they do not check for agninement or remove the body work,it would pass its mot even if the radiator was missing!!

cab no fook all,do not take anything they tell you about vehicles seriously.

ballin

iTrader: (1)

absolutely yes.

If he takes the sellers word for it then he deserves everything he gets, 99% of sellers hide something (not saying Lee was) but the guy should have bought with the attitude Lee was telling the rosey side of the story.

End of the day he should have checked it better.

sunny

iTrader: (1)

Seek proper legal advice mate. Hope it works out for you.

Sunny.

mark

mot means its fit for road use on the day of the test m8 if it passes theres another 364 days it can be unroad worthy

Micky The Finn

and if the rad splits and pisses antifreeze all over the rear tyre and the bloke gets killed or paralized do you really think lee will just be able to tell him to "jog on" piss off" fuck you" etc.

the buyer has rejected the vehicle on the grounds that its not as described and is unsafe and potentialy a danger to life.

try argueing that in court,

ballin

iTrader: (1)

the bloke bought the bike on the understanding it had been dropped - that was never covered up.
He should have assessed the damage before parting with cash, that was HIS duty.

Now he has found it damaged worse than he initially thought it is his responsibility to get it fixed, not Lee's. Yes its an unfortunate situation for the lad, but we've all been there and you learn from your mistakes.

Wazzzer

fine just don't make me out to be a guesser when all I've done is tell you my experience...

Anyways this might help you Lee...

When the Sale of Goods Act doesn’t apply

The Sale of Goods Act doesn’t apply when you buy a house or flat. And if you buy something privately (from a person rather than from a business, like a shop), the legal principle of ‘buyer beware’ applies, so you should check something carefully before you buy. This is because the parts of the Sale of Goods Act that say things must be ‘of satisfactory quality’ and ‘fit for their purpose’ don’t apply to private sales.

But you do have some rights when you buy privately (from a person, not a shop or other retailer). The law says that even private sellers must not ‘misrepresent’ goods to you by misleading you or lying to you about something. So, for example, a person must not give you false information about the age or mileage of a second-hand car they are selling.

If you relied on something a private seller told you when deciding to buy and it turned out not to be true, you may be able to claim compensation from them. But you may need legal help to decide whether you can do this and how to go about it.

There you go some proper legal stuff, the whole lot is here...

http://www.clsdirect.org.uk/legalhel...tion=4&lang=en

Micky The Finn

i do agree with you,but we are on lee's side here thinking about his best options and long term possibilities,however wrong or right the bike is or what ever the buyer didnt or did do wrong if this gets listed in court lee cannot stop it,he will have to go to court and defend himself which will probably require a solicitor,this will cost him regardless of wheather he wins or loses.
name of the game is damage limitation.

Micky The Finn

5. What if a product hurts someone or damages something?

Sometimes a faulty product may harm people or damage other things (for example, if an electrical appliance catches fire and damages your home). In this case, different laws apply, relating to what is called 'product liability'.

If a product injures someone or damages something, the manufacturer (or the importer) is responsible, under the Consumer Protection Act 1987. However, if the retailer cannot tell you who the manufacturer or importer is, the retailer will be responsible.

The Act says that you may be able to claim compensation if faulty goods cause injury or damage to property (as long as the damage amounts to at least £275). You cannot claim if you bought the item more than ten years ago. Remember that you may need to claim separately against the seller for damage to the product itself (under the Sale of Goods Act), because this is not covered by the Consumer Protection Act.

To claim against the manufacturer or importer, you have to prove that the product:

was 'defective' (it was less safe than you could reasonably expect, not just that it was of poor quality); and
caused the damage or injury.
You may need an independent expert to confirm that the damage was caused by the product being defective.

If a product has caused serious injury to someone, you will need specialist legal help from a personal injury solicitor. See the Community Legal Service Direct leaflet 'Personal Injury' for more information



with it being a motorbike this bit would worry me.