Lee Reynolds

Thats absolute shit! No one knows ANYTHING for sure mate! You could buy the mintest HPI clear car ever and it still could have had some previous unrecorded damage and be ever so slightly bent! Just like these wheels, if it is not obvious they are bent, and it cant be or stuart wouldnt have bought them, then he was bound to say they are straight!

timrud

You do not have a leg to stand on really legally or moraly IMO.

Sold as tried tested and seen. You inspected them and did the deal. Really you should only be angry with yourself for not checking. Consider it a lession learnt and move on.

Cossy Mike

iTrader: (4)

Wrong. He stated in an email wheel were ok. hard copy there to present in court.

They were not sold as seen, wrongly described.

timrud

But was the person selling them a professional wheel inspector?

-beefy-

iTrader: (6)

have you fucking heard yourself fella ?

im not a professional anything does that mean i cant sell anything ,

get a fucking grip , the lad should of had them checked for straightness ,

has it occured to you that he sold them on as he knew they wernt straight ? after all he got them off his friend,

im not a professional wheel supplier, yet i managed to sell stu i perfectly fine set of alloys ,

why

" BECAUSE I TOOK THE THIME TO GO GET THEM FUCKING CHECKED !!!!

then that way when i sell it and give my word that the item is what it is ,

its exactly that ,



beef

Lee Reynolds

So i take it Beefy if you buy a car to just sell on for a bit of money, and its hpi clear you also get it on a caroliner too to make sure its 100% straight!? Your having a laugh mate! you might, but i doubt 99% of people would NOT get wheels checked for any defects before selling them IF they looked fine!

Paddy

Chill Winston.

Tim is talking about in the eyes of the law and at a County Court.

If neither parties are deemed to be "experts", the judgement will normally be against the buyer as it's "buyer beware".

matts1

I have to be honest in that I have sold wheels on and never checked them, and i would also buy without, well, maybe I would check after reading this thread!!

I feel sorry for stu as he is out of pocket and would be a bit miffed. If these are rare then can stu not sell on the two good ones?? maybe someone out there has a couple and can make a set up??

-beefy-

iTrader: (6)

no , but id at least want to know it was safe lee, id have a mechanic have a look over it

but the idea of having to be a professional in that item to sell it is just a fucking joke,

the wheels i sold had minor curb damamge before i had them refurbed and put in primer , it gost me a tenner to take them to a local garage to have them checked ,

for me , and this may only be me but that ten quid was worth paying , considering if i sold them and the buyer wasnt happy id have to give him something as a good will gesture , but hey thats just my attitude,

at the end of the day the lad said they were straight , yeah stu should of checked but he didnt ,

but if tim didnt know he should of just said " im not sure fella if there straight as there from a friend ,"

if he had done that maybe stu would of taken more time in checking them ,


thats just the way i see it bud

beef

Lee Reynolds

Oh i agree Beefy that the professional reference was daft like, but he is a dee dar so take it with a pinch of salt

I think we have all been in this situation, bought something as a bargain but ended up worse off! Its the chances we take! sadly for Stu it wasnt a bargain!

st3v3

part of the sales of goods act.

Sale of Goods Rights, Faulty Goods.

Relevant or Related Legislation: Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.

Key Facts

• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.

• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.


make of it what you will,unfortunately it doesnt say wether this is for new or second hand goods.

-beefy-

iTrader: (6)

yeah totally lee , i can see what your saying , i just didint agree with the professional comment ,

yeah weve all been thorugh the sold as seen routine , but maybe im just getting older and dont like the idea of screwing people over and getting a bad name in a website i use alot

i think stus been far to reasonable for his own good , and that just shows what kind of bloke he is , and that could of been his downfall but lol i bet hes learnt his lesson ,

i really hoep tim at least offers something rather than telling him to whistle for it ,

i dont really seeing it happen at this stage , which is a shame

i think at this point all thats going to happen is were going to keep on about it and tim may get a negative trader notification ,

beef

Paddy

St3v3... the sales of goods act only covers second hand goods that are bought through someone who is "acting in the course of a business".

Rs Baz

what a great guy to deal with, top man

-beefy-

iTrader: (6)

kiddie

I agree with Lee, when I saw this thread I thought you had sent him cash and not recieved goods. If you had have bought private, from the adtrader or something then it's sold as seen.
I had a badly buckled Oettinger alloy sorted on my Corrado VR6, I'll find the website for them mate

Stu.H

+1

Not worth it for Ł200, try and get them repaired if you can ..

A good will gesture payment from the seller would be nice though ...

R5FORD

iTrader: (1)

Why would a good gesture payment from the seller be nice? If he got them at 220quid and ddint bother putting the on etc and sold them for 220quid why should he loose out?

End of the day you have no leg to stand on mate, You had seen pictures of the wheels, you viewed the wheels, you handed your money over after viewing them which shows that you were happy enough with them then. The seller said they were round, and obviously you agreed as you paid him the cash. Neither of you had the corrcect tools to determine if they are or not.You will loose at court due to the above. Its taken you 10 months to take some action which will also not be on your side.

I think its best if you just walk away with a lesson learnt fella. Why loose out on more money.

timmyturbo

I think we're missing an important point here lol, that the seller has ceased communications which is enough to get anyones goat up, he could atleast speak to you so you could work something out.

LUCKO

perfect, only part of this thread i agree on tbh
nail hit head

Cossy Mike

iTrader: (4)

It's a false statement to make in a court of law. Goods should be clearly described 'sold as seen' then he would have no come back.

BUT he stated wheels are fine which they are not. Any County Court judge in the country will rule for this man.

R5FORD

iTrader: (1)

Whos to say when he got there that he didnt say sold as seen?

Was there a receipt?

Any wintesses? Well yes Tim's friend or brother was there.

GUZZLER

iTrader: (3)

i've sold things in the past that have had issues & have helped the buyer out, i remember selling an rst engine to a 'friend' for Ł300, it blew up after a month, he still owed me Ł250, i never asked for the rest,,, then found out a few years later it blew up as he was giving death & holding it on the limiter

for all the people that think MrS1 should take it on the chin, would you?

i have a few fooked turbos, maybe a should sell as good & when i get a comeback just say i bought them off someone else, sorry!

Lee Ivatt

iTrader: (1)

Sorry mate think your just going to have to swallow this one. 10 Months on is just way to long ago.

As some have said, 2nd hand, sold as seen.

Its a shitter and this Tim guy should have offered a good will gesture straight after you informed him.

but as you say, he said in his best opinion they needed a referb but were not square. You also went to his house with cash.

I know its the principle and not the money, but its gna cos you more if you go down the legal road, as im affraid to say your case will probably not hold up.

I got stitched Ł250 a few years back, and it still gets to me now, but its just something I have to live with and its taught me to be very carefull buying 2nd hand goods.

Lambchop

iTrader: (1)

Am i missing something? Is the seller not a gold member? If he is i dont see who is selling what on behalf of someone else?!

timrud

Beefy if this seller was a shop then maybe your point of view would have a whiff of credability.

There is no need for you to go off the handle at me like you did there. I am trying to explain something you do not understand... next time I won't bother.

To the best of the sellars ability the wheels were fit for purpose. He did mention he had not had them on a car. So on visual inspection they were fine. The buyer must of agreed with him as he bought them (a fact which cannot be disputed). Really the alarm bells should of been ringing the fact they had not been on a car, so there is a potential for a problem as they are untested.

The buyer had a chance to inspect them. Hence the responsability is his.

Time to grow up and stop issuing this poor guy threats. How was he ment to know? He had not used the wheels, and told you so.

The only person at fault is the buyer, who should of inspected them better. The goods are second hand!!

Like I said before take it as a lession learnt and move on.

GUZZLER

iTrader: (3)

MrS1 didn't wait 10 months to inform him, he has given him 10 months to sort something out but it seems TimTurbo has fobbed him off the whole time, he sold them as 'straight' wheels needing a refurb as they had laquer peel, common on diamond cut wheels, if he had said he couldn't garantee they were were straight then fair play, but he didn't.

R5FORD

iTrader: (1)

Matt you never replied to my pm

Cossy Mike

iTrader: (4)

He has stated when asked the question on hard copy paper. Therefore he has comitted himself. Had it been verbal then that would be a different matter.

At the end of the day hard copy documents to prove goods were not described correctly. Therefore judgement for the claimant.

However, you are by law supposed to allow 'reasonable' time for the seller to put things right.

6-8 weeks is more than enough. A court will not look to kind on waiting 10 months to submit a claim.

demonboy7412

To be fair I work for a tyre company and we spin wheels up most of the time for people, for FREE. its only a two second job. Any decent tyre fitters would (excluding Kwik shit fit).
When you say they are bent do you mean the rim its self, cause theres a company near me that jig wheels.
Alloy wheel repair 01684 291900
www.reinventingthewheel.co.uk

-beefy-

iTrader: (6)

well tim i do apologise fella, i just feel strongly about this , as stu gave him plenty of time to sort it and the lads just fucked him off ,

yeah i blew up and im sorry , but i dont see the relavance of the professional comment , after all neither of them were , no item was new ect ,

remeber stuart gave tim 10 months to sort some kind of good will gesture ,


you would of thought even tim could of sorted something in that amout of time ?


and i notice hes not yet been on to explain his side of the story ..


beef

R5FORD

iTrader: (1)

I understand that hardcopy paperwork and evidence usually wins cases etc but this is not straight forward.

All I want you to do is confirm none of them ain't square !

now the above is not asking if they are fit for purpose, if they are buckled or bent, The question is basiclly asking if there are any flat spots.

His response which was

‘yes there all straight 2 will need refurbing because the lacquer has peeled but other than that just a bit dirty’

From his reply i gather that to his eye there are no flat spots.

Theres no way that this case would go in Mr S1's favor based on the above evidence. Tim answered the question as honsetly as he could. Its down to the buyer to take all necissay precautions etc.

R5FORD

iTrader: (1)

I dont agree with some of you saying a good will gesture would be good. Why should someone that sold something that was fit for purpose to his knowledege loose out?

End of the day A leason is learnt.. Go home empty handed and dont make the same mistake again.

Kev83

my 10p's worth as the noob. I think its quite fair to say S1 is disgruntled, and quite rightly so, i think 99.9999% people would.

The problem you going to have if you take the lad to court is its up to you to proove that he knowingly sold you goods that were unfit for use. Now this is harder than you may think. You have kept records of the PM's etc between yourself and timturbo which is good but im not sure if it would be enough.

Either way, IMO going to county court could end up costing you. I would just persue a goodwill gesture of say Ł100.

Good luck either way mate, hope you get it sorted

mrjenrst

it's shit reading post's like this. Nobody likes paying for
f all.

But, you wouldnt stand a snowball in hells chance of winning in court mate.
You inspected them before buying and was happy with them.
Sold as seen, as most second hand items are.
It's shit but it's just how it is.

How do you not know that he was 100% genuine and didnt know about the bentness?

You COULD of had them on the car and damaged them yourself. That's IS how the court will look at it.

Iain Mac

He doesn't actually have anything on hard copy - there are some emails or pms, all of which can be edited after receipt*.

Unless the owners of PF or your ISP are willing to provide access to their servers (and I think we all know what the answer to that would be) you have no actual proof of anything.


(*See quote above for a simple example)

Rod-Tarry

It seems a lot of you guys think that a small claims court is somewhere you go to get your money back if you have been ripped off. I found out to my cost over a matter similar to this. You can accuse all you like but you will stand before a judge & have to prove that these wheels were Knowingly sold buckled, unless it stated in the advert that they had been checked for that by the seller there is no case to answer, He will utter those fatal words its a case of 'Buyer Beware', frustrating, annoying or whatever you like but hes innocent until you prove him guilty, the 90year old judge will not know or care what a bent wheel is, if he sees the wheels in court im sure he will say they look fine to me,he is only interested in you proving a crimes been committed its not ilegal to sell a bent wheel if the seller does not know its bent or you cant prove he knew, you said they were visually OK.

Another point, you will have to travel to a court of his naming, not yours thats his right, i had to travel over a 100miles to find out that justice aint easy to obtain, bit of advice, sell the 2 good wheels, go down the pub & put it behind you it aint worth the aggro believe me.

XRdodgybird

I agree with the above... my mate once bought some Imolas from South Yorkshire RS Show.... they were knackered too.... nothing he could do about it, when its down to second hand gear, you pay your money and take your chances.

Nath

I can't believe how many people on here are putting it across saying that they find it acceptable to buy faulty second hand goods or incorrectly described

If it was me that bought them the fucker would of eaten one by now.

If it was me that sold them, I would of took them back and given the money back.

Some people have no morals

Mr S1

iTrader: (2)

That's how I feel Nath - this tosser has sold them, knowing or not they are bent and thinks it's OK to fuck people over and then hide. Only problem is he can't hide as I know where he is.