Ebay and out of pocket

Johnny-Cage

I bought a goped scooter from ebay which i paid £380 and when i received it i could get it to start and emailed the seller to tell him.

had to send it to a goped engineer to look at it and at this time i had already ended up paying over £100 on parts before they told me that the engine is completely damaged and to get it to work it will cost £300.

reported it to ebay who told me to return the item to the seller for a refund.

now if i send it back to the seller and by the time i get it back from goped i would of maybe spend £150-180 already.

i did ask for a part refund to cover repairs but this was refused.

if i kept the scooter is there anyway i can claim anything back towards this £300 bill goped want to fix the damage.

i would even be prepared to go through the small claims court if i could

any help on this would be received with thanks

unholyangel

Was it a private seller or trader? Was it auction or buy it now/classified ad's? What did the listing say about the condition?

Johnny-Cage

unholyangel wrote: »

Was it a private seller or trader? Was it auction or buy it now/classified ad's? What did the listing say about the condition?

it was a private seller and item was said to be in excellent condition and listed has a auction

scooter needs new crank and half the bottom end replacing to get it to run

unholyangel

Private auctions are typically buyer beware but i believe they still have to conform to their description.

If the buyer said the item was in excelling working order and it isnt, then you may be able to start a claim that the item wasnt as described.

Heres ebays page that provides further information:
http://pages.ebay.com/help/buy/item-not-received.html

OlliesDad

unholyangel wrote: »

Private auctions are typically buyer beware but i believe they still have to conform to their description.

If the buyer said the item was in excelling working order and it isnt, then you may be able to start a claim that the item wasnt as described.

Heres ebays page that provides further information:
http://pages.ebay.com/help/buy/item-not-received.html

I believe that the OP would have to prove that the seller knew about the faults prior to selling and he intentionally deceived.

unholyangel

OlliesDad wrote: »

I believe that the OP would have to prove that the seller knew about the faults prior to selling and he intentionally deceived.

I obviously cant comment on ebays procedure for deciding whether to issue a partial refund/full refund or whatever but from their page:

3. If you've already received the item, and it's damaged or doesn't match the listing description, you can open a case.

---

So gives the impression the OP may have a chance.

unholyangel

Just re-read the OP (looks sheepish).

Seems the OP has reported to ebay who said to return it for a refund.
OP doesnt want to do this as he has paid for the repairs or will have paid for the repairs?

OP why didnt you contact the seller first before putting it in for repairs?

Johnny-Cage

unholyangel wrote: »

I obviously cant comment on ebays procedure for deciding whether to issue a partial refund/full refund or whatever but from their page:

3. If you've already received the item, and it's damaged or doesn't match the listing description, you can open a case.

---

So gives the impression the OP may have a chance.

i know that and ebay have said i can have a refund but i would rather get it repaired seen i am so much out of pocket if i return it.

i have already had to order parts for it from the usa

just wondered if i could go throught the small claims court to claim towards the huge repair bill



i have a email that the seller has sent saying it will only run on choke but then if you turn choke off it cuts out

goped are saying the reason it runs on choke is because the engine it self is sucking air in because for a start there is no head gasket

and so will run but on turning choke off cuts out due to to much air going in

Johnny-Cage

unholyangel wrote: »

Just re-read the OP (looks sheepish).

Seems the OP has reported to ebay who said to return it for a refund.
OP doesnt want to do this as he has paid for the repairs or will have paid for the repairs?

OP why didnt you contact the seller first before putting it in for repairs?

because i had to sent it away to even find out whats wrong with it
and i have told them to go ahead and repair it

also to return it i am looking at cost of another 25-30 due to the weight of it

just would like to know if i could get any where if i took it throught the courts

adam.mt

I guess (well I hope) you now realise you really shouldn't have gone ahead with the expense of the repairs, rather than referring straight back to the seller.

Recommend you proceed through the ebay complaints procedure and see how it goes, failing that you can of course make a Small Claims action. I think you may be judged partly to blame though for the escalating costs due to proceeding with repairs rather than referring back to the seller. And you also have the fact of whether the seller is firmly traceable and holds sufficient assets should a claim be successful against him.

What exactly did the seller ask you to do? It reads that they only said to get an assessment of the fault(s) from a goped engineer and no more. Is that right or did they say to proceed with repairs and ordering replacement parts?

I'm sorry but I have a feeling you've got yourself unnecessarily into a minefield with this! Good luck.

Johnny-Cage

adam.mt wrote: »

I guess (well I hope) you now realise you really shouldn't have gone ahead with the expense of the repairs, rather than referring straight back to the seller.

Recommend you proceed through the ebay complaints procedure and see how it goes, failing that you can of course make a Small Claims action. I think you may be judged partly to blame though for the escalating costs due to proceeding with repairs rather than referring back to the seller. And you also have the fact of whether the seller is firmly traceable and holds sufficient assets should a claim be successful against him.

What exactly did the seller ask you to do? It reads that they only said to get an assessment of the fault(s) from a goped engineer and no more. Is that right or did they say to proceed with repairs and ordering replacement parts?

I'm sorry but I have a feeling you've got yourself unnecessarily into a minefield with this! Good luck.

no the seller said no refund full stop