Ebay and out of pocket

adam.mt

It's correct that being a private sale your only real comeback is if the advert description is clearly inaccurate. If it's found to be then you'd be entitled to a full refund including return costs.

If you've gone ahead with repairs without authorisation that the seller will pay then as I've said you're on shaky ground for claiming those sums back. From your first post it already seems the cost to fix is more than the what you paid and thus the value of the bike!

Meepster

I have to agree with adam.mt

Unless he specifically told you to go ahead with repairs, you have very little grounds for making a complaint.

You should have had the report done and at the point where expensive works were identified, you should have either sent it back as per ebays rules, or asked the seller what option they would like you to take...

adam.mt

daz_f wrote: »

no the seller said no refund full stop

Well, that's the point you (a) proceed with ebay to try and get a refund, then (b) pursue through the Small Claims Court.

Was time really of the essence, do you need the bike to be fixed by a particular date for some reason?

unholyangel

adam.mt wrote: »

Well, that's the point you (a) proceed with ebay to try and get a refund, then (b) pursue through the Small Claims Court.

Wouldnt the court also take into consideration the price paid?

For example if normal price for a good condition was £700, and the price paid by OP was £380, it may be seen as some sort of indication as to the condition/true value of the bike?

It is my understanding they generally dont award damages which would put the person in a position to make a profit (ie be refunded costs then have them sell the bike for 3x what they paid).

Anyways, i think (personally) ebay is your only option. From what consumer in regards to buying vehicles online from private sellers:
If however you buy the car as a private sale from an individual, who doesn’t trade in cars for a living, you won’t benefit from the legal requirement of the seller to provide a car of satisfactory quality. It could be a heap of junk, and you would have no legal recourse.

Of course it needs to be as described but if they have said it works and this is true even with the choke, then technically it is as described.

adam.mt

unholyangel wrote: »

Wouldnt the court also take into consideration the price paid?

For example if normal price for a good condition was £700, and the price paid by OP was £380, it may be seen as some sort of indication as to the condition/true value of the bike?

True, thanks for adding that!

Johnny-Cage

adam.mt wrote: »

True, thanks for adding that!

its not a bike but a goped which is a petrol scooter ie 2 wheel push scooter

they cost about £700 to £800 max new so in total i am paying almost £700 now for a secondhand one

unholyangel

How old is it though and how many miles are on it?

If the bike was only 6 months old and had hardly any mileage then £380 may be seen as a fair price.

Have a look online and see if you can get a rough price idea for ones who have a similar mileage and age.

Johnny-Cage

unholyangel wrote: »

How old is it though and how many miles are on it?

If the bike was only 6 months old and had hardly any mileage then £380 may be seen as a fair price.

Have a look online and see if you can get a rough price idea for ones who have a similar mileage and age.

its not a bike just a micro scooter that kids have with a engine on the back

its about 5 years old i would say because the model is no longer made but there is no speedo or miles indicator on it

unholyangel

daz_f wrote: »

its not a bike just a micro scooter that kids have with a engine on the back

its about 5 years old i would say because the model is no longer made but there is no speedo or miles indicator on it

The word bike is just a generalisation. A bike can be numerous different models. It can mean a bike with pedals or a motorcycle (which in turn means a vehicle with 2 wheels that is powered by a motor and has no pedals).

Your best bet is still with Ebay i think. Given the age, i think it would improve your chances if you have to go to a small claims court but i also think you've damaged your chances at small claims by not giving the seller enough of a chance to remedy the situation before taking matters into your own hands. Small claims is relatively cheap though so its up to yourself whether its worth the risk or not.

pinkshoes

I'm afraid by buying on ebay, you really need to stick to ebay rules.

You opened a dispute saying it wasn't as described as it wouldn't start, and you have won this, so all you need to do now is return it. The seller will be forced to refund the £380, but you need to pay for the item to be returned tracked. Ebay rules.

The issue is the fact that you spent money on the item, which was a really daft thing to do!

Your only option is the small claims court, but as you have already won an ebay dispute, I suspect that the seller would use this as a defence, and offer the £380 refund (again) if you returned the goped. It's not his fault you spent money on it.

I really can't see how you will get any money out of the seller on this, other than by perhaps proving that it wasn't financially viable to return the bike via trackable means as per the ebay rules, thus your only option being to keep and then repair the goped.