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Rights when buying used bike
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danrfd
Posts: 13 Forumite
I recently bought a used moutain bike. I found the advert on a forum, visited the seller and paid in cash.
To cut a long story short, the advert stated clearly that all of the frame bearings were replaced less than a month previously. Frame bearing condition is very hard to check without disassembling the bike so when I bought it I detected no issue. Now I have taken the frame apart I have discovered that the bearings are not new as claimed and are partially seized and need replacing. I have been quoted £40 parts plus £70 labour so not cheap.
I contacted the seller and he claimed that he had taken it to a shop to have them replaced. I requested he contact the shop which he apparently did - he said they made no comment other than 'they would have been replaced'. Do I have any legal rights here to ask him for a refund?
To cut a long story short, the advert stated clearly that all of the frame bearings were replaced less than a month previously. Frame bearing condition is very hard to check without disassembling the bike so when I bought it I detected no issue. Now I have taken the frame apart I have discovered that the bearings are not new as claimed and are partially seized and need replacing. I have been quoted £40 parts plus £70 labour so not cheap.
I contacted the seller and he claimed that he had taken it to a shop to have them replaced. I requested he contact the shop which he apparently did - he said they made no comment other than 'they would have been replaced'. Do I have any legal rights here to ask him for a refund?
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Comments
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Your only path would be to take him to the small claims court, but is it really worth the hassle?
Try a "letter before action", if you want to give him a fright. It may give him the push to pay you.0 -
From what you say the seller implies that he thought they had been done, ask him to try and sort it out otherwise you MAY look to the courts. Give him a few days and then follow up with a letter before action.0
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ThumbRemote wrote: »You know where he lives. Are you bigger than him? Call round his house with the bike and calmly, politely and stubbornly request a refund until they agree.
You're suggesting he fights him?
I would suspect that this board was set up to offer sensible consumer advice and not "are you bigger than him?"This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
Under the law, the goods you buy even second hand must meet the description that was given of them. If they don't, and you can prove it (do you have written evidence you can offer, or appropriate and relevant people able to testify), then I'd take it further. Most importantly, do you have a receipt, and a reliable copy of the original advert?
Otherwise, it's really just your word against theirs, and that never goes smoothly or ends well.0
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