My options? Motorcycle not as described

Ady347

Need advice how to approach this nightmare.

Purchased motorcycle via ebay with buy it now, seller stated good working mechanical order with recent mot, listed as cash on collection.

Seller seemed really genuine as we spoke on phone in length, stated in text message that i didnt mind condition of bodywork as long as mechanically ok was happy, they replied with it was fine and all working.

I told them I'm 100 miles away and as long as it was as described i would pay via PayPal using the goods and services option and would pay fees which they agreed (used my credit card via paypal)

A courier collected the bike and as i was away agreed to store bike for 7 days and deliver day i got back.

Bike was delivered and he left, 10 minutes after delivery im on the phone to the owner stating all the issues found within minutes of receiving, exhaust blowing, no back brake, drive issue, flat tyre, engine cutting out and even sent a vid and pics. I priced up exhaust and other bits and said if you give me £150 I will keep it, they refused and were baffled by all these issues, asked me to return it for a refund. I used the same courier to return it (My total shipping costs £180)

They had it back today,agreed with faultsbut are not refunding me saying the bike didnt have all these issues and trying to blame the courier, and too take it up with him (who had great feedback and found on shiply) I was here when he delivered it and it was securely strapped in his van.
No paperwork was signed on delivery or collection which is the only thing that surprised me with the courier, but that would be only physical condition not mechanical anyway.

I hadn't even rode it, just started, inspected, and stored in my garage until collected.

I can't open ebay case as it was listed cash on collection, I've opened a paypal case but I've read on Google vehicles are not covered.

Do I take them to small claims? Wait on paypal? Contact credit card provider?

I have all text messages stating it is mechanically good with recent mot, said would refund (even after I listed the faults) once returned.

The mileage is the same so i know the courier wasnt riding around on it!!

The only thing i can think has happened is she believed her son who stopped using it last month and said it was in great order knowing he would get more money for it. It was listed using the mums ebay account.

For such a reasonable seller they are now with holding my money even though they are aware im £180 out of pocket. Their now saying it was checked over by a mechanic day before and it had no issues. (The exhaust had been repaired badly and temporary looking)

As far as their concerned I need to take my issues up with the courier

missile

Risky paying sight unseen from a private seller. Your chances of recovering the cash are slim.

Ady347

I understand the buyer beware rule, but text and advert evidence not worth anything in court?
I've learned a lesson but when you have a long conversation with someone who sounds genuine and honest with good feedback I felt it would be ok.

We were 100 miles apart and i was buying on photos and her description which was not accurate

Norman_Castle

This should be on the ebay board.


https://forums.moneysavingexpert.com/forumdisplay.php?f=40

The only thing i can think has happened is she believed her son who stopped using it last month and said it was in great order knowing he would get more money for it. It was listed using the mums ebay account.

How old is the son and what bike is it? Did you trust the judgement of a clueless teenager?

pinkshoes

The bike needs to be as described. It wasn't.

If they are not forthcoming with a full refund, then you need to start court action. Send them a letter before action giving them 14 days to refund in full.

I assume you took photos of all the things wrong with it before returning it immediately?

TonyMMM

As above - send an LBA giving them 14 days to refund.

But sending your own courier is a potential complication - the vendor can hide behind a "it was fine when it was picked up" defence, and have a "mechanic" who may give evidence of that. They can then push any issues onto the courier.

As you seem to have employed the courier, any action against them would be for you to take.

Buying a vehicle (bike or car) from a private seller, based on some photos and a phone conversation seems a crazy thing to do, but too late now.

foxy-stoat

Can you not just open up a case on Paypal to get your money back, if you have proof of return then what is stopping you?

MEM62

Ady347 wrote: »

Need advice how to approach this nightmare.

Purchased motorcycle via ebay with buy it now, seller stated good working mechanical order with recent mot, listed as cash on collection. And you believed this complete stranger?

Seller seemed really genuine as we spoke on phone in length, stated in text message that i didnt mind condition of bodywork as long as mechanically ok was happy, they replied with it was fine and all working. I expect he does this regularly and will therefore be well practiced at sounding genuine.

I told them I'm 100 miles away and as long as it was as described i would pay via PayPal using the goods and services option and would pay fees which they agreed (used my credit card via paypal) Why oh why do people buy motorcycles unseen from a seller 100 miles away. I cannot believe that these was not a suitable machine available in a location close enough for you to go an view it.

A courier collected the bike and as i was away agreed to store bike for 7 days and deliver day i got back.

Bike was delivered and he left, 10 minutes after delivery im on the phone to the owner stating all the issues found within minutes of receiving, exhaust blowing, no back brake, drive issue, flat tyre, engine cutting out and even sent a vid and pics. I priced up exhaust and other bits and said if you give me £150 I will keep it, they refused and were baffled by all these issues, asked me to return it for a refund. I used the same courier to return it (My total shipping costs £180) OK, so you have fallen into every trap going up to that point and then top it off by sending the bike back - so now he has the bike (which he can sell onto another punter) and your money. See where we are going here?

They had it back today,agreed with faultsbut are not refunding me saying the bike didnt have all these issues and trying to blame the courier, and too take it up with him (who had great feedback and found on shiply) I was here when he delivered it and it was securely strapped in his van.
No paperwork was signed on delivery or collection which is the only thing that surprised me with the courier, but that would be only physical condition not mechanical anyway.

I hadn't even rode it, just started, inspected, and stored in my garage until collected.

I can't open ebay case as it was listed cash on collection, I've opened a paypal case but I've read on Google vehicles are not covered.

Do I take them to small claims? Wait on paypal? Contact credit card provider?

I have all text messages stating it is mechanically good with recent mot, said would refund (even after I listed the faults) once returned.

The mileage is the same so i know the courier wasnt riding around on it!!

The only thing i can think has happened is she believed her son who stopped using it last month and said it was in great order knowing he would get more money for it. It was listed using the mums ebay account. Not even credible. All part of the smoke and mirrors in my opinion.

For such a reasonable seller they are now with holding my money even though they are aware im £180 out of pocket. Their now saying it was checked over by a mechanic day before and it had no issues. I think we all know that is bulls**t. (The exhaust had been repaired badly and temporary looking) Reasonable seller? Really? Alter all that has transpired you are still taken in by these people?

As far as their concerned I need to take my issues up with the courier

OP, I will assume that you are new to motorcycling. For future reference buy local and inspect the bike personally before parting with your money. If you are not too familiar with bikes take someone who is. Buying over that distance from a complete stranger is a seriously ill-advised.

In this case you have either fallen pray to a scammer or, at best, bought a bike some someone's mum who has been informed by their dear offspring that it is in pristine condition and will not hear otherwise from you or anyone else. Personally, I think the former applies.

Your only recourse would be litigation but there is a real risk here that you will be throwing good money after bad. You may be batter off cutting your losses, walking away and chalking it up to experience.

What was the bike and how much did you pay for it?

facade

foxy-stoat wrote: »

Can you not just open up a case on Paypal to get your money back, if you have proof of return then what is stopping you?

Vehicles are not covered by any of the eBay/Paypal refund processes.

Ady347

Her son is 17 its a scooter cost £900. Found alot out after the problems started. She made out it was her selling it, then that turned into its her son's bike. When we talked about the bike she didn't say alot about rider

Just that it had been owned for 2 years, well serviced, mechanically excellent but was no longer being used.

Ady347

foxy-stoat wrote: »

Can you not just open up a case on Paypal to get your money back, if you have proof of return then what is stopping you?

I have opened a case with PayPal and escalated but I've read on google you can't get paypal protection on vehicles???