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#1 |
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Hi all,
I have just sold my Rs 125 & now I'm having the buyer call up and moan about the bike every 2minutes. My problem/ question to you, if you could help out it would be a massivly appreciated. I stated in the Ad' 'Sold As Seen' and I listed it on a wednesday and he came an viewd it on the Thursday. He had brought a mate who he says had been riding for around 10years knew about his bikes and the first question he asked me was "does this bike have a choke?" So I pointed it out, I started it (cold) first time on the button. But non of them asked to test ride it, I asked wether he was fully comp on his bike and if he had cover to ride another persons bike as long as there insured and he replied "I don't know". So instantly I said right no will will be test riding it(in my head), I had pillion cover (I did not offer to pillion him on the bike as he did not ask and I don't need to offer that option.) He seemed alright, he then asked about the documents so I filled it out with him and his mate as proof looking over on it. I then said the TAX runs out on the 31st so I will have to decalare it SORN for my insurance reasons, he then said well just TAX it online and send me the disc so I did. Yesterday, and he received them today. I offerd to delivery it as he was only 15miles away and he wasn't insured on the bike anyways and I was so I delivered it on the Saturday, counted the money and I asked him to sign a peice of paper saying. Date Printed: 28/10/11 Sold As Seen: Aprilia Rs125 Signed: Date: 29/10/11 I rode it to his house and he asks "Can you go over how the bike works please mate" so I did showed him and told him. He was happy and took the key I got a lift home. He rang back today 2/11/11 (5days) after me dropping it off, saying the bike is cutting out in 3rd. So I gave him as much info as possible on what he could be doing wrong or how to ride it and he was having none of it just talking while I was so I just said "Look, I deliverd the bike and it was running fine, I woulnd't have offerd delivery if there was something up with the bike, I'm not the type of person to try and screw someone over on a bike yet I rely and love bikes." He then said "Well it's not working, I have a mate who has been riding for 30years and he said there is something wrong with it. So I will see how this week goes and take it too the garage on Saturday 5/11/10 and see what they say, If they say theres nothing wrong I will call and oppoligise, & if they say theres something wrong with it I will call you and let you know," He then went on to say, "if the garage do say there is something wrong with it then I'll bring it back", I said "WOOOW, I'm not re-enbursting the money for the bike as it was sold as seen, you signed it. I rode it to you perfectly fine, I have my mother who I followed to deliver it and it never cut out on my once." He then said "Right well if theres a problem I'll bring it back", I said "No don't, I'm not going to refund the money as it was sold as seen" and he said "Right we'll see." My question to you is, Am I in the right to say don't bring it back it's buyers responsibility to ensure that goods are working correctly. & then tell him not to call back, as I don't want to speak to him again tbh. Did he sound arsy when he said "Right we'll see" = Threating? And I delivered the bike in full working order and he's had it 5 days and it will be 7 on 5/11/11, So he could have run it into the ground/ not riding it propperly. I tryed to give him help saying this bike isn't made to be treated like crap it's a 2T it needs to be looked after, he just kept saying yes I know all this. if he comes to my house with the bike and I've told him not to and I'm pointed out the buyer beware guide & the legal right to which he signed am I in the right to call the police if he then becomes arsy and starts to stamp around and demand his money back? I'm only 18, yes him threating is quiet a intimidating thing I admit that, he's just passed his CBT he's mid 30's and thinks he can come and push me about. Am I in the right to say I don't want anything to do with this bike again, it's now your responsibility for the bike dont call again? Thanks I know this is long but I'm getting slightly paranoid as he's (kinda) threating me over the phone and I would rather not see his face again. I'm a genuine biker, I don't want to screw other riders over or even newer riders. Cheers Aarron Last edited by AZZ3R; 02-11-11 at 07:15 PM. |
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#2 |
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Sold as seen -if he turns up being a d-ick and threatening you call the police out, if thats not how you roll then do what you need to do-normally with a nice piece of ash approx 42 inches long and tapered
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#3 |
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Join Date: Jul 2004
Location: Essex
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this was taken from the auto trader web site
Disputes with a private car seller Buying from a private seller means you’re not covered by any specific laws other than those relating to the legal right to sell goods. As such, it’s important to make thorough checks. At the very least, you should: • Expect the car to be sold as described by the seller • Ensure the seller has the legal right to sell the car • Get the seller’s landline telephone number and home address • Prepare a receipt and ensure both you and the seller keep a copy You should always carry out a vehicle history check to ensure the car hasn’t been written-off, recorded as stolen or subject to outstanding finance before you commit to buying a car. http://www.autotrader.co.uk/advice/2...eturning-a-car also pretty much the same here http://www.which.co.uk/consumer-righ...s-your-rights/
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#4 |
Noisy Git
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Join Date: Apr 2007
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Sold as seen, his problem. He's probably *rsing it from clay cold and whinging when it stutters.
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#5 |
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I'm the seller and I haven't broke the law in anyway, I stated everything with the bike inc fairings damage and all the nitty/ gritty bits he was so high on buying it he just offerd me the money there and then so I took a deposit and delivered it on the saturday. I rode it too him perfectly fine it didn't fail on me once.
I just think he's noticed a newer bike and decided to try and get his money back or he's trying to screw me over because he doesn't like the bike. (But thats not my fault he bought it sold as seen) |
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#6 |
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Join Date: Jul 2008
Location: Northampton
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Wipe any doubts you may have about yourself and whether you are being fair to this bloke or not.
Regardless of what rights he has (none by the way) this simply is a case of you've handed a perfectly good working bike to someone and 5 days later all of a sudden it's not working. That doesn't happen unless someone has broken it. You're not trying to screw him over, he is trying to screw you over.
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#7 |
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Join Date: Feb 2011
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I think he may be trying it on. He didn't test ride it, but now he has ridden and maybe doesn't like it or has found a better deal elsewhere, he's trying to pull a fast one. if you handed it over as "fit for purpose" ie working a fully functional, but with niggles pointed out then it should be his problem.
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#8 |
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I'm with you. If he can't be bothered to get insurance to test ride it and it is 'sold as seen' then it's his problem. I had a similar experience with selling a used car. It was a shed and i told the buyer it was a shed. Then when it broke down a week later they tried to get me to pay for the repair. I told them to 'sod off' and stop calling me as it was no longer my car, and from the time the cash and receipt was exchanged, no longer my responsibility.
My advice would be to call the police if they come knocking, and don't answer the door if you feel intimidated. |
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#9 |
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Private sale, the buyer has no rights. Doesn't even matter whether sold as seen was on the receipt or not.
If he calls again tell him he is harassing and threatening you, that your next call will be to the police to report the harassment and threats, and that you will be passing on his name and the address you delivered the bike to. |
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#10 |
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Cheers guys, He said he'd call again on Saturday so when he does I'll tell him not to call and it's his responsibility from the day he signed the paper work.
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