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Old 15-08-12, 06:55 PM   #1
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Advice pls- Being threated with Court action over Ebay sale.

Sold my bike a couple of weeks ago.

After spending ages rebuilding it, I didnt ride it much after breaking my wrist so stuck it on ebay for £1950 which was less than Ive spent out on it.

Its a long story so here goes - Basically a guy contacted me through ebay offering me £1800 we I agreed on. He sent me a deposit via paypal without seeing it, didnt buy it through ebay either. When he can and view it there were a few issues with the paint work so we agree to knock £50 off the price. I told him it was smoking and thought it was overfueling. After looking it over and taking it out for a test ride for 10 mins or so he said he was very happy with it and he left. I threw alot of accessories, oils and bits in the boot of his wifes car. Then off they went.

Got an email later to say he had broken down, it had overheated and the fan wasnt running. Also said it was slipping out of 6th. After a load of updates via email he said that he had got home said he still 'thought the bike was stonking'. He also added that believed the smoke was infact oil passing through the valve stems.

So at this point I felt real bad that he had broken down and it was having issues so refunded him £75 to cover his troubles. Which he accepted and was happy.

The following day he emailed me to say he wasnt happy and had started stripping the bike down and found aload of problems:
-Entire front fairing was knacked and needed replacing,
-6th gear was totally shot,
-Rear shock was corroded
-Aload of wiring was damaged where it overheated

He said 'I know you have down loads of work to it, which is obvious by the receipts, and the fact your a decent bloke. I still have your original ebay listing, and the receipt on paypal. The listing describes the bike is a condidtion that it is not. As you can see by all the points, rectifying all these issues is going to cost a fortune. At this stage I am unsure as to what action I need to take.

Sorry mate I know you have been really helpful, but the bike in its current state is a lemon, and needs a hell of allot of work to get it to the condition it was described as, and how i thought I bought it. I think it is because its been stood around for so long.'



These are problems that I had no idea existed when I had it but as a good will gester I offered him a refund of £500 which he agreed on and I sent via paypal with a message 'Refund to cover problems with VFR400' now meaning Ive lost out massively.

Anyway today he emails me again saying
-The motor needs a complete rebuild
-2 front cylinders have low compression
-Gearbox is trashed


Said 'The bike should have been sold as spares. I'm thinking of going to small claims court as the item was not sold as described. This isn't a dig at you but you can see my posision. I have a bike bought in good faith that isn't worth more than about 800 pounds! I can see two options here really mate. Either i return the bike to you, or you offer me a further refund.'

He keeps claiming the bike was not as described well heres the ebay ad:
1990 Honda VFR400 NC30 Newly rebuild, Tyga kit, JHA Exhaust...Stunning!!
Firstly I've got to say I'm gutted its come to this, I bought this bike last year and spend most of that summer stripping it right down and rebuilding it from the frame up. I dread to calculate how much I have spent out on it but unfortunately I need to free up some cash as moving to a bigger place so the bike has to go.

Its a 1990 VFR400 NC30, It has been fitted with the TYGA bodykit that makes it look the 2006 RCV. By looking at it there is no way you would know it was a 1990 bike, even had the MOT tester confused when he looked the Reg up on his database!I
Mot'd till 20th September - Flew through the last MOT with no advisories. The mileage on MOT states 11 however this is due to the digital dash fitted, Previous mileage recorded was 65,000km (Japanese import) which converts to around 41,000 miles.
Tax runs out in August - costs only £35 for 12 months
Cheap to insure.
33bhp for an A2 license restrictors supplied but not fitted
Sounds amazing the V4 engine and the full JHA exhaust (very Rare) go beautifully together.
The bike has been painted with an Audi white colour and looks stunning in the sunlight.
The bike has been DATA TAGGED
I have one key for the bike and two fobs for the Cyclone V2 security system and remote start.
Will come with a HAWK Oxford cover, rear paddock stand and Oxford Titan Disc lock if wanted.


Here is a list of some of the parts that have been fitted:

Engine
A complete gasket set including valve stem seals
Shims checked and replaced, valves lapped in.
EBC Clutch supplied by Rick Oliver.
D.I.D 525 Chain,
15t Front Sprocket
40t Rear Sprocket
Carb Rubbers and O-rings
Fuel Tap
Spark plugs,
Oil Filter
Air Filter
Silkolene Super 4 10W40 Oil

Bodywork:
Tyga Body kit, with smoked screen
Newly painted Fairings & Tank
Full JHA Stainless shotgun style exhaust, Repacked with new baffles and New carbon Fibre Sleeves - These are very rare and have had a number of people ask if I wanted to sell separately but they sound awesome
Has SES rear sets


Wheels & Suspension:
Brand new Bridgestone Battlax BT-90 rear tyre,
Part worn BT-90 front has loads of miles left in it.
Refurbished Rear hub
Rick Oliver Fork spring upgrade
New Front wheel bearings

Brakes:
Brakes painted blue and refurbed with new seals and bleed nipples
New brake discs and pads, front and rear.
Stainless steel hoses
5.1 Brake Fluid

Electrics:
Cyclone V2 Security System fitted with remote start.
Koso Digital Dash, Cellophane still on screen!
Brand new Varta Battery fitted this week
Indicator Relay
Stator/ Generator
New Regulator/Rectifier


The bad bits:
There is a crack on one side of the fairings where I managed to slip over having just done an oil change and ended up with the bike on top of me, very embarrassing! Also some damage to the clutch cable from when its been dropped previously. Both pictured.
Have had the bike tested on a Dyno and it made resonable power (54bhp) but was running very rich, Imagine the carbs need looking at once the fuelling it correct should hit around 60bhp. Dyno pictured
The speedo may need checking as uses a mechanical to digital converter so the setting may need altering to calibrate. I have set it up but may need fine tuning. There is a guide here http://www.digital-speedos.co.uk/how...nsor-288-p.asp

Any questions or to view the bike just ask. Located in Bristol, buyer picks up.


Now I have described the bike as Newly rebuild, which it was and I gave him reciepts for all the bits Id bought. I didnt say it had had a total engine rebuild all the bits bought for the engine are listed. I said it looked stunning not that it was stunning although to be fare it was in my opinion. I had no idea of the issues he is saying it has. If it had them when I had it would have sorted them out.

As I see it he didnt buy the bike through ebay, he came and viewed the bike, tested it was happy and rode off. Was a private sale and so sold as seen. To be honest I dont feel I should have given him any refunds at all but was a good will gesture. I still have all email correspondence and paypal receipts for most of the bits I bought for the bike, along with pictures of the work.

Its a long old read but know there are some wise heads on here.
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Last edited by Jay-ZS+; 15-08-12 at 06:59 PM.
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Old 15-08-12, 07:00 PM   #2
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Magic words mate, "Sold as Seen" He was happy at point of purchase and your not a dealer. He hasnt got ****.
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Old 15-08-12, 07:10 PM   #3
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So, as I read it, he has got the bike for £1150 after the money that you've already refunded him, my opinion is that he's a chancer trying to take advantage of the fact you're a decent bloke, also as he has said the bike in his opinion is worth £800, he is going to take you to court for £350, I'd be very tempted to call his bluff about going to court.
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Old 15-08-12, 07:14 PM   #4
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Additionally you might want to point out to him that he bought it outside ebay so quoting the ebay listing is irrelevant.
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Old 15-08-12, 07:15 PM   #5
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Quote:
Originally Posted by petet16 View Post
So, as I read it, he has got the bike for £1150 after the money that you've already refunded him, my opinion is that he's a chancer trying to take advantage of the fact you're a decent bloke, also as he has said the bike in his opinion is worth £800, he is going to take you to court for £350, I'd be very tempted to call his bluff about going to court.
Yer thats how I see it, maybe there are issues with it he seemed a decent guy, and if there are I feel bad for him hence the refund. When he accepted that I saw it as draw a line under it and move on.

As said it was sold as seen and looking back I dont think the actual wording of the ebay ad is wrong. How it reads into it was upto him.
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Old 15-08-12, 07:16 PM   #6
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He hasnt a leg to stand on :-)
Go to court and watch him flop and have to pay court fee's!
He drove the bike away after an inspection so whether or not the ad is correct/incorrect its irrelevant :-/
Call his bluff mate, youv'e been far to good as it is!!
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Old 15-08-12, 07:17 PM   #7
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Did you both sign a receipt saying that the bike was sold as seen.
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Old 15-08-12, 07:22 PM   #8
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Did you both sign a receipt saying that the bike was sold as seen.
No he was in a rush to get off so didnt give him receipt at all.
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Old 15-08-12, 07:24 PM   #9
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bike

1. wasn't sold through ebay - ebay ad is worthless?
2. he test drove and looked over bike , was also happy todo deal. - would make it sold as seen i presume? was this on reciept?
3. you have refunded a sum which he was happy to accept - i would have left it there.
4. you further refunded £500 -which he was also happy to accept. ( again above and beyond what most would have done )
5. he has stripped bike himself? if so is he a qualified tech? has he damaged it taking it apart?
6. private sale. sold as seen will apply as he was happy to drive it away.
7. let him try small claims court , if i were judging this you are seen to have done plenty to help and he was happy with the first refund which should have been case closed.

I'm no lawyer / judge but surely he not got a leg to stand on.

in my opinion dont offer any more refunds and wait to see what happens if anything. keep all the emails he has sent you as evidence he was happy.

Relax and good luck.
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Old 15-08-12, 07:28 PM   #10
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Originally Posted by Jay-ZS+ View Post
No he was in a rush to get off so didnt give him receipt at all.
That's a shame, something about your buyer makes me wonder if he's pulled this stunt before, it all seems very contrived to me, telling you first that it broke down, and then the subsequent messages with ever increasing problems, I might be wrong but it smells odd to me.
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