Being ripped off small claims advice

nuttyprot

nuttyprot

nuttyprot

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Ok not sure what area I should post this in moto section or genral. I purchased a motorcycle on 01/07/15. Person who sold advertised the bike as a good runner with no repairs needed and sold at £250.

I had no insur/tax and had not passed my CRB at the time so took his word for it being unable to test it for myself. On delivery he showed it running. I was due to do my crb on the 11th and the bike has been stored in my back
garden under a cover. I inspected the bike and when starting it via kick start I noticed none of the electrics worked so replaced the battery and fuse for new ones. The dashboard then started to work apart from indicator, oil and high beam lights.

I passed my crb on the 11th and decided to try the bike on the evening after insur n taxing it. I discovered the speedomiter was not working and that the bike stalled every time I stopped at lights if I did not keep reving it and became very hard to restart. Now the bike no longer runs and I have done probably about 20miles on it tops since I got it.

When all the above issues got discovered I informed the seller he said the bike is in perfect order. Today the bike decided that it no longer wants to run and I honestly have had enough this is not what I paid for. So i messaged the seller saying I would like a refund and he said that the bike is fine and he is not giving me the refund.

Only option I see now is small claims. Total £250+£25 fees+£25 parts i got to repair the bike.

I know £300 may not seem like a lot of money but it has taken me over 6months to save this cash up (not easy when you have 5 children).

Is small claims my only options and does anyone have any advice. I have print screened all messags and the initial advert.


Should I consider doing anything else also what does this mean I found it on small claims form

(Quaote) You are required to give details of your claim in the box below. If you wish, you may also send detailed particulars direct to the defendant. If you need to do this, please tick here (End Quote)
 
£250 for a road legal fully working bike. Hmmmmmmmm. What bike is it? Could be a whole bunch of things, sounds electrical to me.
 
The garage took a look for free and said had no idea what causing the problems with starting and would have to be stripped down and could not give me a quote until problem is found and depending on time taken to solve it. The speedomiter would be £50 repair, dashboard lights another £30 (altho said dashboard may need replaicing and that would cost hell of a lot more). So thair is £80 without even finding the problem with it not starting.
 
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MeatLoaf said:
You can try small claims or even judge rinder but caveat emptor may apply, especially if its a private sale
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in the advert he says good runner then on private message he also states no repairs are needed

woops sorry multiple posts got few replies typing first one
 
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Your expectation of a £250 second hand motorcycle is that it would be in full working order? Regardless of what the guy may or may not have said (Which you probably cannot prove either way), really?
 
[TW]Fox;28311758 said:
Your expectation of a £250 second hand motorcycle is that it would be in full working order? Regardless of what the guy may or may not have said (Which you probably cannot prove either way), really?
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I have everything said screenshotted. Also the person whom I got it of is a friend of a friend so I was a little more trusting than I should have been. Its not unusual to find scooters at lower prices in this area
 
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Unfortunately you had the chance to fully inspect and test the bike to your satisfaction. At such a low price it is not unteasonable to expect some work required. I think you would struggle through the courts as you "chose" not to test it. Assuming a private sale of course.
 
Hades said:
Unfortunately you had the chance to fully inspect and test the bike to your satisfaction. At such a low price it is not unteasonable to expect some work required. I think you would struggle through the courts as you "chose" not to test it. Assuming a private sale of course.
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It would have been illegal to test it. No licence tax or insurance
 
nuttyprot said:
It would have been illigal to test it. No licence tax or insurance
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When I buy a bike I always ask them to show me it going through all the gears etc. Never ever brought a bike without seeing it running.

Tbh I don't think small claims court will even bother.
 
nuttyprot said:
It would have been illegal to test it. No licence tax or insurance
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As mentioned by another poster above that, unfortunately, is not the sellers problem. When buying a vehcle privately it is down to you to inspect and test it. E.g. ask an insured friend to drive it or pay for a professional inspection if that isn't possible. I fully understand you had no license or insurance but that's a matter for you to address when buying.
 
All these things (your complaints) can be checked without taking it on the road.

When you stored it for a couple of weeks, did you never start it, or check anything?

Did the things work when he showed it to you?

And you went and taxed it and insured it, before starting it up and checking it?

How can you possibly prove that the electrical faults were not caused while being stored in the garden? by who knows what? all be it for a couple of weeks only?

When you bought it you were happy that it was working, now you have had it for a while, and worked on it.

You're stuffed imo. :( I don't think you have much of a leg to stand on, and you have done everything in the wrong order, sorry to say.

(note that I'm not taking sides, just giving you this side of things)
 
Caveat very much emptor with it being a private sale. Maybe it was running fine and the faults have developed since storing it? Suck it up, repair or sell and move on.
 
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