Faulty vehicle and seller may have signed a V5 on my behalf, is this legal?

[thecookiemonster]

Won a motorbike off Ebay on 30th May, paid via bank transfer the next day as Paypal doesn't offer protection on motor vehicles.

 

Was described as fully working, just had an MOT.

 

Got a courier to pick it up and deliver it, received it yesterday, wouldn't start, had to buy a battery charger, discovered battery is knackered so will need to be replace, there may be other issues but hopefully not.

 

Where do I stand on this with it not being as described? Can I make the seller reinburse any repairs I have to pay for? Or if I really wanted to could I return it?

 

Thank you.

[aburobert]

Firstly I'd print off a copy of the listing on eBay so you have proof of the description the seller gave.

 

I would then contact the seller regarding any shortcomings and give him the chance to reply - possibly for him to offer recompense for any mechanical faults should there be any. If it is just a battery causing problems this I personally would simply replace and forget the whole matter - as to me it would not be worth the extra hassle over an extra £20 or so for something that would eventually need replacing through normal wear and tear.

 

If there are further problems with the bike and the seller is not willing to come to any arrangement you will need an independent report on the bike's condition that clearly indicates any mechanical faults. Then a LBA claiming the cost of either repairing the machine or a full refund of the purchase price paid for the machine.

[thecookiemonster]

Thanks for your reply, as it stands, the battery is a totally different model to what battery should be in the bike, so right now the seller owes me £40.

 

One thing I forgot to mention was as the bike was collected and delivered via a courier, I have the green slip part of the logbook but I never signed the V5 as I expected he was going to sign for it and then pass it onto me via the courier, this concerned me as I am presuming he signed it on my behalf? Does this mean it could be stolen?

 

He said the V5 was sent off when I paid for the bike which was around 11 days ago so if that's the case then it should be here soon. I plan to do a HPI check when I get the logbook.

 

The auction stated "Nice clean bike and pretty nice condition for year. Starts 1st time, runs, rides and stops fine." Obviously this is incorrect, it hasn't started once yet and the model of battery fitted is incompatible with this bike and later today I will find out if the battery is the cause or whether the bike has more issues.

 

When I first informed him of the bike not starting when I received it on Tuesday he said:-

 

"Hi,

 

The bike starts fine and is in 100% perfect working order.

 

The battery may need a little charge up I would guess, as it has been sitting ever since I listed it, you won it (30/05/2015) and until your courier picked it up today.

 

As to the V5. I sent that off the day you won it and paid for it and I really would never send it off to the new keeper, as it is the existing keepers responsibility to send it off to the DVLA.

 

Sorry if this has cause you distress, but I really prefer to be sure the bike is no longer in my name when I sell it. Plus you will get the logbook in your name a lot sooner too."

 

I'm guessing he doesn't have a leg to stand on in this case?

 

The bike is now starting at least now that the correct battery is in it.

[theberengersniper]

You should follow Ebay's standard procedure, which (providing it hasn't changed recently) is to make contact with the seller yourself and give them the opportunity to resolve the situation. If the seller is not cooperating you can raise a case against them via Ebay.

 

When you raise a case in Ebay you can choose what resolution you're looking for, one of the options being "partial refund". The trouble you'll have is having not gone through PayPal, Ebay will be powerless to enforce a full or partial refund. However, you're relying on the seller not wishing to gain a 'strike' against his account and give you the refund.

 

If they still don't play ball, personally, and despite the principle of the thing, I'd chalk it up to a bad experience.

[ashmk]

Dealer or private sale. If it's a private sale then not a lot you can do really. Should have viewed, test rode etc. Buy a new battery and move on, you will just end up wasting more time and money dealing with this.

 

If it's a dealer then fight it.

 

Opening a case in this situation will only prompt ebay to suggest the seller refunds. He is quite free to ignore that and get on with is life. A 'strike' means nothing to a casual ebay seller or a hardcore ebay seller who will have multiple accounts.

 

If it's just the battery, put it down to experience, move on and enjoy your bike.

[thecookiemonster]

I am pursuing the battery issue as the wrong model was fitted to the bike, the seller is refusing to pay, I intend on making a claim using money claim online, I have the receipt for the battery.

 

I started using this bike on Thursday, today was only the 3rd time it has been started and it cut out on me while riding so is going to need repairs, the bike isn't as described.

 

It seems like a private sale but on the auction he mentions he's happy to do part exhanges so I'm presuming he's a bike dealer?

[ploddertom]

Have you checked to see what else he presently has for sale or his feedback to see if any there.

[thecookiemonster]

A lot of his auctions are private so I can't see them, he sold 2 last year that I can see. He also has another Honda for sale for £5,650,00.

 

He replied stating he isn't a bike shop, also claiming I am making false accusations and harrassing him, that's laughable, I have been asking him to rectify the situation he refused, I said I would take it to court if he didn't rectify the situation and he claims that's harrassment, making threats and making unfounded claims against his character?

 

This is how the bike was described in the auction:-

 

 

"For sale is a CBR125. Nice clean bike and pretty nice condition for year. Starts 1st time, runs, rides and stops fine.

Flew through MOT with no advisories. V5, old MOT's and bills, service book, 2 keys and Oxford Lock / Chain.

New tyres front and back (only done about 30 miles since fitting), Recent Battery, DanMoto stainless steel exhaust system.

Pazo adjustable Levers, LED indicators, K&N style cone air filter, Recent Sprockets etc. Oil Changed, Carb Cleaned.

 

Bid to BUY not view / haggle / kick tyres etc. Viewing welcome.

 

Test rides ONLY with full cash price in hand and proof of insurance.

Part Exchange is always welcome.

 

Cash on Collection ONLY."

[2ltr16valve]

I'm sorry but nothing in that add says to me he's s trader, if he's into bikes a PX might suit him if it can be used or sold again later too keep some profit up.

 

As for the battery issue, just because it was not the book listed battery would not in itself mean it's not as described I would not think. It could well be an equivalent model, or just slightly less amps etc. might even have had more amp/hr?

 

It could be just faulty or the fact bike wasn't used, my old cbf would go flat within about 7-10 days if it weren't used, that was brand new from Honda.

[thecookiemonster]

The battery was dead regardless, it was topped up and charged and still did not work and that's not the only issue, the bike worked for a few days and now does not at all, it's been faulty since the day I got it. I've had it a week and it's been used 3 times for less than an hour and a half in total.

 

The bike is going to require repairs, it's going to the bike shop Friday. It seems the bike might have had an existing fault which affected the other battery and may have fried this one too and the electrics, that is if it is the regulator that is the problem.

 

So far I've had to pay out for a new battery and this issue could cost quite a lot.

 

It doesn't start and ride fine as stated in the auction, it wasn't starting the day I got it.

 

Surely, I have a good case to take this to the small claims court?

 

One thing I forgot to mention, as this bike was won on Ebay and a courier collected it, the seller never signed the V5 and gave it to the courier for me to sign and send off, it seems the seller has forged my signature as it would require my signature to be sent off,

 

So I am guessing that is the only way he could have sent it without me signing it? I haven't received the V5 yet, I won the bike on 30th May, he says it was sent on 1st June, the courier delivered my bike on 9th June.

 

I've done a HPI check and that seems ok apart from it says the bike is blue when it is black but I guess that doesn't matter.

 

Bought a motorbike off Ebay end of May, got a courier to pick it up after paying via bank transfer, got the bike last Tuesday 9th June and got the paperwork and the new keepers details slip but no actual V5, I thought he was signing it and giving it to the courier for me to sign and send off.

 

As I never signed it, surely he signed it on my behalf, is this allowed?

 

Also, the bike doesn't match the description as running, riding and stopping fine, the seller refuses to co-operate at all.

 

When I received the bike last Tuesday it wouldn't start, messaged seller and he said it is 100% perfect working order as described.

 

Tried charging the battery Wednesday, still wouldn't start, took the battery to the bike shop last Thursday and they said it was the wrong model although it would have worked if it wasn't a dead battery, paid £40 for a new one, seller refused to reimburse.

 

It started and was ridden for less than an hour and a half over 3 different days, on Tuesday it cuts out completely and won't start, if the generator or regulator is the cause then that's why the other battery died and may have caused this new one to die too but the electrics won't work at all.

 

I informed the seller that it isn't as described but he's refusing to pay for the battery or any other repairs its gonna need, I said I will take him to the small claims court,

 

but after messaging him a few times he's accusing me of making unfounded claims against his character which I haven't, just informed him a couple of times that the bike is not as described. Also says I am harrassing him which is laughable.

 

The bike is going to be looked at tomorrow, where do I stand in all of this? I have the receipt for the battery and will have receipts for the repairs, have got screenshots of the auction and description plus messages from the seller.

 

Thanks.

[renegadeimp]

The bank transfer request should have sounded alarm bells. And never buy a vehicle without test driving it first

[thecookiemonster]

He didn't request it, I paid that way as I couldn't pay cash and Paypal doesn't offer protection when paying for a vehicle so that's why I went down that route.

 

Where do I stand on this? He has nearly 1,000 feedback and has been a member on Ebay for 16 years.

[Conniff]

What are the actual points that make it 'not as described' ?

 

 

With a charged battery, it is running.

[renegadeimp]

He said 100% perfect working order conniff. Not just running.

[raydetinu]

As with any auction, Its Caveat Emptor; buyer beware!

If it has no major faults, I doubt a court would uphold your claim.

However no harm in trying?

[2ltr16valve]

The v5 would be issued without s buyers signature so you can not assume yours was forged. My bro buys salvage cars and when there sold on the v5s are often sent without signatures and get issued fine.

 

As already said, these are fairly minor issues and issues that could occur at any time.

The reg/rectifier is a common fault on the cbr/cbf bikes, an this would cause battery and running issues. Usually cooks the battery and causes bad running.

[ploddertom]

Have merged 2 threads on the same subject together.