Reply
 
Thread Tools Search this Thread
 
Old 06 May 2010, 05:56   #11
Member
 
chewy's Avatar
 
Country: UK - England
Town: Up Norf
Make: Avon SR4,Tremlett 23
Length: 4m +
Engine: Yam 55, Volvo 200
Join Date: Apr 2007
Posts: 5,217
Quote:
Originally Posted by Rogue Wave View Post
whats his ebay reputation like
Not as good as it could be.

Quote:
Originally Posted by Polwart View Post
My gut feel though is that even if you have rights, you probably will not be able to enforce them easily and will waste a lot of time and effort trying.
I think your right. Even if it was sold as seen it was in good working order when it was bought.

Did you buy the Landy as part of your business ie its insured for towing, the company paid for it etc.
If so then your rights change. Best bet is to ring trading standards and see what they say.
__________________

__________________
chewy is offline   Reply With Quote
Old 06 May 2010, 06:22   #12
RIBnet supporter
 
bedajim's Avatar
 
Country: UK - England
Town: Cambs/Northants
Length: no boat
Join Date: May 2006
Posts: 2,499
Have you got an invoice etc and how is it worded?
You inspected it and paid, so to use your own words you were happy
Did you get any other independent inspection AA RAC ?


Also he could claim that you did the damage by driving it with a water leak etc, which happened after he sold it to you and he's only prepared to pay for the initial water leak as it was your continued driving that caused further damage

Barristers, Solicitors, Accountants allegedly

First meeting your 100% in the right
Second well things could be more difficult
Third it'll be 50/50
Fourth here's my bill and I'd do a deal with them if I was you
__________________
bedajim is offline   Reply With Quote
Old 06 May 2010, 06:37   #13
RIBnet admin team
 
Poly's Avatar
 
Country: UK - Scotland
Boat name: imposter
Make: FunYak
Length: 3m +
Engine: 2 stroke YAM 20 HP
MMSI: 235089819
Join Date: Sep 2005
Posts: 10,114
Quote:
Originally Posted by bedajim View Post
Barristers, Solicitors, Accountants allegedly

First meeting your 100% in the right
Second well things could be more difficult
Third it'll be 50/50
Fourth here's my bill and I'd do a deal with them if I was you
Jim, you'll not go far in this world if you've only managed to bill for 4 meetings!

I think you make a very valid point about the water level, and I'd hazard a guess that none of us check it as frequently as the owners manual recommends and that will be his get out.
__________________
Poly is offline   Reply With Quote
Old 06 May 2010, 06:45   #14
RIBnet supporter
 
bedajim's Avatar
 
Country: UK - England
Town: Cambs/Northants
Length: no boat
Join Date: May 2006
Posts: 2,499
Quote:
Originally Posted by Polwart View Post
Jim, you'll not go far in this world if you've only managed to bill for 4 meetings!

I think you make a very valid point about the water level, and I'd hazard a guess that none of us check it as frequently as the owners manual recommends and that will be his get out.
No he only billed me for 4 meetings
__________________
bedajim is offline   Reply With Quote
Old 06 May 2010, 08:27   #15
Member
 
Country: UK - England
Town: Mighty Penryn
Boat name: Little Joe.
Make: Avon Searider
Length: 4m +
Engine: Honda BF50
Join Date: Aug 2005
Posts: 8,841
Ask for money back, threaten Trading Standards. Don't accept a repair. If he's trade in anyway you have 3mnths warranty. If it were a trade sale, it should've been clearly stated on the invoice.
__________________
Mollers is offline   Reply With Quote
Old 06 May 2010, 08:39   #16
Member
 
Country: UK - England
Town: Southampton
Boat name: no name yet
Make: Still building it..
Length: 5m +
Engine: 115 hp
Join Date: Jan 2010
Posts: 582
Quote:
Originally Posted by neilda View Post
The Sale of Goods Act should come to your rescue - the car has to be fit for purpose, it clearly wasn't.

Can you have a mate ping him an innocent mail asking if he's a trader? If he confirms by email that he is, then it's another hook to hang him from were you to take it to the Small Claims Court.
Depends if a receipt states as tried and tested.
been there before .............or sold as seen tried and tested.
the courts at the time when this happened to me said within 24 hours I could have returned the goods......no joy after that.
__________________
Sonar is offline   Reply With Quote
Old 06 May 2010, 11:27   #17
Member
 
Country: UK - England
Town: Near Godalming
Boat name: AJA
Make: Ribeye
Length: 6m +
Engine: Yamaha F150AETX
Join Date: May 2009
Posts: 558
The dealer cannot contract out of the Sale of Goods Act (1979). There is an implied warranty in the act that the goods should be free from minor defects (unless stated), be fit for the purpose intended, and various other implied terms.

'Sold as seen', 'tried and tested' are not a defence and the Small Claims Court would find in Tim's favour (if it's a dealer).

He should alert the vendor quickly to the problem though, the sooner the better.
__________________
neilda is offline   Reply With Quote
Old 06 May 2010, 12:24   #18
RIBnet admin team
 
Poly's Avatar
 
Country: UK - Scotland
Boat name: imposter
Make: FunYak
Length: 3m +
Engine: 2 stroke YAM 20 HP
MMSI: 235089819
Join Date: Sep 2005
Posts: 10,114
Neil the court will also bear in mind the age and mileage of the car, and the fact that Tim drove nearly 500 miles on it before a fault emerged. I don't think its as clear cut as you would like it to be. I'd also expect them to take into account any claimed service history and what servicing the new owner did to prevent mechanical failure.
__________________
Poly is offline   Reply With Quote
Old 06 May 2010, 12:29   #19
Member
 
Hightower's Avatar
 
Country: UK - England
Town: Fareham
Length: 6m +
Join Date: Sep 2003
Posts: 7,855
Quote:
Originally Posted by neilda View Post
The dealer cannot contract out of the Sale of Goods Act (1979). There is an implied warranty in the act that the goods should be free from minor defects (unless stated), be fit for the purpose intended, and various other implied terms.

'Sold as seen', 'tried and tested' are not a defence and the Small Claims Court would find in Tim's favour (if it's a dealer).

He should alert the vendor quickly to the problem though, the sooner the better.
The dealer can contract out of Sales of good act if he put "Sold as spares" on the invoice/receipt like one dealer did on a cheap runaround for me.

I suspect Tim that you'll end up going around in circles if the seller doesn't play ball.

Have you contacted him yet? what did he say? He could be a genuine chap just trying to run his business. You won't know till you've contacted him.

Tim, Play on his sympathies if he has any. The most you can expect is a repair or replacement engine. You've driven the car for 440 miles that's about 6 hrs of running and it was fine. This is what he'll say, I doubt you'll get your money back easily.
__________________
Andy

Looks Slow but is Fast
Member of the ebay Blue RIB cover club.
Hightower is offline   Reply With Quote
Old 06 May 2010, 13:02   #20
Member
 
Country: UK - England
Town: Hamble
Length: 9m +
Join Date: Dec 2002
Posts: 2,317
Just being nosey, what mileage has the motor done?
__________________

__________________
It is better to remain silent and be thought a fool, than to speak and remove all doubt!
Dirk Diggler is offline   Reply With Quote
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off





Copyright 2002- Social Knowledge, LLC All Rights Reserved.

All times are GMT -5. The time now is 11:53.


Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.