Legal Help for Items bought from this site Please

[Wayne R]

Hi fellow Hubbers

 

I'm reaching out to all my fellow hubbers as a newbie who has only used this site a few times for some help. I purchased a bike advertised a week or so ago, I have a whole string of Whatsapp messages liaison between myself and the buyer detailing price, terms etc. I have paid for the bike and have sent proof of payment and received a confirmation from him that he received it and was awaiting the couriers to send the bike down to Cape Town as discussed in my messages with him.

 

Now an angry family member has stepped in and wants to transfer my money back to me because they feel he has been taken advantage of and can get more for the bike.......after my payment has gone through. The original plan was for this family member to help out with the courier to Cape Town (since they owned or worked for a courier company) but will not even give me the opportunity to arrange my own courier at my cost now ???????

 

Please guys, give me some info here, and if the Hub administrators could step in here and give me their 10 cents worth, that would be great.

 

Had I not paid and organised all of this, it would have been a different story but since this is a paid and Done deal in my eyes I don't want to let this go.

 

Thanks

Wayne

[dre]

Yep. That's a contract and not sending it will be breach of contract on the sellers part. Probably not worth it to obtain (real life) legal advice, depending on the selling price (?). Technically you will have a claim for him to go through with the contract or you can cancel and get your money back. You can claim legal costs as well, but not without incurring legal fees and then you still don't have a guarantee that you will get your legal fees.

(This will need to be dealt with in a court.. or settled)

 

 

In any event, real ___ move by the seller.

 

Edit: Removed bad word

Edited January 28, 2014 by dre

[Cellar]

[fabes]

Make the seller aware of this thread. He will either send bike or give his side of the story

[fabes]

I see it too. HKGK

[BogusOne]

If a price was agreed upon and the deal went through as agreed upon by both parties its a done deal. Except I would imagine if the seller was/is a minor?? That could have an impact but don't hold me to that. Just my 2c

[BogusOne]

http://media-cache-ec0.pinimg.com/736x/ef/b4/a2/efb4a20fce7c04122afcbd158d75052e.jpg

[dre]

If a price was agreed upon and the deal went through as agreed upon by both parties its a done deal. Except I would imagine if the seller was/is a minor?? That could have an impact but don't hold me to that. Just my 2c

 

Oh yes, what he said. ASSuming both parties have contractual capacity (not a minor or under curatorship or mentally incapable). If not then the contract is void. s

[rouxtjie]

Willing buyer...willing seller....name and shame and rate him, nobody will touch anything he sells again

[Cellar]

Willing buyer...willing seller....name and shame

 

With the area. Bet someone here will volunteer to go pick up the pick and have it shipped...

[pista]

 

Now an angry family member has stepped in and wants to transfer my money back to me because they feel he has been taken advantage of and can get more for the bike.......after my payment has gone through. The original plan was for this family member to help out with the courier to Cape Town (since they owned or worked for a courier company) but will not even give me the opportunity to arrange my own courier at my cost now ???????

 

How old is the seller?

Let's see the advert to get an idea of price and item.

[Wayne R]

I've just had a word with the guys mom. He is under 21 but not far off. She is throwing it in my face that she didn't give him permission but in speaking to his Aunt who owns the courier company as well as a Whatsapp message from him (saying that someone did offer more for the bike) I know they have found a buyer who has agreed to pay more. My gripe is that all of this has happened after it was negotiated and paid for. They will not even allow me to arrange my own courier. Is this grounds for theft if I have paid and they will not send (regardless of his age).

 

Thanks Guys

Oh, and the advert link is

https://www.bikehub.co.za/classifieds/76772-urgent-sale-axis-road-bike/

[Wayne R]

With the area. Bet someone here will volunteer to go pick up the pick and have it shipped...

They wont even let me arrange my own courier to get it to Cpt

[Mojoman]

I've just had a word with the guys mom. He is under 21 but not far off. She is throwing it in my face that she didn't give him permission but in speaking to his Aunt who owns the courier company as well as a Whatsapp message from him (saying that someone did offer more for the bike) I know they have found a buyer who has agreed to pay more. My gripe is that all of this has happened after it was negotiated and paid for. They will not even allow me to arrange my own courier. Is this grounds for theft if I have paid and they will not send (regardless of his age).

 

Thanks Guys

Oh, and the advert link is

http://www.thehubsa....axis-road-bike/

The guy is almost 21 and you have to chat to mommy...?!

 

He sold it, you paid for it, they are withholding it so surely you can go small claims with this?

Offer and acceptance or something?

Edited January 28, 2014 by Mojoman

[madbradd]

I would call it theft. Might be worth throwing that at them, and saying that you're happy to collect or lay a charge.

[Hairy]

Ish .. he laid out the terms and you accepted .... in fact he asks that the buyer please help him out.... would like to know the full story behind the story why it was an urgent sale.

 

21 years old and still answering to mommy .... not cool!

 

Sorry Wayne R... seems like you are getting shafted, it would be interesting to see if their attitude changes if you threaten to report this as stolen to the police.