Name and shame - HUB Member

[Karman de Lange]

cpa doesnt apply to private sales

 

"The CPA would protect a buyer who buys a car from a dealer. However, a private sale of property is not a transaction which falls within the ambit of the CPA, as you were not acting within the ordinary course of your business, and therefore the common law position applies".

 

But this person sells often .. which then is not a once of sale .. so then in the spirit of the CPA this person does it as a business … Well, thats my interpretation

[The Bike Vendor]

Was also wondering that, as there is not really an option for the bike to be return, at best the actual previous owner can refund a partial amount to make up for the some of the repair costs (ie the difference between the actual quality and the advertised value)

 

I took the chance with my money buying from him, I asked him for a refund and he refused. I then asked him if he could pay me back R 3 400, making the buying price R 15 000 ( I paid R 18 400 ). That way I could spend some money one the bike, he refused.

 

I finally finished fixing up the bike today so thought I would post so that people can know, I did not post to get any money back. 

 

I have made peace with what happened.

[Escapee..]

CPA is your friend

 

What you talk Bro?

[The Bike Vendor]

Maybe the OP don't want the refund and just warning other hubbers out there. This is not the first time I've heard of situations like this. Also, "selling on behalf of a friend is always the easy way out". 

 100% spot on 

[rorydewet]

But this person sells often .. which then is not a once of sale .. so then in the spirit of the CPA this person does it as a business … Well, thats my interpretation

 as you were not acting within the ordinary course of your business

 

selling bikes is a side line not ordinary course of business

 

again my view

[nickc]

I took the chance with my money buying from him, I asked him for a refund and he refused. I then asked him if he could pay me back R 3 400, making the buying price R 15 000 ( I paid R 18 400 ). That way I could spend some money one the bike, he refused.

 

I finally finished fixing up the bike today so thought I would post so that people can know, I did not post to get any money back. 

 

I have made peace with what happened.

 

Thanks for the heads up.

I had been looking at a couple of his ads.

Enjoy your Dale and may it give you many KMs of happy riding !!

[LeoKnight]

I took the chance with my money buying from him, I asked him for a refund and he refused. I then asked him if he could pay me back R 3 400, making the buying price R 15 000 ( I paid R 18 400 ). That way I could spend some money one the bike, he refused.

 

I finally finished fixing up the bike today so thought I would post so that people can know, I did not post to get any money back.

 

I have made peace with what happened.

Also hope at some stage the thread will change into ways to protect the community (and sellers). What kind of questions and commitments to get, warning signs to look out for.

 

For me positives include

- number of posts

- number of items previously sold to happy buyers

- photos and available for inspection

- third party (local lbs) inspection

- other contact details other than just email

- No negative google results for the email address or number

- etc.

 

Not saying all aspects need to be present just some of the aspects that give me comfort

[DjCyclist]

But this person sells often .. which then is not a once of sale .. so then in the spirit of the CPA this person does it as a business … Well, thats my interpretation

Maybe they should send SARS around, seen that he buys and sells ????

[Karman de Lange]

 as you were not acting within the ordinary course of your business

 

selling bikes is a side line not ordinary course of business

 

again my view

 

problem is … CPA is a "spirit" of the law system…   So the buyer might see the seller as someone that does it for a business (sideline or not)  as he have so many sales and ratings so expect goods to be as per advertised.....

 

maybe some lawyers can chirp in ?

[Edge_Design]

so here we go.

i advertised the bike on behalf of some1 .

i get a call from the buyer saying hes interested in buying the bike.

the buyer then neg on the price advertised and we agreed to a price drop.

we then start chatting about the bike,yes i did say its in good working condition.to my knowledge the bike was.in my defense i am not a bike mechanic.

i  mention to the buyer that its not my bike so i can only give info to what i can see on the bike i aslo said that the bike was not used for a while so was standing .after all of that the buy was still happy to buy the bike.

 

if you look at my rating people that bought items from me or MY personal item are happy.

yes i tried to get hold of the guy but no reply from hes side.

 

In your defense it is possible you could have sold the bike without noticing any of the damage referred to (most of it would require riding the bike or bringing out some basic tools which you might not have done). But... once it all was brought to your attention by the buyer, what do you think you SHOULD have done? In your own words, what DID you actually do to try and fix the situation?

 

You do a lot of trading (251 past ads on the hub) so it's worth taking a few minutes to respond to this.

[fanievb]

CPA is your friend

 

private sale of second hand goods between 2 individuals. please enlighten us as to how the consumer commission will get involved and resolve this?

[Joe funk]

I have tried on numerous occasions to get hold of the guy but with no luck. If it was my personal bike and if I was aware of what the buyer listed then I would either refund or give a portion to replace. however it was not my bike.

[Shebeen]

I did what I could to get my money back, but he was not cooperating.

 

I have made peace with the loss, I made this post so that people are aware of what happened. 

That's civil thing to do.

 

Pictures would help your cause, the hublic love dissecting pikshas

You said you like the look of the bike and most of the issues would have been hard to see from a picture, but the worn chainrings would be a giveaway. - did you not get those?

 

What was the original price, also what model. if it is a 2017 carbon scalpel si, then the price of R18k should have sent some alarm bells.

[Edge_Design]

problem is … CPA is a "spirit" of the law system…   So the buyer might see the seller as someone that does it for a business (sideline or not)  as he have so many sales and ratings so expect goods to be as per advertised.....

 

maybe some lawyers can chirp in ?

 

CPA is the "Consumer Protection Act" - nothing to do with spirit of anything. It is a legal Act with a clearly defined application.

[Karman de Lange]

private sale of second hand goods between 2 individuals. please enlighten us as to how the consumer commission will get involved and resolve this?

Second hand goods fall under CPA

 

also, see my response above , seller does this to make money often (250 odd adverts) … so might get interpreted as bussiness...

[fanievb]

CPA is the "Consumer Protection Act" - nothing to do with spirit of anything. It is a legal Act with a clearly defined application.

 

gotta love when people start throwing around the CPA having no clue as to it's application.

 

anyhow, on to the thread