throttles Posted May 13, 2019 Author Posted May 13, 2019 Does the CPA apply in transactions between private individuals or only when the seller acts in the normal scope of his business ? Well, i paid into his standard bank "business" account.
Grease_Monkey Posted May 13, 2019 Posted May 13, 2019 Does the CPA apply in transactions between private individuals or only when the seller acts in the normal scope of his business ?The CPA does not apply to private individuals, so has no bearing on this transaction unfortunately. The only legal course of action the buyer can take is to open a case of fraud, which let's be honest - for R1250 is not worth the time and effort. slickjay007, Steven Knoetze (sk27) and bertusras 3
Robbie Stewart Posted May 13, 2019 Posted May 13, 2019 more than likely an ISUZU Hey, watchit! What's wrong with Isuzu? I drive one, and it's a beast. slickjay007 1
ChrisF Posted May 13, 2019 Posted May 13, 2019 Interesting thread .... and interesting responses ... Am I the only one "worried" by the fact that the buyer misrepresented his "immediate payment" ? Clearly this story has THREE sides .... not sure we are privvy to the FULL truth .... that said, in FULL agreement about the multitude of posts regarding the onus on the seller to ensure the REAL condition of items are clearly shown in the ADD. but having been nearly scammed by false "proof of payment" I see a big red flag .... and can only wonder about the "full truth" ....
Jewbacca Posted May 13, 2019 Posted May 13, 2019 Interesting thread .... and interesting responses ... Am I the only one "worried" by the fact that the buyer misrepresented his "immediate payment" ? Clearly this story has THREE sides .... not sure we are privvy to the FULL truth .... that said, in FULL agreement about the multitude of posts regarding the onus on the seller to ensure the REAL condition of items are clearly shown in the ADD. but having been nearly scammed by false "proof of payment" I see a big red flag .... and can only wonder about the "full truth" ....Was he trying to misrepresent his payment, or did he send a screenshot of the payment made with a date/time stamp? 2 very different things. I believe the OP has said that he then went home and sent an actual POP from his PC later? I'm always circumspect in these situations but no one should be selling a helmet like that! It wouldn't pass inspection at most races. Bin it or wear it till you bin it. I'm going with school fees and BURN THE WITCH! ChrisF and Danger Dassie 2
cpelser Posted May 13, 2019 Posted May 13, 2019 I'm sitting here reading this, and can't help to think how it must suck to be the seller. No way on Earth he or anyone he knows can like him at all.Op may lose R1250 but this tjop needs to be himself for the rest of his life. Ek sny eerder my polse met n nat besluit... Skylark, Quagga, Tiny K and 2 others 5
pe3nguin Posted May 13, 2019 Posted May 13, 2019 My aussie slang isnt great. But I'm sure there is a phrase for this seller
Quagga Posted May 13, 2019 Posted May 13, 2019 Dear ThrottleWTH respect let’s go through this together and keep it to the facts. You assured me payment was done instantly and must keep the goods for you. You said you would do a instant payment form same bank to same bank. The proof sent to me of payments were not recognized by the bank as legitimate a day later and dither proof two days later. It possible your intention at that time was not to pay me right away I don’t know. I then alerted you to the fact and then on the third day payment was received. I apologies for the bank not recognizing your proof of payment but the fact remains they never seen this type of proof ... The goods are in good condition, before they were packed they were also photographed. Further more I confirmed our discussion and noted the goods are sold as is in the letter with one pictures of the packed goods. There be no further comment and wish you happy riding.Please post your pictures then! pe3nguin 1
Eugene Posted May 13, 2019 Posted May 13, 2019 Does the CPA apply in transactions between private individuals or only when the seller acts in the normal scope of his business ?I've have received some training on the CPA and if my memory serves me correctly, it does not include private deals, however if the seller is a regular trader, then yes it would. I'm not quite sure how a regular trader would be defined, but the legal people here might be able to advise. ChrisF and Captain Fastbastard Mayhem 2
Eugene Posted May 13, 2019 Posted May 13, 2019 The CPA does not apply to private individuals, so has no bearing on this transaction unfortunately. The only legal course of action the buyer can take is to open a case of fraud, which let's be honest - for R1250 is not worth the time and effort.Unless the private person is a regular trader. Grease_Monkey 1
Veebee Posted May 13, 2019 Posted May 13, 2019 Please post your pictures then! photoshop is a thing !
Grease_Monkey Posted May 13, 2019 Posted May 13, 2019 (edited) Unless the private person is a regular trader.I worked for a company that bought and sold 2nd hand electronic devices for quite a while. We obviously fell under the CPA, I was involved in that transition from private seller to regular seller - and there was quite a bit of volume that needed to take place before that happened. I only know of one or two private sellers on the hub that would fall under that definition. A few other things need to take place at that point too (for a 2nd hand good seller) like getting police clearance and agreeing to stick to regulatory things like getting a copy of a seller's ID, etc... Edit: not disagreeing with you about CPA though, just don't think this seller will fall under that regulation. 2nd Edit: this my post are getting a bit off topic, so let's get back to BURNING THE WITCH! Edited May 13, 2019 by Grease_Monkey Captain Fastbastard Mayhem and Jewbacca 2
Quagga Posted May 13, 2019 Posted May 13, 2019 Well, i paid into his standard bank "business" account.So you and him are both at Standard bank? If that then the payment should have shown immediately? DieselnDust 1
Quagga Posted May 13, 2019 Posted May 13, 2019 photoshop is a thing !Hahaha I dont think one can repair that crap even in PS :-)
EvanB Posted May 13, 2019 Posted May 13, 2019 Std to Std on a weekend isn’t immediate and has given me hassles before Quagga, Tiny K, Me rida my bicycle and 2 others 5
Jewbacca Posted May 13, 2019 Posted May 13, 2019 Std to Std on a weekend isn’t immediate and has given me hassles beforehahahahaha I would suggest most Std transfers between strangers take place on the weekend and it's usually pretty immediate.... Going to wait for v12man or another doctor to confirm...... ChrisF, Rowber, Dexter-morgan and 6 others 9
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