Advice needed For Post Bike Sale

[TNT1]

Lots of laywers on here without law degrees.

Is it your first day on the internet?

[DR ◣◢]

The CPA states:

 

 

 

And:

 

 

I think the way it's intended is that the seller (supplier) has up to 3 or even 6 months to makes this right via replacing the defective parts before a full refund will be entertained. I would certainly assume that if the OP pursues a legal route, the seller's lawyer would respond as such.

 

 

My understanding: A ‘transaction’ in terms of the CPA refers to agreements concluded in the ordinary course of business by a supplier and a consumer. 

 

And: A private sale of property is not a transaction which falls within the ambit of the CPA,

 

So if the seller claims it was his own personal bike and not sold through his business then things get muddy. 

[FreeSoul]

Is it your first day on the internet?

 

hahahahah

[eddy]

The CPA states:

 

Section 56(2) of the Act states that if a consumer purchases goods that do not comply with the requirements set out in section 55 a consumer may within six months of the purchase return the goods to the seller at the seller’s risk and expense and the seller must at the direction of the consumer either:

• Repair or replace the defective goods; or
• Refund the consumer fully for the goods purchased.
• Section 56(3) of the CPA states that if the seller is unable to repair the defect within three months the seller must:
• Replace the goods; or
• Refund the consumer fully.

 

And:

 

The supplier is then obliged to repair the goods or alternatively replace them free of charge for the consumer. Should the supplier attempt to repair the goods, but not be able to do so successfully within three months of the goods being returned to the supplier, then the supplier is obliged to replace the goods or refund the consumer fully.

 

I think the way it's intended is that the seller (supplier) has up to 3 or even 6 months to makes this right via replacing the defective parts before a full refund will be entertained. I would certainly assume that if the OP pursues a legal route, the seller's lawyer would respond as such.

 

 

I haven't looked it the bigger picture but the way I read what you have posted, is that the choice is with the consumer. 

[eddy]

 

 

So if the seller claims it was his own personal bike and not sold through his business then things get muddy. 

 

If it was his personal bike, why did he not know that it was broken ?

[FreeSoul]

If it was his personal bike, why did he not know that it was broken ?

 

Not his personal bike. I have proof that he is selling bikes on behalf of many individuals.

Edited January 21, 2021 by FreeSoul

[ChrisF]

Not his personal bike. I have proof that he is selling bikes on behalf of many individuals.

 

What does his profile say ?  Is he registered as a "Dealer" on the Hub ?

 

 

Been a few rumblings about "regular sellers" that are selling as private individuals .... in which case it becomes even more difficult to enforce the CPA.

 

 

As nice as the CPA is in principle .... the one time I needed it, it proved to be rather useless ....

 

 

Sounds like it is time for a factual rating for this seller.

 

 

HOPE you manage to get a decent set of components, and are able to put this behind you soonest.

[TNT1]

I haven't looked it the bigger picture but the way I read what you have posted, is that the choice is with the consumer. 

Yeah, I agree, and I completely sympathise with the OP here. However, not directly with this issue, but having been involved with enough legal wrangling, I can easily see where the seller here will push to have the maximum allowed time to correct this with replacing stuff before the refund any money.

Maybe I'm just too old and cynical.

Edited January 21, 2021 by TNT1

[DR ◣◢]

Not his personal bike. I have proof that he is selling bikes on behalf of many individuals.

 

Interesting one. So acting as an agent for a commission I assume. 

[FreeSoul]

https://ibb.co/P5mFDtX

 

Attached convo. Responses are few and far between!

Edited January 21, 2021 by FreeSoul

[Rock Guy]

Not his personal bike. I have proof that he is selling bikes on behalf of many individuals.

hmmm....

 

I wonder if the seller is disclosing any of this income to SARS? Perhaps he is due for an audit? 

 

Not that I wish the wrath of SARS upon anyone, but maybe he deserves to pay some school fees himself?

[Mike Mac]

I haven't looked it the bigger picture but the way I read what you have posted, is that the choice is with the consumer. 

Correct.

[Shebeen]

https://ibb.co/P5mFDtX

 

Attached convo. Responses are few and far between!

Look, we don't have his side of the story, but I think you've been pretty detailed. 

 

This just boils down to what this guy's reputation and name is worth to him.

Give him 24 hours to refund and take the bike back or name and shame. 

if he really is a trader then he will surely be weighing up his loss on this deal or future ones.

[stringbean]

Just a side note if the bike had cure ace 9070 on the the chances you going to get any sores are slim to zero.

[s14phoenix]

Look, we don't have his side of the story, but I think you've been pretty detailed. 

 

This just boils down to what this guy's reputation and name is worth to him.

Give him 24 hours to refund and take the bike back or name and shame. 

if he really is a trader then he will surely be weighing up his loss on this deal or future ones.

 

Be carefull of this one also... he can also get some legal eagle and sue for damage caused to business through your naming and shaming. Make sure all details are fact and ample proof is provided of all statements...

[TNT1]

Be carefull of this one also... he can also get some legal eagle and sue for damage caused to business through your naming and shaming. Make sure all details are fact and ample proof is provided of all statements...

At least post the original photo from this website that hows a cracked derailleur. I mean that's in the public domain.