Am I being unreasonable here?

[RobertWhitehead]

I've just been wondering if I am a little impatient here? I decided before I act I will post it to the wise oracles of the interwebs to see if I need to sharpen my pitchfork and or if I can stand down soldier. Here's my scenario: 

 

• Bought a 29er fork from a fellow hubber on the 26th of Jan 2021. Images showed a decent Fox CTD 32 Evo with remote lockout and thru axle.
• Fork arrives on Friday the 29th and once I open it it has no thru axle. I query this and it was said that it was forgotten and will be sent on the Monday (no worries, I have also done this in the past - omissions happen)
• Saturday I start to build the bike and everything goes quite smooth until I try to fit the front wheel - the wheel does not fit! This is weird, I jump onto the Fox website with the ID code: CFKK - https://www.ridefox.com/fox17/help.php?m=bike

Low and behold this fork is not a 29er as advertised its actually a 650B. 

• I contact the seller again and inform him of said error on the Saturday afternoon at 15:20. He replies at 21:20 asking what the problem is. I send him the code and link to their website and tell him that the fork is actually a 650B and not a 29er. His reply: "Hmmmm dit maak nie sin nie". 
• On Sunday I send him my banking details and ask him to refund me so that I can return the fork to him. Apparently he owns a service center so I figured he can use or sell it on again as I don't have a use for a 650B fork. He replies by saying that he'll chat to me on Monday, fine everyone should rest and spend time with family, I respect that. 
• Monday morning at 10:00 I send him a message asking about the refund, no reply. 
• Tuesday (yesterday) I send him another message asking him about the process going forward. He informs me that I can sell the fork on, at this point he has forgotten to send me the thru axle and also the fact that he sold me a 650B fork as a 29er. 
• I remind him that this will be quite bad for him if I now have to sell the fork on to someone else as I will have to go and purchase a new thru axle and I will have to give him a bad rating here on the hub. Here's my words and his reply: 

Ek gaan moet 'n thru axle gaan koop om hom weer heel te maak. En jy besef dat ek jou 'n slegte rating gaan gee omdat jy aan my 'n 650B vurk verkoop het as 'n 29er sonder 'n axle

 

His reply: 

 

As by wil dryg go ahead , ek Sal def vir jou terug betaal hey Maar lyk my jy wil nou baas speel. 

 

My reply: 

Nope, ek speel niks baas nie, ek behandel jou nog heeltyd ordentelik en ek is ook nie negatief nie. As jy wil hê dat ek die vurk na jou toe moet terug stuur dan gee my die Postnet adres waarnatoe ek hom kan stuur en doen asb die eft soos ek Saterdag gevra het.

 

I've never played boss in any way, I mean I'm not even angry, the fork is in bloody good condition, part from the fact that it's the wrong wheel size  .

 

I've already given him my banking details and asked him for the address where I can send this fork back to. This went unanswered. 

 

 

His reply to the above was then: He will be coming to PTA over this weekend and he will sort it out then. I then asked that he then pay me 50% of the fork's value so that I don't have to sit and wait until the weekend before having this resolved. This also went unanswered.

 

My question to the wise oracles are: Am I just being impatient or does it seem like his playing for time and has no intention to refund me and or take the fork back? Should I just add a rating, buy a new thru axle, list the fork and move on? 

 

Thanks guys, sorry about the essay

 

[DieselnDust]

He's a scumbag

[bertusras]

To answer your question. You are absolutely not being unreasonable here. You should get all your money back + shipping costs in my opinion.

[StevJam]

Morning Robert

Great explanation to what seems to be a very "deliberate" attempt too sell you something, based on incorrect information. If he's being unreasonable in the repayment (which is all done electronically), then you need to report him to BikeHub Admin. If you feel you can resell the item for the price you invested, do so (sans the thru axle). Make sure to give the Seller 5 working days too initiate a refund.

Good luck.

[Karman de Lange]

Morning Robert

Great explanation to what seems to be a very "deliberate" attempt too sell you something, based on incorrect information. According to the CPA Law this should constitute a direct refund including the return shipping costs, by the seller. If he's being unreasonable in the repayment (which is all done electronically), then you need to report him to BikeHub Admin. If you feel you can resell the item for the price you invested, do so (sans the thru axle). Make sure to give the Seller 5 working days too initiate a refund.

Good luck.

 

CPA only applies to companies or people that sell often to make money

 

so if the seller sells bike parts often and its known that he/she does, then might apply , otherwise no CPA ......

 

unless it changed in last year

 

https://www.vanhuyssteens.co.za/newsroom/item/58-the-unenviable-position-of-persons-selling-second-hand-goods

 

 

However, for the CPA to be applicable, the sale must be in the 'ordinary course of business' of the seller and not be a 'once-off' transaction.

Edited February 3, 2021 by Karman de Lange

[AdamA]

I don't think your being unreasonable. If he doesn't make right by the weekend i think you need to tell us who it is in addition to giving him a bad rating.

[DieselnDust]

Why the weekend? CoB today

[Veebee]

Its already been 5 days, you should have had your money back by now.

 

Name and shame, hound him.

He needs to refund you NOW NOW !!

[Prince Albert Cycles]

Can’t see why you should sell it on in a smaller market . Refund or bust.

[Long Wheel Base]

I will be surprised if the meeting on the weekend will happen. Seems like he is just making excuses to prolong things.

I don't think you are being unreasonable.

End of the day, you never got what was advertised.

[DieselnDust]

Take it up with SAPS as well. There's a fraud case here.

[MarcBurger]

I think your first mistake was buying a CTD 

But seriously: at first it seems he has every intention of a return and refund. Mistakes happen and I'd give him the benefit of the doubt.

If you were ghosted or sold a proper defective product without resolution, then I'd threaten a bad review and a rant post. 

[Quagga]

Tell him he has 24h to refund you and he can come fetch it from you anyway or you can send it back

 

24H later NAME and SHAME him here

 

I am sure everyone here will agree that we do not want people like him on the hub

[DieselnDust]

Tell him he has 24h to refund you and he can come fetch it from you anyway or you can send it back

 

24H later NAME and SHAME him here

 

I am sure everyone here will agree that we do not want people like him on the hub

Don't want scamsters in the industry

[Shebeen]

I'm trying to see it from the seller's side.

 

Maybe, , um, well.

No it's not possible. 

 

This is the black and whitest case of a full refund, oops sorry for wasting your time possible. An honest mistake is just that, be a wonkdonk about it and we wonder if it might have been intentional..

[Shebeen]

the real ROBERT WHITEHEAD would have gone all Barker haines on his ass properly by now. oke would be in a bodybag in the jukskei