Edge_Design Posted February 27, 2011 Author Posted February 27, 2011 did you ask if there any issues with any of the items purchases PRIOR to taking delivery thereof, to which the response was...? also, was this an 'as is'/'voetstoots' sale, as in was as is/voetstoots mentioned at any time by the seller? I didn't directly ask if the wheels were usable or cracked as I think that is fairly implicit in an advert for a set of bicycle wheels that they are in a usable condition unless otherwise mentioned. Nope, neither of us mentioned voetstoots at any stage... There's not much you can do about the crack I don't think. The seller could very easily have claimed the crack occurred while they were in your possession, and you couldn't prove otherwise. As for the the wrong type wheels, if she advertised the wheels as being a specific type and on receipt they were of a different type, then you should've asked for your money back right away. The real problem lies in the fact that you didn't immediately ask for your money back, she could argue that by not immediately contacting her and asking for your money back, you implicitly accepted what was given - going to be really hard for you to prove otherwise, especially if you sold them on to someone else. I really hope you come right, speak to your legal advisor and report back, would be interesting to see how this goes. Personally I think the seller should just give you at least part of your money back. That is unfortunately the biggest problem here, the time delay... It's going to make things a bit more difficult even though it shouldn't effect it in reality. If you look at each issue in isolation then you could probably justify her defence, when you lump them all together I think it makes for a much stronger case that the wheels were faulty and she misrepresented the condition and details completely. Looking more and more like a lawyer is going to be the best option here for me.
Azi Posted February 27, 2011 Posted February 27, 2011 If you are out R7 grand then rather look at the Small Claims Court - you both won't need/be allowed lawyers, and both can argue the facts as each sees it. You have evidence the goods were sold malefides (in bad faith re the hub, cassette etc) and were not of the specified year. Slim can bring her evidence to court as well. And the court will rule. In your favour is that you did refund the guy who bought the wheels from you (could the crack have been caused by him), but I think you can get at least some of that R7k back.
losttheplot Posted February 28, 2011 Posted February 28, 2011 Real **** one.Lawyers going to cost more than the wheels and you won't get anywhere.Your word against hers.I'm sure she will have some excuse(damaged in shipping etc).Try small claims see where that goes.r
RodTi Posted February 28, 2011 Posted February 28, 2011 If you are out R7 grand then rather look at the Small Claims Court - you both won't need/be allowed lawyers, and both can argue the facts as each sees it. You have evidence the goods were sold malefides (in bad faith re the hub, cassette etc) and were not of the specified year. Slim can bring her evidence to court as well. And the court will rule. In your favour is that you did refund the guy who bought the wheels from you (could the crack have been caused by him), but I think you can get at least some of that R7k back. + 1 The minute you get lawyers involved, you're already looking at anything from a 2k retainer upwards, before the first letter has even been sent... For a R7k claim, go via the small claims court... They're to be found at most of the local Magistrate's courts -- depending on where the two of you are, this will determine the relevant jurisdiction... This is, as you have correctly pointed out, not a straight up and down case, but at least through the SCC your costs will be minimal, and more importantly, should you not be successful - at least you won't be left with having to pay the other side's legal fees as well - which is possible, should it go anywhere else other than the SCC...
Whiskers_81 Posted February 28, 2011 Posted February 28, 2011 * If anyone has any good photo editing skills, please contact me too. I coincidentally took pics of the wheels/rims a week after I got the wheels when I advertised them for sale. I can see the crack in the picture, but can't get it clear enough to be definitive (the pics were taken with my phone unfortunately!). That is pretty solid evidence that the crack was there when I received them and not a new thing from sitting around, but would prefer it to be clearer before using it. Photo editing is not your solution Edge. The best is to get a Compact Digital Camera and take a close up photo with the Macro function on the camera. If you have a friend with a SLR and a Macro lens even better. Goodluck!!
LeTurbo Posted February 28, 2011 Posted February 28, 2011 "wheels incl skewers, hub, as you see it, thats what you get. new continental gatorskins tubbies on. Zipp 303 -front and Zipp 404 rear. would you like to swop for the edge carbon clinchers? " The above is from Snip's post listing in her profile. I think the "as you see it, that's what you get" could be the problematic clause, but also, to me, indicates that she knew things weren't entirely kosher.
Guest coenie Posted February 28, 2011 Posted February 28, 2011 Wow look like that wheel took a beating on railway track or something...try small claim court... Interesting that snip does not say sorry, I will take the wheels back, or even sorry I will give you X amount and then we call it even? you can then sell the other wheel still....
chicababe Posted February 28, 2011 Posted February 28, 2011 Jeez, that really sucks. Snip, you are a scumbag, even if you are a girl. You cant really call someone a scumbag if you dont know the story from both sides. So please if Snip can tell her story, so that you have it from both sides. Then you can go on name calling. But think that also would be a bad idea. I would like to hear snips side of this story aswell before judging.
Guest coenie Posted February 28, 2011 Posted February 28, 2011 You cant really call someone a scumbag if you dont know the story from both sides. So please if Snip can tell her story, so that you have it from both sides. Then you can go on name calling. But think that also would be a bad idea. I would like to hear snips side of this story aswell before judging. Snip has been reading this so why not post then ?
Guest Posted February 28, 2011 Posted February 28, 2011 (edited) I'd have asked for detailed photos of the wheels from both sides. In this day and age I don't buy that someone doesn't have the means to take a decent digital pic, especially sporting wheels like that. No ways. I'd have also asked for the serial numbers of the rims, and had a shop check them up for me through the agent, which would have revealed the exact model/year.Lastly, I'd have opened the package the instant it was delivered, and this would have allowed me to reverse the charges or demand a discount/refund.All of the above you never did, and now you're here crying over spilt milk, complaining that you are out R7k, which by the way you've done this deal, seems like it didn't mean much to you at the time, but now it does.Advice, SCC is worth a try, but here's the problem...you have NO proof, you took so long. The court will likely dismiss this case based on that alone.Next time, why not do your dealings better, and before parting with a large sum like this, get decent info. It'd have even been worth your while flying to the buyer yourself to see them in person. I've done this before. It's the 21's century. oh, and to add to this, you could have got the seller to take the wheels to a bike shop, had them checked out (at your expense) and made the purchase from there. ALL good things to consider. You duped yourself dude. Now you're crying. Shamepies Edited February 28, 2011 by big baby
chicababe Posted February 28, 2011 Posted February 28, 2011 Snip has been reading this so why not post then ? Well I hope snip comes on and give her side of the story. Because you al take one side and dont consider that a story have 2 sides to tell.
Guest coenie Posted February 28, 2011 Posted February 28, 2011 I'd have asked for detailed photos of the wheels from both sides. In this day and age I don't buy that someone doesn't have the means to take a decent digital pic, especially sporting wheels like that. No ways. I'd have also asked for the serial numbers of the rims, and had a shop check them up for me through the agent, which would have revealed the exact model/year.Lastly, I'd have opened the package the instant it was delivered, and this would have allowed me to reverse the charges or demand a discount/refund.All of the above you never did, and now you're here crying over spilt milk, complaining that you are out R7k, which by the way you've done this deal, seems like it didn't mean much to you at the time, but now it does.Advice, SCC is worth a try, but here's the problem...you have NO proof, you took so long. The court will likely dismiss this case based on that alone.Next time, why not do your dealings better, and before parting with a large sum like this, get decent info. It'd have even been worth your while flying to the buyer yourself to see them in person. I've done this before. It's the 21's century. oh, and to add to this, you could have got the seller to take the wheels to a bike shop, had them checked out (at your expense) and made the purchase from there. ALL good things to consider. You duped yourself dude. Now you're crying. ShamepiesThat is nice, blame the buyer not the seller at all? All his fault? Snip could have done this also....I can not believe how you can blame the buyer...and say nothing about Snip?
Guest coenie Posted February 28, 2011 Posted February 28, 2011 Well I hope snip comes on and give her side of the story. Because you al take one side and dont consider that a story have 2 sides to tell.I did not take sides, only said that Snip was viewing this topic and had not responded....sounds fishy to me
Guest Posted February 28, 2011 Posted February 28, 2011 Coenie, every single day we are all bombarded with questionable prospects. Who is responsible when you believe you've won $1 million and need to make a 'deposit'? Yes, the seller lied. No doubt, unless she has no clue about bikes etc. Maybe she didnt. It's up to the buyer to protect himself, and make decent decisions. Maybe next time, he'll make some better choices.
Wil6 Posted February 28, 2011 Posted February 28, 2011 I did not take sides, only said that Snip was viewing this topic and had not responded....sounds fishy to me +1
Guest coenie Posted February 28, 2011 Posted February 28, 2011 (edited) Coenie, every single day we are all bombarded with questionable prospects. Who is responsible when you believe you've won $1 million and need to make a 'deposit'? Yes, the seller lied. No doubt, unless she has no clue about bikes etc. Maybe she didnt. It's up to the buyer to protect himself, and make decent decisions. Maybe next time, he'll make some better choices.Now we are on the same page, he did do a lot "wrong" BUT the same has to be said for Snip.... Edited February 28, 2011 by coenie
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now