What would YOU do? Advice needed please!

[Str8 Jacket]

What would you do if you bought a bike off a fellow Kiwibiker after trusting that the bike was as in "mint condition" as the advert stated but when you got the bike you realised that you'd been had?!
Just imagine this scenario..... You see your ideal next bike advertised for sale by a very trusted member of KB. You contact this person and verify that the bike is actually in awesome condition and that there are no probs with this bike. The bike is to come with a new WOF and 3 months rego, you ask the seller to get a pre-purchase check done on it so that you can be totally sure that there are no probs with this bike......
You believe everything is cool, this person is trustworthy blah blah. So you fly from Wgtn to Akld to pick up this bike that is in "mint condition". You ask to see the pre-purchase agreement but the person doesnt have it on them atm.... but they say yeah yeah everything was sweet but you'll need to tighten the chain at the next stop and oh yeah the bike has no fuel. You think wow that sux after all the person knew I would be riding it back to Wgtn but you think "oh well they are a very busy person" and let it slide, while feeling slightly miffed. Anyway you get to Cambridge and realise that this bike has no rego sticker on it AT ALL and then you are informed that your rear light is only working on one bulb.... Thats cool you carry on. Then you get to Wgtn and your oil light comes on, great the bike was practically out of oil, even though the person knew you were riding it from Akld to Wgtn.... So you go to the post shop to get a new rego sticker only to find out that there was only 3 weeks left on it, hmm that sux! In the next couple of days the wind blows your bike over and the mirror breaks of, you inspect the bike to notice that not only was the mirror only stuck on with knead-it you notice quite a big crack in the Fly Wheel cover with Knead-it residue all over it, when the bike had fallen the knead-it that was on the fly wheel cover cracked off.....
At this point your feeling quite shitty and while the old owner has re-imbursed you 3 months rego they have still yet to answer back my PM regarding the damage on the bike.... But thats not all folks today I discovered that the chain is completely rooted and needs replacing.... What do you guy's reckon? The ad stated that this bike was in "mint condition" only a few scuffs so that's why I paid $3000 for it. I reckon I got ripped off, anyone else?

And before anyone gets all "uppity" about this thread I have still yet to hear back for the seller that I PMed a few days ago regarding this and I have still yet to see a pre-purchase check, which I strongly suspect wasnt done.....

[ManDownUnder]

Ask the seller if they prefer to give your money back, or to provide said inpection report.

Give them first right of reply (which it sounds like you are). If no joy then escalate it.

Lesson learned, business with friends need to be done on same basis as non friends business. Favours can come back to bite you in the butt.

[Str8 Jacket]

Ask the seller if they prefer to give your money back, or to provide said inpection report.

Give them first right of reply (which it sounds like you are). If no joy then escalate it

Yeah ive been waiting for a few days for a reply and no such luck I also rang the person the night I discovered all this too... I would be happy if the person would pay for the new chain, sprockets and labour but im not really trusting that this would happen..... One of the biggest problems is the person was claiming that they were selling the bike "on behalf of a friend". Still I dont think that that should matter, I was dealing with them.

[slinky]

VIR checks are good to get when buying aswell. they are 25 bucks, and tell you everything.
owners, current owner, if stolen, reg, WoF, imported as damage vehicle.

[Blackbird]

Any legal comebacks under Sale of Goods?

[Paul in NZ]

Rather depends on you definition of 'mint' as applied to a 1989 motorcycle. That varies GREATLY from person to person. Personally I'd feel agrieved that you were sent off on a largish trip without knowing whats what BUT then I would have looked at the bike with different eyes maybe?? At $3K for any bike my expectations would be quite low.

Stuff like chain / sprokets? Wear and tear items - I'd expect them to be rooted.

The bit I'd be PO'd about is you requesting a check and it not being done.. Thats just not fair without telling you first.

$3K? Tough price bracket mate....

Either way - let me know what I can do to help - the entire resources of Moto Nuttridge Raumati and all 3 of my spanners are at your disposal m'dear...

Paul N

ps - I was gunna suggest just trading the thing in or selling it on but you kinda blew that option chick...

[dawnrazor]

Short option - clean the bike up PROPERLY and sell it on and try to recoup your money asap.

Long option - play hardball, no joy - then threaten to name and shame, at the end of the day you can not lie in advertisments like this, 'mint condition', has an universal understanding of a level of appearence and up keep. Collect documentation of all corrospondance and advertisments and take his ass to small claims court - end of the day you have cheated.

[slinky]

ask around your friends and family, someones brothers uncles mates daughter....etc
must know a lawyer who could give you a quick answer on some options

[Str8 Jacket]

Rather depends on you definition of 'mint' as applied to a 1989 motorcycle.

UUm, it was advertised as being in "immaculate condition"...

Here's the advert:

This bike is in immaculate condition with new tyres and a quality after market muffler.
It riuns really well and is a great step up from a 250

Being the 89 model it has the 4 piston calipers so has plenty of brakes
It is sold with a NEW wof and 3 months rego.

[Damon]

Wow, that bites, you could always try to get your money back but that's going to be difficult from Wellington, your best bet is to try and get the parts replaced by the seller but if they let you ride the bike that far in that condition it doesn't sound like they really give a shit about you, in which case you've been shafted and not in the nice way

[Str8 Jacket]

Short option - clean the bike up PROPERLY and sell it on and try to recoup your money asap.



I wish but its not an option. I used ALL my savings to buy this bike. If the pre-purchase had infact been done I believe that these problems would have come to light and I would have asked that they be fixed or at the least money off the asking price.... Im not saying that it DEFINATELY wasnt done but im starting to wonder if it was. I have to travel 10 kms each way to work and then home again so I need the transport. It also looks as though I wont be able to go on the holiday I had planned over Xmas cause any spare money I do have will be to fix up the bike.

[Str8 Jacket]

Wow, that bites, you could always try to get your money back but that's going to be difficult from Wellington, your best bet is to try and get the parts replaced by the seller but if they let you ride the bike that far in that condition it doesn't sound like they really give a shit about you, in which case you've been shafted and not in the nice way

Thats exactly how im feeling. Im even more bummed out as I was really honest with the buyer of my KR and im still waiting for a $200 speedo driver for the KR as it died 2 days before the guy came to pick it up, I ended up losing almost $300 on the sale of that just because I was honest! But I thought that that's what people did....

[Pathos]

This is why I don't buy vehicles from people who I have inhibitions over publicly abusing (eg family) :)

I would blackmail them into covering part of your loses.

If they don't respond just state the cold hard facts with supporting evidence.

ALL that is at risk here is their KiwiBiker reputation. That reputation is built on HOW THEY TREAT FELLOW KIWIBIKERS.

[MSTRS]

And you were so stoked with it before. That's the thing with used anythings - can take weeks to glom any faults. Considering the seller, hang in there for 'justice'.
Did a little research, only to find that you probably paid about market rate. Anyone can be 'caught' with chain/sprocket needing replacement. The rest is more cosmetic???

[Str8 Jacket]

And you were so stoked with before. That's the thing with used anythings - can take weeks to glom any faults. Considering the seller, hang in there for 'justice'.

Just a reply or an honest answer would have been nice. I didnt really want to post this thread but Ive had the bike a week and it seems like everyday there's a new problem! At the end of the day the chain was rooted when I picked up the bike and that IMO should have been picked up on the pre-purchase check.

[Hellraiser]

A freind of mine has asked me to sell thEIR 1989 Fzr 400

But said person did say that they were selling it on behalf of someone else, which means they may not of known it was a bucket of shit.

[Str8 Jacket]

But said person did say that they were selling it on behalf of someone else, which means they may not of known it was a bucket of shit.

The said person admitted that they had been riding this bike for 3 months before I came and picked it up. IMO if they didnt want to take responsibility for the bike then they should have directed me to the "real owner" to sort everything but this person dealt with it all himself....

[chanceyy]

that sux girl .. stick to ya guns .. & i agree if no response then name & shame :angry: :angry: ..


mind you hope they see this thread & get in touch huh :innocent:

[Str8 Jacket]

mind you hope they see this thread & get in touch huh :innocent:

Im very dissapointed that its come to this!

[MSTRS]

If one was done?? Member is not good at replying to PM's tho. Ring him.

[mikey]

done the right thing helen
post it on kiwibiker, nothing like kiwibiker scorn.
bound to get something back!
if not send up melon, must have a scary lookin mo by now. would of scraed small children away on day 5.

[chanceyy]

Im very dissapointed that its come to this!

yup thats totally understandable .. nuffing like airing dirty laundry out in a public forum ... but then they should be bending over backwards to correct the wrong as well ..



so you stick to it girl ;)

[hurricane_r]

how about u tell me adress of guy and me and few buddies go smash this fag over, thats not on, VERY NOT ON!!, that pisses me off hearing this shit man,

[Zukin]

Hi

WOW
If the scenario above is correct, I hope the seller puts it right
Now I am not a lawyer but here is some useful info, not sure if it will help though?

You brought the bike privately, so you're not nearly so well protected.
The Consumer Guarantees Act and Fair Trading Act don't apply, although in some circumstances the Contractual Remedies Act does apply. If the seller mislead you about the bike, you can take them to a Disputes Tribunal.

Notes for anyone buying privately
You can take the following steps to protect yourself when buying privately:
* check the bike has a current WOF. (Private sellers have the option of selling without a warrant, provided the bike is clearly identified for sale "as is where is".)
* use a vehicle history checking service to see if there's money owing on the car.
* arrange for a thorough mechanical check of the car. Use a mechanic or a specialist service - see the Yellow pages under "Vehicle Inspection Services".

However, if the motor blows up while you're riding the bike home, you'll be very lucky to see your money again.

Cheers

[hurricane_r]

please excuse language,

[Hellraiser]

The said person admitted that they had been riding this bike for 3 months before I came and picked it up. IMO if they didnt want to take responsibility for the bike then they should have directed me to the "real owner" to sort everything but this person dealt with it all himself....

Don't get me wrong i'm not defending the said person, i think you should name him. Most like myself will have gone through all your posts and found out who it was anyway.

End of the day your going to be up shit creek with out a paddle, which really sucks.

Just remember there is more than one way to skin a cat ....... :bash: :2guns: :stoogie:

[mikey]

an for fucks sake post the guys name/logon up!

[gamgee]

how about u tell me adress of guy and me and few buddies go smash this fag over, thats not on, VERY NOT ON!!, that pisses me off hearing this shit man,

maybe you should wait and see who it is before you go spouting off... quite a reputable member of this here site, one that I would expect will make an effort to remedy the problem, altho did you not even look at the bike before handing over the money, one would have thought you woulda spotted the chain straight away?

[Str8 Jacket]

Don't get me wrong i'm not defending the said person, i think you should name him. Most like myself will have gone through all your posts and found out who it was anyway.



well, no as it he was selling "on behalf off".


Lets get this straight everyone, the night I discovered the fly wheel cover issue rang him and explained ALL my issues with the bike. I told him that I was pming him my address and wanted the pre-purchase check sent to me. YES I understand that he was selling it "on behalf of" but the facts still remain that he had the bike in his possesion and was riding the bike for a few months before handing it to me. IF he didnt want to deal with the "selling issues" then he should have given me the details of the person he was selling it on behalf of. Sorry but I am really stressed out about this. I feel very ripped off.

[kiwifruit]

sorry to hear this Str8 Jacket :(
i hope it gets sorted asap

[apteryx_haasti]

Str8 - that sucks. I was going to post what Zukin did, which is from www.consumer.co.nz - they have lots of info that is available without subscription.

You may also be interested in the disputes tribunal information here:

http://www.consumer.org.nz/topic.asp?category=Legal%20Rights&subcategory=Courts%20%26%20tribunals&docid=814&topic=Disputes%20Tribunals&title=Introduction&contenttype=summary

All free - good luck with your quest. Other KB member should perhaps look at setting you right - that's not what you expect from KB!

[TerminalAddict]

I would too .. shall we send finn around there for a "visit" ??

[Str8 Jacket]

altho did you not even look at the bike before handing over the money, one would have thought you woulda spotted the chain straight away?

Yes, thats why I asked fo rthe pre-purchase to be done so I thought that all that stuff would be sweet. Also the person was ridng it for a few months before I picked it up. when I picked it up he said "oh the chain needs tightening" but I didnt even have the correct tools in my tool kit to do anything about it! The chain is rooted, I suspect anyonethat rode it would have known that....

[ManDownUnder]

Notes for anyone buying privately
You can take the following steps to protect yourself when buying privately:
* check the bike has a current WOF. (Private sellers have the option of selling without a warrant, provided the bike is clearly identified for sale "as is where is".)
* use a vehicle history checking service to see if there's money owing on the car.
* arrange for a thorough mechanical check of the car. Use a mechanic or a specialist service - see the Yellow pages under "Vehicle Inspection Services".


Tell me more about this - what if the bike didn't have a WOF at time of sale... assuming it was listed as immaculate (not as is where is)

Did the bike have a current WOF?

[gamgee]

Other KB member should perhaps look at setting you right - that's not what you expect from KB!

str8 is this what you wanted, people pretty much threatening to go round and beat the crap out of him?? if not then you better state that damn clearly! I don't think he went out to mislead you, I was reading the original thread when it was posted, and felt the condition he was describing more covered the cosmetic side than anything mechanical, you are right tho, at the very least a partial refund should be made for the replacement of chain and sprockets and the cost of having the fly wheel cover welded up

[apteryx_haasti]

Sorry - I also meant to include this from consumer on private vehicle sales:

"Private sales
Private sales are consumer to consumer deals. They cover everything from garage sales, to goods you buy privately on the net or through the classified ads in papers.

The big draw of private sales is the expectation of getting a bargain - cut out the second-hand dealer and the price should be cheaper. As an added bonus, you will usually avoid the pushy sales patter of a professional retailer.

However, don't expect much protection from the law if something goes wrong. Neither the Fair Trading Act nor the Consumer Guarantees Act applies. All is not lost though: you may get limited help from the Contractual Remedies Act if you have relied on a claim made by the seller that was important to you. The Act is complicated but in essence: if you have been misled you may be able to claim compensation.

Then there is the venerable Sale of Goods Act 1908. You can claim damages if the seller didn't own the goods or there was money owing on them. It may also help if you have been told a porkie by the seller about the quality or performance of the thing you have bought. But there is a snag; sellers can contract out of the Sale of Goods Act. Of course, not many private sellers would know this but if they do, you've got to be told before the deal is struck.

Overall, with a private sale you are largely on your own. This makes it important to keep a note of the seller's street address and phone number just in case you need to track them down"

My emphasis (if the bolding worked)...

The rest of vehicle sale info is here:

http://www.consumer.org.nz/topic.asp?docid=82&category=Legal%20Rights&subcategory=Buying%20goods%20%26%20services&topic=Second-hand%20goods&title=Private%20sales&contenttype=general

[pixc]

Aww str8 Jacket :(

Stick to your guns girl.

You sound a bit like me. Your honest and reliable..and expect others to be so as well. It hurts 3 times. Once because they have mislead you, second because you trusted them and third in the pocket.

I have faith in Karma..what goes around comes around.

Stay honest if you try to sell it. Dont let this turn you into one of 'them'.

As for hurricane_r's response...violence has never solved anything.

I feel badly for your experience.

[MrMelon]

I'm the one who was insisting she make sure the purchase was conditional on a full pre-purchase mechanical check being carried out. The seller assured this would be and was done before she flew up to auckland to ride it back, and said that after the check it showed there were no faults at all other than the chain needing to be tightened a little.

What's really disappointing is she's used all her savings and borrowed a fair bit of money to get this bike instead of another one because she was assured this one was immaculate and had no problems whatsoever. You'd really be pushing it to say this bike was in good condition in reality though.

The seller's had the opportunity to put things right and has been made aware of problems immediately but has chosen to fob her off wherever possible. I'm not impressed at all with the way they've conducted themselves throughout this entire sale.

[Str8 Jacket]

str8 is this what you wanted, people pretty much threatening to go round and beat the crap out of him?? if not then you better state that damn clearly!

Of course I dont, JTFC! I rang him and told him my issues I PMed him and asked for the pre-purchase to be sent to my house but NO answer yet. Today I find out the chain is totally rooted, do you know how many times I asked him to get the pre-purchase done! I have rung him at least 3 times with different issues and they're still not sorted, this was the only way I could think of to get advice on how to best sort it. Im not trying to "start" anything, I feel like Ive been ripped off and I dont know what to do, I spent all my monoey on what I was told was an "immaculate condition" bike.

[apteryx_haasti]

str8 is this what you wanted, people pretty much threatening to go round and beat the crap out of him??

Prefer if you didn't quote me when you say that! I was simply saying that I find it disappointing that a fellow KB member could possibly be a bit shifty.

I'm not advocating any violence. More that if the person knew, then perhaps they should put things right...

[gamgee]

don't get me wrong, I know you're in the right, and have every right to be pissed off, I just didn't want to see anyone do anything silly.
but my biggest question is, if you were buying conditional on a pre purchase check, why didn't you view the pre purchase check before buying, also, shouldn't there be some accountability from the person who completed the pre purchase check for not doing their job properly? if it had a new WOF, I can't remember if it includes chain wear, but if it does, it should have failed a WOF, and the company who issued the WOF will be responsible for getting it to a WOF condtion, at their cost, which would mean new chain and sprockets, can't remember who you complain to about that one, probably MTA or someone

[Str8 Jacket]

More that if the person knew, then perhaps they should put things right...

Dont get me wrong im not saying that he DID know, but had the pre-purchase check been done then im sure that these issues would have come to light....

[yungatart]

Aww, mate, not a good situation to find yourself in. I don't have any advice to offer, unfortunately, but, I feel the seller is a good guy, who will do right by you!Good luck!

[Ixion]

Chain wouldn't normally be a WoF issue unless it was so badly worn that it was in danger of flying off .

[Str8 Jacket]

but my biggest question is, if you were buying conditional on a pre purchase check, why didn't you view the pre purchase check before buying, also, shouldn't there be some accountability from the person who completed the pre purchase check for not doing their job properly? if it had a new WOF, I can't remember if it includes chain wear, but if it does, it should have failed a WOF, and the company who issued the WOF will be responsible for getting it to a WOF condtion, at their cost, which would mean new chain and sprockets, can't remember who you complain to about that one, probably MTA or someone

YES, this is correct and exactly what my problem is. I have been fobbed of EVERY time I asked for it. And as you have said this is a very trusted member of KB so I thought I could believe what he said....

[Grahameeboy]

Look you are obviously stressed about this and there is no point anyone telling you the usual "told you so" story etc.
How much will it cost to sort out the bike? I will chip in $100 to help you out and if anyone else wants to chip in feel free.....
Are there any KBers who can help fix the problems for free..come on guys and gals this is what we are about.
Str8jacket....being up front we need to wipe up your tears, put this down to experience, get bike sorted, reduced your stress and hopefully keep your x'mas plans on eh?
Don't bother naming the person cause it will just stir things up and is not the right way to do it.
PM me your address and I will send you a cheque.

[neats]

Unless i totally misunderstood my degree, CGA and FTA may apply depending upon the circumstance with which the transaction was completed. It was NOT an auction. Contract Law is also applicable. So, mate, you DO have options and what it basically comes down to is how much time and money you're willing to put in to resolve this issue.

Call him/ her. Advise that you are unhappy with the sale. You believe the conditions with which you agreed to have not been met and you want compensation in the form of paying for repairs. The estimated price of the work inclusive of labour is $XXX. Will you pay? If yes, say thank-you for honouring your agreement please deposit the money into my bank account no later than 5 working days from today. I will courier/ fax you a letter confirming our discussion. Please read it, sign and return it within 5 working days. If i do not recieve your copy of our agreement i will interpret this as non compliance and pursue this matter through the courts. I will be claimning for costs of repairs plus any cost incurred pursueing this matter.

[gamgee]

just checked my WOF, if it has a WOF less than 1 month old, it should have failed on engine/drivechain, which means the WOF issuer will have to pay to get it to a WOF standard

[pixc]

Im just guessing here...but im fairly sure that st8 Jacket didnt want people getting upity, threatening other people etc. From what I can read..she is asking for sensible opinions and perhapes some lite legal advice.

[Zukin]

Interpretation – Yep it’s a big word

And in law this is what a lot of claims are resolved (or often argued) over
Take for example the word immaculate
Your interpretation of the word maybe somewhat different from the sellers?

All in all I would try and get this resolved promptly and amicably
Nothing ever comes out of anger, and now the other party will be keeping notes

Cheers

[Str8 Jacket]

Im just guessing here...but im fairly sure that st8 Jacket didnt want people getting upity, threatening other people etc. From what I can read..she is asking for sensible opinions and perhapes some lite legal advice.

Woo hoo, we have a winner. Thank you!

[Grahameeboy]

Im just guessing here...but im fairly sure that st8 Jacket didnt want people getting upity, threatening other people etc. From what I can read..she is asking for sensible opinions and perhapes some lite legal advice.

True......but way I see it is that taking legal action is an option but it adds to her stress, she still has a bike that needs sorting and it is possible that the case will be heard in the Court where the sale took place, the guy may not turn up and if he does he still may not pay up etc.
This site is big enough to help her out.

[mikey]

Look you are obviously stressed about this and there is no point anyone telling you the usual "told you so" story etc.
How much will it cost to sort out the bike? I will chip in $100 to help you out and if anyone else wants to chip in feel free.....
Are there any KBers who can help fix the problems for free..come on guys and gals this is what we are about.
Str8jacket....being up front we need to wipe up your tears, put this down to experience, get bike sorted, reduced your stress and hopefully keep your x'mas plans on eh?
Don't bother naming the person cause it will just stir things up and is not the right way to do it.
PM me your address and I will send you a cheque.

wow. you condescending christian!

[gamgee]

Woo hoo, we have a winner. Thank you!

I didn't think that either... I was more making the point that you should make it clear thats not what you want so people would stop making posts like "lets go knock his teeth in" etc.

[Grahameeboy]

wow. you condescending christian!

Why? Please explain.......

[Str8 Jacket]

Stay on topic please!

[frogfeaturesFZR]

Hels, sorry to hear bout the troubles with your new bike, especially as you were so rapt to have bought it. They are an awesome bike if you get a good one. I'm aware the seller has a good rep on the site, but how long does it take to reply to a PM ? Can you ring him at work ? All the best and good luck with getting it sorted.

[gamgee]

so the 3 problems as I see them are:

3 months rego - about $70

flywheel cover, shouldn't be more than about $50 to get welded up

chain and sprockets, about $350 - $400 fitted

in my opinion, the seller should be refunding you for the rego and welding, and at least half the cost of the chain and sprockets, if the kiwibiker was happy enough to act as a middleman for the sale and cash transfer, he should be happy to act as a middle man for any disputes

[Slingshot]

PM me your address and I will send you a cheque.

While you're at it...I'm saving for an Agusta...wanta pitch in to help a fellow KBer realise his dream???:yes:

[pixc]

Why? Please explain.......

dont be confused Grahameeboy. Good honest charity is hard to find in this day and age...it throws people sometimes when they see it :blah:

[TerminalAddict]

I'm all for passing round the hat for the "save str8_jacket's xmas"
but the other part of me thinks .... this may solve some part of the problem, but not all of it.

[Grahameeboy]

While you're at it...I'm saving for an Agusta...wanta pitch in to help a fellow KBer realise his dream???:yes:

Turning the other cheek....huh

[Str8 Jacket]

I'm aware the seller has a good rep on the site, but how long does it take to reply to a PM ? Can you ring him at work ? All the best and good luck with getting it sorted.

The night I discovered the fly wheel cover I rang him and told him about my issues he said he would talk to the person who he was elling the bike on behalf of.... While I was speaking to him I told him that I would be PMing him my contact details so I could view the pre-purchase inspection, he's read the PM but still no reply.... Since then the chain issue has arisen SINCE that phone call and I know that contacting him isnt going to do anything....

[scumdog]

wow. you condescending christian!

Wow, that's really helpful and constructive, I bet Str8 Jacket feels waaaay better knowing you're there to support and help eh?

Fuck off unless you can help/advise. Dick.

[Grahameeboy]

I'm all for passing round the hat for the "save str8_jacket's xmas"
but the other part of me thinks .... this may solve some part of the problem, but not all of it.

what are the other probs...

[gamgee]

good on ya grahame, wish I could afford to chip in but I'm just coming off an experience similar to str8's where the bike wasn't in the condition described, and cost me a bit more to have fixed up than expected, I managed to wrangle a couple of hundred out of the seller, but yeah ya live and learn, and I don't think I'd buy another bike without personally seeing and riding it

[Str8 Jacket]

Wow, that's really helpful and constructive, I bet Str8 Jacket feels waaaay better knowing you're there to support and help eh?

Fuck off unless you can help/advise. Dick.

Oi! leave Mikey alone, he has been helpful\ supportive. He's NOT a dick!

[TerminalAddict]

what are the other probs...
seems to me helping str8_jacket financially .. and trying to get resolution are 2 different issues.
don't get me wrong I'd cough up what I can (sounds like she could use my $20 lunch money more than me) but if I were in her shoes, proper resolution would be the only way for closure.

[Grahameeboy]

good on ya grahame, wish I could afford to chip in but I'm just coming off an experience similar to str8's where the bike wasn't in the condition described, and cost me a bit more to have fixed up than expected, I managed to wrangle a couple of hundred out of the seller, but yeah ya live and learn, and I don't think I'd buy another bike without personally seeing and riding it

It's the thought that counts matey....

[neats]

There are things you need to do in order to go to small claims court. For example, you need to explain your problem and what you want done. The merchant has to have a chance at putting it right. AND anyone who sells something to anyone else is a merchant as long as as a good or a service was exchanged for soemthing of value (money, peanut slabs whatever). DON'T be stressed by people telling you're not covered by CGA, FTA crap. Read the above script, if he/ she says no just tell him/ her that you will follow this phone call up with a letter outlining your concerns and they have 5 working days to consider it get independant legal advice and make payment. If you do not recieve payment and or a signed agreement you will interpret this as non complience and pursue ...........As was suggested earlier, one persons definition of mint may differ from another. However, they're stretching it. Make it clear and do it with a smile.
In the meantime, get your bike fixed. Tell me, how'd you get back on your bike after you trashed it? I've waited six months for my shoulder to get right and now i'm totally nervous. What's up with that? I used to ride bikes i couldn't put my feet down on. Now, i'm just soft, soft, soft!

[Str8 Jacket]

Thanks for the offer, but I dont want anyones money I want these issues sorted properly! Save your money to give your daughter an awesome Xmas Graham.

[Grahameeboy]

seems to me helping str8_jacket financially .. and trying to get resolution are 2 different issues.
don't get me wrong I'd cough up what I can (sounds like she could use my $20 lunch money more than me) but if I were in her shoes, proper resolution would be the only way for closure.

I guess she is stressed and that is the priority issue so I just see resolution in a different place..........lifes too short to me.

[Str8 Jacket]

There are things you need to do in order to go to small claims court. For example, you need to explain your problem and what you want done. The merchant has to have a chance at putting it right. AND anyone who sells something to anyone else is a merchant as long as as a good or a service was exchanged for soemthing of value (money, peanut slabs whatever). DON'T be stressed by people telling you're not covered by CGA, FTA crap. Read the above script, if he/ she says no just tell him/ her that you will follow this phone call up with a letter outlining your concerns and they have 5 working days to consider it get independant legal advice and make payment. If you do not recieve payment and or a signed agreement you will interpret this as non complience and pursue ...........As was suggested earlier, one persons definition of mint may differ from another. However, they're stretching it. Make it clear and do it with a smile.
In the meantime, get your bike fixed. Tell me, how'd you get back on your bike after you trashed it? I've waited six months for my shoulder to get right and now i'm totally nervous. What's up with that? I used to ride bikes i couldn't put my feet down on. Now, i'm just soft, soft, soft!


Cheers, I work for the Ministry of Justice specialising in courts procedures so I know what I can and cant do. At the end of the day I want these issues sorted not take someone to court.

[The_Dover]

I would too .. shall we send finn around there for a "visit" ??

yeah, that'll fuckin surprise them.

open the door, can't see anyone

OWWWW FUCK, MY KNEES

AAARGGH GERROFF YOU VICIOUS LITTLE MIDGET.........

[pixc]

I prefer to offer a place to crash, some fodder and grog if your up this way while on your holiday st8 jacket. Im hemorrhaging too much cash atm .

[scumdog]

Oi! leave Mikey alone, he has been helpful\ supportive. He's NOT a dick!


Sorry - but attacking a person trying to be supportive and helpful does not sit easy with me.

He disguises not being a dick quite well.

[Grahameeboy]

Thanks for the offer, but I dont want anyones money I want these issues sorted properly! Save your money to give your daughter an awesome Xmas Graham.

She don't need money to have an awesome x'mas and I am sure she would prefer someone else to have a great x'mas too.......I am just concerned that trying to sort things out properly is lengthy, stressful and even if you win you still have to get the money out of this geezer.............there is "the right way to do things" and the "the right thing to do"...there is a subtle difference but I always go for the later.

[T.I.E]

id be happy if you ever want to check out a bike up these necks of the wood to pop over and check it out for you or anyone just holla.
the more eyes look over a bike the better.
but good luck with ya delimar, cant imagine its a pretty place to be in.
ill be keeping an eye out to see how you go.

[neats]

Know what you mean babe. What i'm saying is that there are certain procedures as you may be aware that you need to follow in order to go to court. We don't know where this is going so it is beneficial for you to follow it. Also, you're not going to resolve it if you don't ask for what you want or set parameters. What the merchant may consider as a fair time to pay you maybe four months. Is that ok? No jokes, real advice, you have your legal opinion. Get your bike fixed :rockon:

[Str8 Jacket]

Sorry - but attacking a person trying to be supportive and helpful does not sit easy with me.

He disguises not being a dick quite well.

Ever seen those "know me before you judge me" adverts?...

[Hitcher]

Things will have come to a particularly low ebb if the parties involved in this transaction have to get all legal about things. I hope that the as yet unnamed "vendor's agent" is taking careful stock of their involvement in this sad and sorry saga. They made personal representations as to the condition of the motorcycle and were happy to pimp it for a "mate". It now appears that they don't actually give a fuck. If they attached any value to their personal reputation and integrity, they would be making every effort to put things right with Str8 Jacket, within reason. Dear Mr Salesman, I hope you are reading this and that your ears are burning. It's not too late to do the right thing by a fellow biker.

[Grahameeboy]

It doesnt sound like there was a pre purchase inspection done, I would suggest lodging a dispute at the disputes tribunal however the stupid thing about the tribunal is that the respondant doesnt have to turn up.

Name and shame, NAME AND SHAME! Nothing like a bit of peer pressure to sort things out or at least get their side of the story. :shifty:

Yep 'Court' is a process not a guaranteed outcome.

NOOOO Dyno.....name suppression please.........

[Str8 Jacket]

It doesnt sound like there was a pre purchase inspection done, I would suggest lodging a dispute at the disputes tribunal however the stupid thing about the tribunal is that the respondant doesnt have to turn up.

Name and shame, NAME AND SHAME! Nothing like a bit of peer pressure to sort things out or at least get their side of the story. :shifty:

Yeah, thats what I was beginning to think to.... :( Ive worked for the courts in different areas for over 4 years now so I have all the advice and everything I need to get it sorted but Id rather not take it down that path. I believe that he is a good person but he's just made a big mistake.....

[mikey]

Ever seen those "know me before you judge me" adverts?...

bringing up my mental state on the internet?
thought we were mates.

[Fatjim]

Rooobeeelllaaaa

[Str8 Jacket]

I will not name any names yet. I will give the person a reasonable amount of time to respond/contact me before I even consider it.

[davereid]

Look on the bright side, once you have got it sorted you have one of the best bikes around. They are fast, stop well, and handle great with that delta box frame. There would be very little from the 80s or even early 90s that handled that well, they are still awesome. Good tyres can be a bit tricky to find, but you can get them. Continue to pursue the seller, but rat around and find the loot to your bike sorted, so you can enjoy it. PM me if you need parts, I may be able to help.

[Grahameeboy]

Why not as previously mentioned its not that hard to figure out anyways through his post history. :shifty:

I dunno really..........just not something I would do.....

[JeremyW]

Sux Str8 I know you have had a lot of support but a bit more cannot be bad :)

I hope it all works out for you though.

I really cannot stress enough the importance of Grahams advice, if you stress heaps about it, it will make your new baby an unwanted thing and could destroy the most exciting step you have made since you got your first bike :)

KB members look after each other and I know someone in the Wellington area will be able to hook you up with the parts and labour you need for a minimum cost :niceone: I know if I could get away with it I would get them for you :innocent:

Head up, helmet on and enjoy your new 400 :rockon:

[Grahameeboy]

bringing up my mental state on the internet?
thought we were mates.

...they have condoms in the UK called 'Mates'......not sure why I mentioned that but it was the first thing that came to me...sorry

[Blondini]

I have learnt that buisness between friends is hard,I am sure you were not intentionally ripped off but what would I know?Sorry this is how your new bike turned out...Hope you sort it fairly..Lessons to be learnt here ...Keep smiling :love:

[Grahameeboy]

thats just really really strange

yeah thats what I thought.....never used them:gob:

[terbang]

Well it doesn't sound like a mint bike as advertised. But I havn't seen it. There is a chance you got shafted so I don't blame you for making a bit of noise. Small claims and all that is a horses arse and not worth it for three grand. Go to the guy, tell him you think that he's ripped you off and start some dialogue about how it can be sorted. Took me about 2 mins to figure out who it is so I hope that you havn't already backed him into a corner baring his teeth and not talking. I also wouldn't blame him now as he has been indirectly accused in front of motorcycle world.
XXXXXX get talking to this lass, she is a straight talker and also a respected KBer. As a KBer selling to a KBer you owe her some sort of dialogue with the intent to fix this mess you are both in.
The dirty washing is hanging on the line. Please, both of you clean it up.
Be polite..:love:

This is a timely reminder to all KBers of the dangers, sellers or buyers, of useing KB as a bike trading post..!

[MVnut]

Wish you luck on sorting this out. :yes: just don't hold your breath

[mikey]

...they have condoms in the UK called 'Mates'......not sure why I mentioned that but it was the first thing that came to me...sorry

you knwo what mates do?

MATES FUCK

[Grahameeboy]

you knwo what mates do?

MATES FUCK

Look I am not talking to you.....................:angry: ......okay can't do :angry: :bye:

[Hitcher]

This is a timely reminder to all KBers of the dangers, sellers or buyers, of useing KB as a bike trading post..!

Yes, but in this case the vendor's agent was a long-serving member who is not backward in promoting his expertise around motorcycles. Str8 Jacket took him on trust and appears to have been badly let down. She is owed an explanation at the very least.

[jtzzr]

Gosh , are we all just jumping on the band-wagon because str8 Jacket bought the bike off (through) a Kber , I feel for you str8J , and I do think you were hard done by to an extent , yes the whole knead it thing is a complete rip, the chain & sprocket thing (maybe) I really don`t think many people could/would pull the chain/sprocket in a pre purchase inspection which is all a inspection is , a visual inspection. As for the idea of the whole viloence thing is ridulous, especially within the confines of KB ,cages (YES ) but here no ,Or I hope not, I hope you can resolve this , and I hope the other party comes to the ball! Best of Luck. Sorry you didn`t even get the pre-purchase did you ,well thats not right .Hope you can get some satisfaction there as well.

[Disco Dan]

And you were so stoked with it before. That's the thing with used anythings - can take weeks to glom any faults. Considering the seller, hang in there for 'justice'.

Give the seller time... the mere fact that this thread exists may be causing him to hesitate...

Im sure it will all work out fine in the end...

like those old fellas on that ad say.. "good things take time" :innocent:

..again considering the seller, be patient...:yes:

[FROSTY]

Yes fellow KBers --as Im sure one and all are aware It was me that had the bike str8jacket is on about -It was a bike given to my neighbour--a NON biker as payment for a debt.
I was asked to sell it for her as she knows nothing about bikes.
It seems a pretty nice bike to me
For the record I got not one red penny out of this situation. I passed every penny paid over to said neighbour.
I recieved a distressed phone call from Ms str8 saying- The bikes a piece of shit and ya still owe me for the rego.
OUT of MY pocket I pulled $162 being $100 to repair said cover properly and $62 being the amount to bring rego up to date -This was paid into Ms str8's bank account that night.
I dont hold out any hope of recovering said money.
Str8----perhaps you should check your bank account.

Str8 you informed me you were extremely low on funds so as a favour to you I got a simple FREE mechanical check done on the bike by the guy that issued the WOF.-he was checking the important stuff--tyres compressions,brakes,bearings etc with no energy wasted on cosmetics.
Now he is telling me there is NO WAY hes going to put his name in wrighting to an inspection -once i told him why I wanted it--Ie so you could claim compensation for repairs from him
Definitely I should have just left it totally in your hands to organise and pay for your own inspection -I guess thats the price I pay trying to be mr nice guy and help people out ..
Now That bike was half full of oil when I checked it the day before you flew up but hey a bike that hasnt been ridden at all for 9 months then ridden 75 km by me --then ridden over 1000 km in one go --might burn the water out of the oil just a bit.
Str8jacket Ive been waiting for over a week now for you to call me back as you said you would --so far not a word. Instead you post your grievence on a public forum.

[JeremyW]

Wow, now that is quite a response....

[FROSTY]

have you checked your bank account--and seeing as im being publicly slagged off-perhaps you could tell one and all how much apeared?

[crazybigal]

not on a private second hand sale!


Any legal comebacks under Sale of Goods?

[Str8 Jacket]

Yes fellow KBers --as Im sure one and all are aware It was me that had the bike str8jacket is on about -It was a bike given to my neighbour--a NON biker as payment for a debt.
I was asked to sell it for her as she knows nothing about bikes.
It seems a pretty nice bike to me
For the record I got not one red penny out of this situation. I passed every penny paid over to said neighbour.
I recieved a distressed phone call from Ms str8 saying- The bikes a piece of shit and ya still owe me for the rego.
OUT of MY pocket I pulled $162 being $100 to repair said cover properly and $62 being the amount to bring rego up to date -This was paid into Ms str8's bank account that night.
I dont hold out any hope of recovering said money.
Str8----perhaps you should check your bank account.

Str8 you informed me you were extremely low on funds so as a favour to you I got a simple FREE mechanical check done on the bike by the guy that issued the WOF.-he was checking the important stuff--tyres compressions,brakes,bearings etc with no energy wasted on cosmetics.
Now he is telling me there is NO WAY hes going to put his name in wrighting to an inspection -once i told him why I wanted it--Ie so you could claim compensation for repairs from him
Definitely I should have just left it totally in your hands to organise and pay for your own inspection -I guess thats the price I pay trying to be mr nice guy and help people out ..
Now That bike was half full of oil when I checked it the day before you flew up but hey a bike that hasnt been ridden at all for 9 months then ridden 75 km by me --then ridden over 1000 km in one go --might burn the water out of the oil just a bit.
Str8jacket Ive been waiting for over a week now for you to call me back as you said you would --so far not a word. Instead you post your grievence on a public forum.

I let you know quite clearly that as I was riding it back to Wgtn and as I was taking it up North that I wanted A PROPER FULL PRE-PURCHASE CHECK that I would pay for at whatever costs. I was VERY clear on that and Glenn was right next to me.
If you didnt want to deal with the sale properly you shouldnt advertised it in the first place and you sould have had me contact the real seller.
Thanks for letting me know where you stand FROSTY.

[FROSTY]

Ok well as you dont want the bike heres an offer you cant refuse
Bring the bike back in exactly the same condition you purchased it in.(don't worry about the extra 2000 odd kms youve put on it)
As long as its in exactly the same condition I'll refund you in full your purchase price out of my pocket -less the $160 Ive already paid you
There is no way im getting a penny back from the ex owner but thats my problem

now ya can't ask better than that can you?

[Grahameeboy]

Good on Frosty for coming clean.....Str8jackt, you did the right thing to post thread.....freedom of speech etc......you were stressed and that is cool....you said it how it was to you which is not 'slagging off' Frosty......we are all entitled to say our beef and it is up to you how you deal with....doesn't make you less of a cool guy....maybe mistakes were made at both ends....hey that's life, we still live.....

Now folks, lets get this bike sorted. If you have the money Str8jacket then that helps you and my offer is still there if you need a top up.

[Maha]

But said person did say that they were selling it on behalf of someone else, which means they may not of known it was a bucket of shit.



Th ''said'' person would know a bucket of shit if he saw one..:yes:

[Hitcher]

OK Tony and Helen, at least you're now talking to each other. I hope that you continue your discussions off forum and that a satisfactory outcome is achieved.

I am now closing this thread.