What would YOU do? Advice needed please!

**Grahameeboy** · 21st November 2006, 19:17

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** · 21st November 2006, 19:17

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** · 21st November 2006, 19:17

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** · 21st November 2006, 19:20

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** · 21st November 2006, 19:21

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** · 21st November 2006, 19:21

Originally Posted by 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.

Woo hoo, we have a winner. Thank you!

**Grahameeboy** · 21st November 2006, 19:23

Originally Posted by 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.

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** · 21st November 2006, 19:24

Originally Posted by 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.

wow. you condescending christian!

**gamgee** · 21st November 2006, 19:24

Originally Posted by Str8 Jacket

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** · 21st November 2006, 19:25

Originally Posted by mikey

wow. you condescending christian!

Why? Please explain.......

**Str8 Jacket** · 21st November 2006, 19:28

Stay on topic please!

**frogfeaturesFZR** · 21st November 2006, 19:28

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** · 21st November 2006, 19:29

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