What would YOU do? Advice needed please!

[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...nttype=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...nttype=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....