Nightmare situation
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If sold and stated as none returnable or no warranty given or implied then legally he cannot demand anything from you.
Stand your ground and if need be, inform the police if you are being harassed. -
Just thought I'd give this an update this has taken another turn for the worse! Just when I thought the buyer was doing good with the bike got a txt this morning from the buyer on a completely different number than what he txt me from the last time now stating " the bike was missing the front master cylinder,missing the power valve, missing the oil tank and he's coming back" I've basically not answered him as all these things where present and working at the point of sale apart from the oil tank as he was told it was ran on premix! the powervalve was pinned open as he was told to ..This guys starting to get on my nerves and what's annoying me most is he's txt me on a number he was never givin it's my works number literally 3 family members have it and it's not on eBay and no one gave him it! Any ideas how he could have gotten it? might be time to give the police a call as this is definitely not normal behaviour he's killing the bike and trying to say there's parts missing
Every problem has a solution
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@Biker_123 Did you give him any receipts for parts you purchased for the bike? If you did then one of them may have had your works number on it? Most likely he has taken the bike somewhere and someone 'qualified' or a friend has checked it over? If the bike is missing the front master cylinder, then how would the front brake work? If the power valve is pinned open, he is expecting a power surge, you need to make him aware of this, if you have not done so already? You informed him that it runs on pre-mix before he bought it, so that's on him as he obviously does not understand how motorbikes actually work!!!
Again did you give him a receipt for the bike? If you had put on this receipt that the bike was sold as seen and road tested, then he will have no come-back or a leg to stand on what-so-ever. You can go to the Police but most likely they will not be interested, as no law has been broken. So unless he does something to break the law, your only option is this;
Tell him this;
I pointed out all of the aspects of the bike, including the modified areas, BEFORE you purchased the bike. You accepted all of these and you still went ahead and completed the purchase. I am not a motor trader and the bike was sold as seen and road tested by you. If the bike is not to your liking then that is your shortfall, as you did not do your homework before making the purchase. The sale is complete and there is no after-care given with this purchase. Any further harrassment from you will be reported to the Police and filed with my solicitor.The sale is final and you need to learn about the bike, it's maintainence and ride it by your own means and knowledge. I will not respond to any further communication from you, as I have helped you all I can.
SEDUCED BY THE DARK SIDE!!!
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@CYBER-NINJA no I didn't give him any receipts etc so no idea how he got my number! Again good advise. On the eBay listing the master cylinder is seen on the bike it obviously holds the brake oil and the front brake was working fine it was really powerful even had new brake pads on it! Seems he's got his mates doing the rounds now texting my work mobile and trying to continually call it absolutely brutal lol ..
Every problem has a solution
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@Biker_123 If he's texting and calling continuosly, then that's harrassment and the Police will respond to your complaint and pay him a visit. Send him what I said above and then see what his reaction is? I'm sure you have many photo's to back-up all of the parts which were on the bike at the PoS?
Are you registered as a Business seller on eBay? What did the listing say about returns? Surely it has been more than 14 days, so by law you are under no obligation to even contemplate issuing a refund. Send him the above dude, until you nip-it-in-the-bud, he will keep harrassing you for-sure!!!
SEDUCED BY THE DARK SIDE!!!
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@CYBER-NINJA yes mate I have lots and lots of pictures of the bike and parts literally hundreds to back it up and nope I'm just a normal eBay seller not business. I genuinely sold the bike in good faith and he was happy to take it away! Yeah next time one of the 4 numbers calls there getting told where to go and then I'll bring the police into it.. I actually find it hilarious though that he's saying all these parts are missing it's absolutely crazy will keep posted on what happens. I feel this could be a long day .
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Have you got a copy of the ebay listing we can see to offer advice? Sounds like you've just run into a complete tool. It happens. If the bike was in a similar condition I may be leaning towards taking it back to avoid further hassle but it sounds like he's monkied it about.
I would report it to the police now in case anything escalates. Keep all txts and communcations and copies of the ebay listing. You've done nothing wrong so just tell the police everything and if he has made any kind of threat or even the harrasment then i would tell them you're scared. They should at least go and speak to him about it.
The only concern is that he obviously knows where you live/work and regardless of the law he could still be a nasty bit of work. If you dont have CCTV then it might be worth considering just incase. I'm not trying to scare you, instead trying to pre empt the actions of some idiots, which this guy clearly is.
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CCTV now there's a good idea haha! Basically he just came and viewed the bike after buying via the classified eBay add he was really impressed with it at the time. I shown him all around the bike and pointed out the only issues it had and that was missing a rear wheel spoke and needing a connector block for the left hand switch gear to operate the indicators! When he viewed the bike it was brought out cold so he could see how good a starter it was it fired up first kick and ticked over beautifully! He had a test ride which was also his uninsured ilegal drive back home and from there it went down hill after he put straight fuel in with no oil a few days after buying it and once we sorted that issue out over a week later it's now randomly missing the front master cylinder and power-valve how is that even possible you'd surely notice that a mile off
he literally took the paper work and off he went no receipts but I completely covered myself in my listing I'll try and dig the item number out and on the photos on the listing you can clearly see the front master cylinder! Yeah I'll be taking this up with the police just shortly it's beyond anything I've ever dealt with. I wouldn't want the bike now after what it's been throw! He's apparently crashed it to -
@Biker_123 If you have his address then send him a receipt TOMORROW. Type it up with both of your addresses on it and use the disclaimers I posted in my first post. Sign it and leave a place for him to sign. Send him a copy and on a separate piece of paper type up the statement I posted earlier today. Then ignore all further communication from him. Visit your local cop shop and make a complaint, ensure that they take this seriously and get a complaint number.
If after all that he still persists and shows back up at you crib, then call the Police immeadiately and record everything. Once the Police have attended they will have to take action to remove him from your premises. If it goes any further then you have a record of past history and can show his irrational state of mind. All good evidence to be used against him if necessary!!!
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If the police ask, you DID NOT KNOW that he didn't have insurance to test ride it. As far as you knew he was pushing it. Otherwise you could be in trouble for allowing an uninsured rider to ride the bike.
The trouble with doing a receipt now is that he wont have signed it so if it came to court then it would be useless as you could have just written anything on it. In the future, write out 2 receipts exactly the same and both parties should sign a copy each for each other. Alternatively do 1 and the photocopy 1 for yourself and give them the original.
I expect he's crashed it and broken the master cylinder then. The powervalve I assume he means the servo and just doesnt know what hes talking about. As stated before he's probably got someone who does know to take a look and noticed that. But that was in the listing presumably as was the premix setup?
What year bike was it?
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@AndyYam I agree with your comments, but highly doubt if the buyer will instigate legal proceedings. He just doesn't seem the type and would rather take matters into his own hands. It's probably a safe bet that he has some experience of being on the wrong side of the law and no doubt he has a criminal record? Issuing a receipt now can be covered by stating that you had it ready before the sale, but the buyer was in a rush to leave and so he failed to sign it. Hence why you mailed it to him.
The Police will be able to check if he has insured the bike or not and if it's the later then he would be self incriminating himself. So I doubt very much if he would goto the Police and report @Biker_123? As the Police would just advise him that it's not a criminal matter and they are powerless to act. Taking a claim to court is a very costly affair, as I am currently engaged in a legal battle with my ex, over ownership of my house. That's taken 2 years and £6k thus far, so I know for frustrating sueing someone can be!!!
I suspect Mr Horny Head decided to buy a bike, because one of his mates has one? He obviously acts upon instinct, having a bright idea and just rushes into things blindly. Be patient ignore the crap outa the muppet and he will soon grow tired and move on to his next wonderful wise idea. He he does turn up on your doorstep just call the Police and stay inside. And if the bikes not running or not road worthy, then he would have to arrange some sort of transport to move it, if he does decide to try to return it? .Which is hassle I would suspect that he can't-be-arsed to go through.
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@Darty The sad fact about all this is such a wonderful bike, lovingly built and very well restored, will hit the scrapheap well before it's time. And once the dust has settled, I'm sure that the outcome of all this will be valuable experience and a hard lesson learned by @Biker_123. As I'm sure from now on he will vet any potential buyers and protect himself much more in the future!!!
