Buyer security for 2nd hand goods??? UPDATE

chodjinn · Post by **chodjinn** » Wed Jul 30, 2008 7:51 am

Righto, I have a problem with some pistons that I bought second hand. The are Group A Cosworth items, and one of them was damaged. When i bought them, I also got a brand new spare piston, which has a slightly different valve cutout to the rest, but otherwise appears the same. I was told that because they have the same casting number they are compatible and could be machined to match etc. and that the seller had personally spoke to Cosworth and been told they can be used together etc.

Anyway, long story short, the pistons don't match; we've got the proper information from Cosworth and the pistons are clearly not compatible and cannot be machined to work together.

So, where do I stand with this one? I have been polite and emailing the seller, informing him of everything as and when I've found out. He has continually assured me they'll work, but since we've had the info from cosworth he's been a bit on the quiet side, which give me the impression he knew they wouldn't work in the first place.

Er, help?

v8man · Post by **v8man** » Wed Jul 30, 2008 9:13 am

did you pay with paypal ??

kev_the_mole · Post by **kev_the_mole** » Wed Jul 30, 2008 9:20 am

If you paid with credit card then speak to your provider and see if you're in time for them to pull the money back. If not and you're willing to take a day off then do a Small Claims on him.

Alternatively tell us where he lives and we'll all go and park outside his house and work on our cars with BIG spanners

chodjinn · Post by **chodjinn** » Wed Jul 30, 2008 11:10 am

I paid cash. Even if I had used paypal, it is completely useless and their security/refund policy is completely flawed to screw you over. I have not heard of one successful claim through paypal for anything; not worth the paper its printed on.

I haven't actually approached the guy yet and asked for a refund, because I have sold the pistons on, and me and that guy are trying to work round it at the moment. if that's a no-go, then I'll be going back to the guy I got them from.

What laws cover this though? I am clued up on small claims as have used it before, but I will need something firm to go back to him with.

As far as I am concerned, I bought the pistons based on the fact he assured me the new spare could be used (based on info that apparently Cosworth told him), therefore I could sell them on (they were on group a rods that i wanted, and he didn't want the hassle of removing the pistons, so we agreed a price with a spare piston etc and i bought the lot).

However, the reliable info we have from cosworth is completely opposite what he said. What chance is there that someone at cosworth got mixed up? Very low I would have thought as those chaps know their stuff. there is obviously the option that he is just lying to me to make a sale, but I have no proof.

Bah, I need to get this sorted!

kev_the_mole · Post by **kev_the_mole** » Wed Jul 30, 2008 12:40 pm

It's a long shot but see if you can get a written statement from Cosworth as to whether the pistons are 'fit for purpose'. If you can do that then he hasn't got a leg to stand on.

chodjinn · Post by **chodjinn** » Wed Jul 30, 2008 12:55 pm

we actually have the screen dumps from Cosworth's system that show the full spec for each of the pistons and they are definitely not the same. If you wanted more proof, a grudgeon pin was pushed through one of the old ones and the new on to compare heights; they're about 1.8mm off

As far as I am concerned the data we have is enough proof.

I'm still looking for official information regarding legalities though, so I know what angle to approach from.

Post by **Rossco** » Wed Jul 30, 2008 3:58 pm

Is this a private sale or is he a dealer?

chodjinn · Post by **chodjinn** » Wed Jul 30, 2008 4:18 pm

Private, that's why I'm more concerned. If it was trade, I'd just use the goods and services act, have done before.

Post by **Rossco** » Wed Jul 30, 2008 6:51 pm

Breach of contract is going to be very difficult however you could try negligent misrepresentation.

http://www.opsi.gov.uk/RevisedStatutes/ ... 70007_en_1

Basic crux is that if he made a statement that induced you into a contract and he made that statement not knowing that it was true or not and you suffered a damege due to that statement then you may have a claim for damages.

Been many years since my bachelor law degree so you'll need to do your own homework

chodjinn · Post by **chodjinn** » Wed Jul 30, 2008 7:35 pm

That the sort of thing. So by that (if i read it right), even if he did believe what he told me was true, he would need proof of such information. Since he told me he spoke to cosworth, he should be able to get that. however, since we have also spoken to cosworth, and have proof, that leaves a bit of a void.

now i'm not after damages, just after a refund potentially. Might not even get that far if a spare piston can be found . . .

Post by **Rossco** » Wed Jul 30, 2008 8:08 pm

Absolutely

Boosted LS1 · Post by **Boosted LS1** » Mon Aug 04, 2008 10:41 pm

It's down to what your contract was with the seller and if you can prove it. Does sale of goods act apply to private sales or just trade?

terziakis · Post by **terziakis** » Fri Aug 08, 2008 8:21 pm

What can I do when seller don't send parts or return my money? This is/was private sell.
EDIT: Seller is briton and I live in Finland so I can't go and knock his door..

Boosted LS1 · Post by **Boosted LS1** » Fri Aug 08, 2008 9:24 pm

terziakis wrote:What can I do when seller don't send parts or return my money? This is/was private sell.
EDIT: Seller is briton and I live in Finland so I can't go and knock his door..

Difficult. Has he received the money, has he been ill or is he away? Have you spoken with him on the phone? PM me the situation and I'll see if I can advise you.

chodjinn · Post by **chodjinn** » Thu Sep 11, 2008 8:39 am

Righto, seems like this is dragging on forever. I've been in email/text contact today with the guy i bought the parts off.

Basically, he sent me some money for the Group A rockers I bought from him as some other guy wants them (and I can't use them). So far he has refused to respond or acknowledge my enquiries regarding a refund, except a while ago when he got very arsey with me and said he's only give a full refund for everything (spat his dummy out basically).

I asked for a refund on the pistons only (£150), and that's not including the £150+ I've lost on them through postage/removing them from rods etc.

Anyway, I've still got the rockers and he's asking where they are. I said that I am holding onto them for security until we sort this situation out. He's now started calling me all sorts, still refusing to accept responsibility for supplying false information, and insulting me left right and centre. He's also said that I have ignored the guy he passed on to me who was interested in the pistons, but that guy hasn't responded to my emails!!

Aargh what to do??