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Post by mogster on Oct 15, 2007 21:32:46 GMT 1
A mate of mine just sold his fireblade on e bay . The guy that bought found out it had been a cat D right off when he went to insure it . He contacted my buddy who never knew this and asked him if he was aware of the fact and he wasn't . the bike was M.O.T'D and seemed to be OK . The guy sent my mate a cheque and payed for the bike . Now 2-3 weeks later he contacts my mate and says he no longer wants the bike , I thought it strange why he never came to pick it up !!!!!!!! so how does my buddy stand now ?? does he have to give the guy his cash back and keep the bike or whats the next move . I'm not sure on this one my self , any of you guys got any ides , I know what my answer would have been but best keep those kind of thoughts to my self
Cheers Guys
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Post by Norbo on Oct 16, 2007 10:20:29 GMT 1
refunIf your mate did not say is was a cat d right off, then he will have to give a refund. Even he did not know,the ownes is on him to fined out before sale.
The bloke who perchaced it has every right to demad a full refund.
In a small clames courght he would win and your mate will have to pay his costs as well. Id just say sorry and refund hime and put it back on E-Bay and state in the listing it was a right off in its past.
Lest face it if you perchaced a bike and found out it was a right of youd whant it for a lot les money or id just whant a refund and get a straight bike for the same money.
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Post by mogster on Oct 16, 2007 13:08:23 GMT 1
Yeh you're right but in all honesty my mate had no idea it had been a right off and to look at the bike you would have no reason to think that either . Even when he went to insure it there was no questions from them either , just goes to show i suppose , but if you look into it there is no where it says you have to declare a bike a right off , only if some one asks you if it has been , found that snippet on the net somewhere
Cheers Mogster
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Post by stevebozzy on Oct 16, 2007 14:18:04 GMT 1
i think mogster is correct, its up to the buyer to HPI the bike before he buys it.
if the buyer asks if its a write off and the seller lies then the seller is breaking the law.
if the buyer doesnt ask ,then the seller doesnt have to say anything.
it is legal to put a cat "c" back on the road with a MOT .
this has happened to me ,i got the info from the MCN in August 2004.
unless the law has changed since then ?
steveb
ps .maybe mogsters mate should contact the MCN for comformation
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Post by mogster on Oct 16, 2007 14:41:51 GMT 1
Thats the same info i found aswell , cat c,d can go back on the road with an MOT . So really nobody was in the wrong but i'm not sure if the guy who bought the bike can just turn round and say he doesn't want it now , surely he should take it away and sell it if he doesn't want it !!!!!! after all he went through with the deal knowing it was a cat d right off , interesting one this
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Post by Norbo on Oct 17, 2007 10:47:49 GMT 1
Well if he was aware it was a right off before he bid on it whats the problem. If he new nothing i would give a refund but if he know before even if it was a C not a D what ever that meens he should just have it and sell it on .
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