Hmm just bought a buggy off someone and having problems...

[stebedford]

Ok, so I was looking on ebay for a nitro buggy when I find 1, its still got a few days left (its also on another RC forum) so I asked the guy if he would consider a buy it now, he said yeah and said £120, I agreed and he ends the ebay auction and I pay him through paypal. He didnt manage to post it when he said so I said I would go pick it up. Got to his place at 11pm and hes stood outside with it all ready, he said its in perfect condition and runs really well.

I got home and put the buggy on the table, the next day after work I try to start it, oh, theres no glow plug...no worry ill use mine, still wouldnt start. I decide to contact the guy and he said it should work, he had it working the previous morning and tells me to make sure the screws are tight on the engine, they are so I told him I would take it to my local model shop.

I get it to the model shop, the first thing the guy says is theres hardly any compression...Oh...Why is that? I ask, he takes the engine out and takes the back plate off, and the piston out. The piston and piston liners are both worn down and will need replacing...also theres a crack in the crank case...the engine needs replacing. The engine that this car has costs £120!! the same as what I paid for the car.

I try calling the guy I bought the car off but his mum answers and says hes gone out because its his birthday and left his mobile at home....At this point I start to get more worried.

Is there anything I can do? Ill keep trying to contact him but if worse comes to worse have I lost my money? or can paypal get it back as hes sold it saying its in perfect condition when really its not?

[sosidge]

I do hope you didn't send a Paypal "gift" - because then you have no protection.

If the seller is unwilling to settle with you, then you can try a Paypal dispute. I'm afraid that making the deal outside of eBay probably won't help your case.

Private sales are ultimately "caveat emptor" - buyer beware. I'd never pick anything up outside someones house at 11pm - well dodgy - and if something runs well I'd like to see it running first if I am there in person.

Good luck.

[Big G]

sounds like a sold as seen sale

unfortunately I don't think you have any come back on this one. I don't think paypal will help on this one. Good luck with any route you decide to take.

[stebedford]

How can it be sold as seen? it was advertised as ready to run and when i asked him if there was any problems with it he said no it runs really well

[mambamax]

was the sale completed on ebay or out side of ebay

[stebedford]

the auction was ended early and I made a direct payment for "goods" through paypal, like i said, the buggy was also listed on another RC forum (MSUK)

Ive raised it as a dispute with paypal now. The first stage is to send a message to him through paypal and we have 20 days to resolve otherwise paypal will start their investigation

[Jonesy]

Originally Posted by mambamax

was the sale completed on ebay or out side of ebay

Judging by the first post I would say outside of ebay, no leg to stand on I wouldn't have thought

[stebedford]

does the fact that he sold it to me as fully working and no problems make any difference at all??

[DAVIDZX5]

I don't think so as it is just your word against his.

[stebedford]

Even though his advert to sell the buggy is still on the other forum stating that the car is ready to run?

Originally Posted by DAVIDZX5

I don't think so as it is just your word against his.

[bert digler]

Originally Posted by stebedford

Even though his advert to sell the buggy is still on the other forum stating that the car is ready to run?

stupid question but if you collected it you know where the kid lives go get your money back

[stebedford]

would do but i dont want to get done for harrassment lol

[DaveG28]

Might potentially have a leg to stand on legally, depends on who'd decided not to test it and the whole sold as seen issue. I'd doubt Paypal would get involved for this though!

The other thing is, he might still be kosher and it really be his birthday, fond out tomorrow hopefully!

Good luck anyway!

[migsy]

you've obviously been ripped off, go back to his house with a base-ball bat and give him 120 quids worth of knee cap damage.

[stebedford]

just got a response off him through paypal resolution centre, he said he would not replace the engine and would not pay money towards a new 1. Hes saying the car started the morning before I got it (he did add that the cars are supposed to crash(sounds like he has crashed it, which probably caused the crack!)).

If I would have sold someone something that turns out to be broken id be really embarrassed and offer a refund straight away, not to mention numerous apologies!

[stebedford]

I suppose if worse comes to worse I can sell some of the spare parts, does anyone know how much the front and rear ends for a Hong Nor X1 CR sell for?

[mambamax]

name and shame him on the forum as a dishonest seller so no one others get scamed by the scum bag

[stebedford]

Originally Posted by mambamax

name and shame him on the forum as a dishonest seller so no one others get scamed by the scum bag

Should I do that now? or when the paypal dispute is over?

[superdez]

You do have redress under the Sales of Goods Act. Even though you purchased it from a private seller it still needs to be properly described S.13.

You need to provide evidence as to the description, the forum advert or the ebay listing will do, but it would need to state that it was working, a good runner etc.

You may also need a statement/letter from an expert, say the guy at the LHS on when/what/why the failure of the engine happened etc.

Then I would write to the seller giving 14 day to either offer a refund or replacement engine and state if he does not comply you will pursue legal action!! Send this letter recorded and keep a copy.

If he does not respond you will ultimately have to start legal action at the small claims Court (not that expensive and no need of a lawyer).

Hope this helps, but my civil law knowledge is very, very rusty

Alex

[stebedford]

I still have the links to the ebay listing and the MSUK forum advert. On the MSUK ad hes put image shack pics of it, some related pics on there are of the same car with a different engine that appears to have broke