New motorcycle. Who is liable

[johnfjm]

I bought a motorcycle on Ebay, description, "BRAND NEW road legal scooter 150cc-motorcycle-moped cc"
I paid for this on 4th April, there was problems with the sellers Paypal account receiving limit so he asked me to pay it into alternate account. This gets a very complicated matter as it is now known, it's not his account.
The scooter arrived 1 week later but without any legal paperwork, so I got in touch with seller who said I will have to contact the firm who sent the bike, but i was under the impression he was the seller. but it appears he was selling to me in the capacity of a drop shipper and not supplier .
Some of the paperwork came after I requested it, but no certificate of conformity.
These machines are sold for the seller to register for the road themselves, but if all paperwork can not be supplied it is not possible. The missing certificate is equivelent to a birth certificate for the bike, and duplicates can not be obtained, hence useless motorcycle that is only good for spares as it can't be put on the road.
I have waited and sent at least one message every week to the supplier requesting the required paperwork, but its one excuse after another.
Oh i forgot to mention the seller (drop shipper) got banned by Ebay just after he put me in touch with the supplier.
I have been offered a remedy by the supplier of registering the motorcycle for me which i agreed to and have paid the cost, but the agreed deadline has passed, so i guess he has scammed that money out of me too.
The advert clearly stated it would be sold with EEC certificate of conformity, so therefore sold not as described.
Who is liable to put matters right. The seller, or the supplier, or the person whose account received the money.
should i return item for refund. If i do i may loose goods but still not get a refund.
Ebay have little chance of resolving this as both persons are not current members.
Any advice welcome, John

[Tools]

Re: New motorcycle. Who is liable

Hi johnfjm,

Sorry to hear yet another scam story emerging from Ebay and again Paypal.Just a few questions if I can.

• Have you contacted Paypal regarding this?
• How did you fund the Paypal payment? (i.e did you use a credit card and if so did you pay at least £100 by credit card?)
• Do you have any contact details for the seller,name address,telephone number etc?
• Can you still view the item description? If so print off a copy on paper for reference. (Also add a link here as it may help)

There are several avenues open to you, but before anyone can advise it would be better if you could provide a bit more info.

Jules

[johnfjm]

Re: New motorcycle. Who is liable

I filed a dispute with the seller on paypal on the 6th May. Reason for the delay is that I have been trying to negotiate with wholesale company i mentioned who actualy supplied the bike.

The payment was made using paypal directly funded from bank account via Visa debit card for total amount of £603.00 to the seller.

Wholesale supplier was paid £105 as requested to register bike on my behalf, i now doubt the legitimacy of there intended method of carrying this out without any origional paperwork.

The item description was deleted by Ebay before it was apparent there was any problem with the paperwork. I may be able to obtain contact details of seller from Ebay, but not sure on there policy of suspended sellers. I tried "contact details" from member profile, that no longer works.
Thanks, John.

[johnfjm]

Re: New motorcycle. Who is liable

Just received this email fom wholesaler.

"Hi,
We are sorry for the delay in responding, The Number plate and tax disc are
delayed because there is one paper missing we have forwarded that paper if
you bear with us we can get them tomorrow or day after tomorrow Once we
received it we will dispatched them as a next day delivery. we are very
sorry for inconvenience.

Raman "
As always, they are polite and positive, but may be offering false hope.
John

[Tools]

Re: New motorcycle. Who is liable

OK thanks, yes I know it may be another delaying tactic but I would advise you wait to see the outcome of their email over the next couple of days. While you are here why not pop in and say Hi to everyone , Enaid has already welcomed you in case you missed it Welcome johnfjm

What country are you dealing with, I assume it is an Oriental country such as China or Japan?

If I havent checked back on this in the next few days feel free to PM me a reminder by clicking here>>Legal Beagles

What protection does your debit card provider offer you against online purchases etc, you should have some buyer protection through Visa. Although not strictly under the Consumer Credit Act 1974 , Visa itself should offer you some protection under their Terms & conditions, have a good read of them or contact your cars issuer.

You may also like to read this article, a little dated but hopefully still applicable BBC NEWS | Programmes | Working Lunch | Can you count on your card?

The situation is a little more complex seeing as you have actually received the goods, albeit not fit for its advertised purpose(not without the paperwork etc)

[johnfjm]

Re: New motorcycle. Who is liable

No not oriental country, Uk London area, but i suspect that the people who work at this importers are oriental.
I will go and say hi to everyone, thanks.

[Tools]

Re: New motorcycle. Who is liable

Sorry, I think you misunderstood.

You say they were acting as drop shippers, did the person you bought from drop ship from the warehouse in London or do they work there and are drop shipping the bikes in from abroad?

[johnfjm]

Re: New motorcycle. Who is liable

Drop ship the bike from wholesale depot in London , they take the order and it's sent fom there.
The agreement to register the bike for me mentioned earlier has not yet been done. They still say one paper is missing and they are waiting for replacement.

[righty]

Re: New motorcycle. Who is liable

Your contract is with the seller not the supplier. It's them who must honour the agreement or refund your money.

Many dealers try to fob customers off by sending them direct to the manufacture or in this case the wholesaler to rectify problems & it's wrong