problems with an engine i bought off ebay....

[stirlinggaz]

hi all,
(WARNING :this is quite a long post)
anyone any advice on resolving a dispute on ebay?
i have bought loads of things over the years, including bikes, & never had any problems up until now...
i bought a second-hand 125 engine for my mtx. (after i had all sorts of problems with the 200cc engine fitted)
it was quite cheap at around 85 quid & another 25 for delivery, but i dont think thats relevant.
it was advertised as a "complete engine with electrics".
i was quite disapointed when it arrived with no sprocket,sprocket cover,kick start,gear lever or oil pump.
but no problem, i can use these items off the old engine.
i went to empty the old gear oil out & it was empty.
so i removed the clutch cover.
i found it was missing a couple of casing bolts, the clutch plates had dried up & warped, there a light coating of rust on some of the cogs, the gear reducer collar had beeb substituted with an old rusty nut & the casing was cracked & had been repaired with sealant.
i contacted the seller who stated there was no way i was getting a refund as once oil had been run through it, the engine would run fine.
so i stuck it in the bike.
connected it all up & filled up the radiator
& imagine my surprise when coolant poured out all over the ground!
it was coming from the cylinder head cover! (right next to the spark plug)
i had noticed a couple of smears of sealant, but i just thought it was whoever had repaired/bodged the casing, had been a
bit clumsy with the sealant, lol
anyway, i have raised a dispute with ebay & paypal.
& the seller has responded by saying if i send it back to him he will show me it running in annother mtx & show it selecting all gears.
he also says he will instruct a solicitor to contact me to get the contact details of the dealers who will verify its condition as he says he doesnt beleive im qualified enough!
(i have never mentioned taking it to anyone)
so much for customer service, this is quite a big breakers, not some random individual.
i have kept all my emails & took pics & a video of the coolant pouring out.
anything else i should do?
cheers,
GAZ

[Darth]

If you have raised a dipute with ebay/paypal then if the item is returned then you will get your money back. Might even get away with keeping it and still get your money back.
From my experience - luckily as a buyer - that is who they will always find in favour of. Just wait it out
____________________
Harold_Shand wrote: I suppose it's like anything, you get your fingers burned when you start out, you learn from it and eventually become a complete arsehole about the whole thing.

[blutonium92]

yeah through paypal chances are you will get your money back if the item was not as described.
Will take a while and is highly frustrating but chances are you will get your money back
____________________
Now - Ducati 748, Laverda 650 Sport
Had- 56 Aprilia RS50, 03 Aprilia RS50, Hond VFR 400 NC30, Aprilia RS250, Suzuki SV650

[carlnicholson...]

You've got to go the whole way through the official ebay system, there is just no other way, worst case, paypal will return the payment.

Out of interest, would the breaker happen to be a rather notorious dump just south of Manchester named after the county in which it lies?

The same one to have sold me a knackered old ZZR with a number plate year not matching the model, bodged wiring that set on fire, a fucked gear box and a welded frame hidden behind the plastics? Most of which I would have spotted had I had chance to look at it first, but I had to work at the time it was delivered and decided to take a punt. Lesson learned.
____________________
"THOSE WHO RISK NOTHING, DO NOTHING, ACHIEVE NOTHING, BECOME NOTHING."

[stirlinggaz]

hi,
so should i send the thing back to him?
as this would cost me 20-30 quid & im likely not to get that back, am i?
& hes said not going to give me a refund, just to send it back so he can prove its running.
it may well run, but not for long with water pissing out of it! lol
or do i just wait & see what happens?
the engine is of no use to me, & i dont want to spend any more money on it.
any decent person would have offered to give me another engine or a replacement cylinder head cover.
i thought i was dealing with a reputable dealer, turns out its probably just a guy with a shed full of junk!
hes now got nothing on ebay, but he has a rating of over 1100, so hes bought/sold a few things.
carl : no not the same place, this guy goes by the name of man in a man suit or something similar.
cheers,
GAZ

[Stelmer]

I thought you had gone with Spares Unlimited till I read the post above.

My advice, if I was in this situation:

I recommend you do a video of the engine and all the faults mentioned. Stick it on Youtube for Ebay to watch when you complain to them. It'll help more than words will and should easily prove the seller wrong going by what has been said.

As far as I know, don't send it back till instructed to do so. Open a dispute with paypal and also contact ebay personally. Be thorough as the seller will try make you look incompetent and stupid.

A video should help your argument.

[stirlinggaz]

hi,
thanks for the advice.
i have recorded it leaking.
i have also taken pics.
the seller is now saying "where did i say it wouldnt leak"
& he says he doesnt want to talk to me, in the resolution centre, until he has the engine back to prove i am lying!
or that i damaged it!
i had already pointed out to him the tell tale signs, of smears of sealant all over the place.
so i have escalated it in paypal.
they can decide.
heres hoping.
cheers,
GAZ

[MattEMulsion]

Good luck Gaz, there are some right dickheads on ebay.
____________________
Yamaha YZF-R6

[JP7]

eBay and Paypal are quite good in returning money to innocent parties if an item isn't as described.

How did the seller describe the item exactly? If they said "full working order" or "excellent condition" or such like, then it plainly isn't and you've got a good case for getting your money back. For a start they said it was complete and it isn't, so immediately it's misdescribed.

[doggone]

Initiate ebay disputes process, don't negotiate with seller at this stage.

[tshort2007]

Gaz, Most importantly, you are covered by the distence selling regulations.

CLICKY

They dribble on a bit, but basically, you are intitled to a full refund as

[stirlinggaz]

hi,
i quoted the sale of goods act & the distance selling regs, but thanks for the tip.
(it helps working in govt, have access to all the guides & regulations, )
im gonna keep hold of the engine for now & see what the outcome is.
am i right in thinking ebay & paypal, both have there own seoperate resolution centre/process?
i have taken it to next level with paypal, so its up to them to make a decision.
should i also escalate it further via ebay?
cheers,
GAZ

[map]

Just want to agree with above post on distance selling.

I believe also covered under consumer regulations (contact consumer direct) as any item sold has to be of merchandisable quality.

Might be worth contacting the consumer people as if they get a certain number of complaints against a seller then they take an interest. So your complaint will be added to the file and if it doesn't help you then maybe someone else will benefit.

HTH
____________________
...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger?

[tshort2007]

Take it allthe way with both. More chance of a successful outcome, not that i doubt you will lose out anway!

Also, if you pid for it on a credit card, inform your credit card company, as the engine actually belongs to them! They will refund strait away, and claim the money back off the seller.

EDIT- i think hes tryin to call your bluff with soliciters and stuff. he hasnt got leg to stand on, and is hoping you will backdown and accept the engine

[Stelmer]

You could say you are getting the authorities involved as well if things turn nasty. Could also be worth mentioning that you have a second opinion from a professional mechanic. Getting one will not be that hard either if it went this far. I would only do this as a last resort.

I doubt it will go that way though. As long as the seller remains silent, Paypal and Ebay will side with you. Don't contact him directly. Put up all your findings in the dispute and leave negative feedback. When he responds to the negative feedback, reply to that.

Got a link to the item?

[Darth]

Try calling ebay directly - eBay Customer Support 020 8080 2105. When i've had problems before and phoned for advice they just refunded me in full immediately and then sorted seller/paypal side themselves. Dont send anything back at a cost to yourself unless they tell you too.
____________________
Harold_Shand wrote: I suppose it's like anything, you get your fingers burned when you start out, you learn from it and eventually become a complete arsehole about the whole thing.

[JP7]

If the item was paid for by Paypal then eBay will hand it over to Paypal's resolution process. Paypal will do the job for you.

[stirlinggaz]

Hi,
heres a link to the item https://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=200370968330&ssPageName=STRK:MEWNX:IT
i think i will give ebay customer services a ring.
im damned if i am paying 30 quid to send the thing back to him.
i'll probably never see the engine or my money again.
thing is, im easy pleased, when i noticed there was a hole in the internal casing, i complained to him.
when he said there should be a hole there, i apologised (even though the hole is larger than it should be. ie its a random shaped hole rather than the 7mm circular hole it should be)
i wasnt even that bothered when i seen the silicone sealant all over the clutch casing, as i have a spare casing.
i wasnt that bothered about the fact that it had no gear lever,kickstart,front sprocket, sprocket cover or oil pump.
even though the description says "complete".
but to say "i didnt say it wouldnt leak, did i" (yes thats what he said, lol) is really taking the piss.
& to say that the engine is fine, when it clearly isnt, is also taking the piss.
as i said to him, what good is a water cooled engine that doesnt hold water!
he could have just sent me another cylinder head cover, & i would have been satisfied.
now its got to thee point, where im digging my heels in & i want a refund.
i like a good fight.
cheers,
GAZ