Yesterday, sold bike. Today, court threats?!

[Easy-X]

[myvision]

Did he send you a photo of this damage then?
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VFR800FI, YZF600R Thundercat and FZS 1000

[notbike]

Empty words. He isn't gonna go through court costs for £100 lol. Call him a chancer and tell him to jog on.

[daws0n]

Another SMS:

"following the small claims court guidelines, am I officially offering you a chance to resolve this situation before going to court, the bike you sold me has been crashed and the damage concealed, this damage was not listed in your advertisement, bike was advertised as 100% good working order and very good condition. I estimate the damage at around £200 to repair, I am wiling to except half the bill, £100, to save me the time and hassle. if you refuse, I will take you to court for a full refund, plus costs, you have until 9.00am Monday 17/05/21, if the money is not paid by that date and time, I will retract the offer and only except a full refund plus cost. xxxx xxxxx xxxxxxxx xxxxx (bank details obscured by me). ps no more sob stories please, money or court."

Ok now it gets interesting. I've just seen the photo he keeps mentioning (see attached).

[daws0n]

Oh, and I've just got off the phone with the nice previous owner I bought the bike from.

He is happy to support me in court.

[arry]

Send him one last text back saying you've said all you're going to say on the matter and if he still wants to serve papers then that's up to him. Then block number and move on with your life.

[KiwiBob]

If he texts again tell him you've contacted a solicitor who says there is no case and that if he wishes to take it further you will see him in court!

[FretGrinder]

Something about those pictures does seem odd

Having trouble trying to find a top view picture of that bike to see where that damage would be.

Seems odd that "fluid is leaking everywhere" after what looks like a 60 mile trip.

Also seems odd that he had to remove a bit of "carbon tape" on a panel that looks like it would have nothing to do with said leak in order to investigate where the leak is coming from.
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Yamaha MT-09

ಠ_ಠ

[daws0n]

The photo on the left is his, the one on the right mine (took for advert)

[FretGrinder]

Would also add, if that is "crash damage" where is the rest of the damage?

I'd certainly be asking for more pictures of the evidence of this crash damage.
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Yamaha MT-09

ಠ_ಠ

[xX-Alex-Xx]

[MarJay]

He bought the bike, his wife got grumpy because he spent too much so he's trying it on in order to try to get some cash back. I can't even see where the 'damage' would be on the second bigger picture, it looks like a completely different style of bike.

Tell him to jog on, or take you to court.
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British beauty: Triumph Street Triple R; Loony stroker: KR1S; Track fun: GSXR750 L1; Commuter Missile: GSX-S1000F
Remember kids, bikes aren't like lego. You can't easily take a part from one bike and then fit it to another.

[KiwiBob]

It will cost him 200 to lodge a claim that he may lose and he wants 100 from you .. It makes no sense .. Ignore him!

[Pete.]

How is this clown going to prove the damage didn't occur after he bought it?
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good

[Nobby the Bastard]

Just mug him off.
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trevor saxe-coburg-gotha:"Remember this simple rule - scooters are for men who like to feel the breeze on their huge, flapping cunt lips."
Triumph Sprint ST 1050

[Polo]

[KiwiBob]

[JustinW]

Block him.

[Ste]

Stop replying to his messages.

[Robby]

Stop talking to him. Stop posting all of the correspondence on here. If it does go to court, you could be building a case against yourself.

[BedsClanger]

As a former solicitor, if I was in your position I'd send him one more message explaining that I completely reject his claim, and that he's welcome to issue proceedings.

I'd say that I'm completely confident of success, since: the principle of 'caveat emptor' applies to private sales; he was afforded ample opportunity to inspect the bike; the bike is as described; and, it is not dangerous or unroadworthy.

I'd add that such a claim is likely to cost him as I'd claim the maximum allowed under the Civil Prodcedure Rules for fixed costs, experts fees, and loss of earnings.

I'd also add that I am blocking any ebay, text, or email comms, and will only reply via post (or online should he issue an online claim) to proceedings, but not any other correspondence.

I'd point out that, in the meantime, he's under an obligation to mitigate his loss, so won't be able to claim storage fees.

[Bhud]

He rode the bike home safely, and sent you a text confirming that he did. He left you positive feedback on Ebay.

He then contacted you saying the bike was leaking fluid, suggesting that he'd had the damage priced already by a mechanic. He's also used the word "inspection", suggesting he's incurred costs for doing so. Personally, I find that claim to be unlikely. If you take a faulty bike to a mechanic, do they quote you just for quoting for repair? I've never heard of that.

He has mentioned that fluid leaked down the side of the engine and dried away. I see no evidence of this in your photos or in his one photo. His photo shows a repaired radiator cover. It's unclear how the radiator cover was damaged, or whether this might have been done by someone overtightening the attachment bolts or screws. There is no other visual evidence of any sort of damage.

You have stated that you are not a mechanic and that the bike is roadworthy to the best of your knowledge. You were not aware of any faults. The damage to the radiator cover was not visible unless the bike was dismantled to some extent (panels removed). The bike has had previous owners.

He has stated this is "fraud". Well, it clearly isn't, because fraud is a criminal matter and the police would be involved. He says he thinks he has a contractual claim against you.

I don't think there's anything left to discuss with him.

Just sit back and wait for the small claims form. It may or may not arrive. From the sound of things, he wants you to simply pay him off, and won't take it to court. There is risk in everything, and selling a bike is no exception. Occasionally things like this may happen.

I mean, I'm a former barrister*, and a 6' 7 former boxer*, and bestest of platonic beta orbiters entrusted with the finances of a number of famous female Instagrammers and Youtubers*, etc. so you should give me £100 right now and take my professional advice... Yeah, but no.



*not true

EDIT: caveat emptor on taking professional advice on forums where not everyone is who they say they are. [Shock! Horror!]

You never know if it's just an ambitious 15 year old or a former CAB advisor, etc. Statistics say it probably is:

https://www.mmadigital.co.uk/ratio-of-281-for-law-graduates-to-available-legal-sector-vacancies/

[BedsClanger]

Also, in case he does issue proceedings, check to see if you have any sort of legal expenses cover on e.g. crdit cards, home insurance etc.

[Easy-X]

To be fair "I'll see you in court!" does sound rather ominous. It's only after you've taken out or defended a lot you can reply "Big Whoop!" with any confidence.
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Husqvarna Vitpilen 401, Yamaha XSR700, Honda Rebel, Yamaha DT175, Suzuki SV650 (loan) Fazer 600, Keeway Superlight 125, 50cc turd scooter

[Freddyfruitba...]

I can't see where the damaged part is on the bike, but is there any possibility that the buyer has attached a broken component to the bike just for the purposes of scamming the seller? Might be interesting to review the buyer's eBay buying history.
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KC100->CB100N->CB250RS--------->DL650AL2->R1200RS->R1250RS