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Bought a lemon

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DieselASFC
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Joined: 30 Apr 2014
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PostPosted: 19:37 - 03 May 2014    Post subject: Bought a lemon Reply with quote

How do! Bought my first bike, a Yamaha SR125, off a fella named Vince Candelin, owner and proprietor of Bike Onik, previously known as E2 Motorcycles. Thought I'd post all about it on here, as I noticed on https://www.bikesandtravels.com/biker.aspx?ride=233&info=1 quite a few links to these forums, so obviously he has stung a few users on here. Anyhow, I went and had a look at the bike, which needed a good clean, but was told it was mechanically sound. Bought it, rode off into the sunset, and quickly realised the speedo was borked. Took a turn off into an Aldi car park so I could turn the bike aound and take it back to gool ol' Vinny. Annnnddd...the engine cuts out. Try the electric start. Nothing. Not a noise. So I phone Vinny, who doesn't answer his phone. I'm now stranded 15 miles from home, but I don't give up right away. I push the bike to the nearest petrol station, knowing full well it's nothing to do with fuel, but hoping anyway. Obviously, it didn't help, so I phone my Mum to come and pick me up, leave the Bike outside Asda and finally get a hold of Vince, who can't collect the bike until the morning. So I leave the keys with Customer Services and go home.

I google Vince Candelin, and am instantly filled with dread. I look at my receipt, and lo and behold, Sold as Salvage is scribbled on it. Regardless, I drive down the following day, and ask for my money back. Of course, he declines, getting rude and aggressive, blaming me for the fault, claiming the engine was flooded and saying the speedo cable was a cheap fix. I tell him I think the bike is not road worthy, and he should not of sold it in it's current condition and that he told me it was mechanically fine. Smugly smiling, he tells me it was sold as salvage, so I've got no comeback but he could sell it for. No thanks, I tell him, and give him the V5 and keys, and go home.

Once home, I phone my credit card company, and ask to raise a dispute as the Bike was not of satisfactory quality, nor fit for purpose, nor was it in my possession. They then send me a letter asking for the receipt, proof the merchant has the item, and a couple of other bits. I send off what I can and receive a letter from Vince a few days later, which I forwarded to the credit card company and ignored.

https://s29.postimg.org/sx1nspkba/haha.jpg

The credit card company, as expected, reject my claim as the receipt says sold as salvage. I point out that under the Consumer Protection from Unfair Trading regulations, he cannot mislead me about my statutory rights by writing anything on the receipt and that is illegal under the road traffic act to sell a vehicle that is not road worthy unless it is made clear and it is not used on the road. After some to-ing and fro-ing and a threat of the Financial Ombudsman, they gave me my money back and a little compensation.

I then went and bought a brand new YBR, which I'm very happy with. Plus, everything all in on the bike, HP, fuel, insurance and tax is still cheaper than my fuel bill was for my car, plus it's so much more fun, so I'm well converted!
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dydey90
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PostPosted: 19:44 - 03 May 2014    Post subject: Reply with quote

I was fully expecting this story to end in "so I'm fucked and lost a lot of money, what do I do?"

Well done managing to get one over on a dodgy dealer Smile
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CaNsA
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PostPosted: 19:47 - 03 May 2014    Post subject: Re: Bought a lemon Reply with quote

DieselASFC wrote:
Bought my first bike, a Yamaha SR125, off a fella named Vince Candelin,


How has this twat not been lamped yet?
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Rogerborg
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PostPosted: 19:49 - 03 May 2014    Post subject: Re: Bought a lemon Reply with quote

DieselASFC wrote:
Vince Candelin

https://i.imgur.com/iJIW89B.gif

DieselASFC wrote:
[The usual sorry tale]

After some to-ing and fro-ing and a threat of the Financial Ombudsman, they gave me my money back and a little compensation.

https://ih3.redbubble.net/image.15130791.4824/pp,375x360.jpg

2000 words worth of Thumbs Up Thumbs Up Thumbs Up Thumbs Up Thumbs Up

The chap is a crook, plain and simple. He buys broken bikes, gets them to fire up, and them sells them deceptively. Why he's not in jail pummelling Max Clifford's prostate, I have no idea. Good on you for winning, that chargeback is a touch of karmic retribution.
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-Monty-
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PostPosted: 19:56 - 03 May 2014    Post subject: Reply with quote

Well done on getting your money back. It's not often that these people are defeated so quickly Thumbs Up
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Tamsin
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PostPosted: 20:07 - 03 May 2014    Post subject: Reply with quote

Just a quick point.... where is gone via FOS, its not this vince chappy who has had to pay for it, its the CC company...
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anthony_r6
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PostPosted: 20:15 - 03 May 2014    Post subject: Reply with quote

MissTamsin wrote:
Just a quick point.... where is gone via FOS, its not this vince chappy who has had to pay for it, its the CC company...


I imagine they will try and get that money back. Either way, that is what the protection is there for.

Well done on getting your funds back, every now and then we see a case where someone has been trying for a long time to get their money back, and most are close to being physically and mentally drained because of it.

I'd beware of any seller that has operated under another business name previously.
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Nobby the Bastard
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PostPosted: 20:18 - 03 May 2014    Post subject: Reply with quote

MissTamsin wrote:
Just a quick point.... where is gone via FOS, its not this vince chappy who has had to pay for it, its the CC company...


However, once the CC company has had to pay out a couple of times, they'll refuse to do business with him. Meaning he will only be able to do business in cash.
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Raffles
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PostPosted: 20:42 - 03 May 2014    Post subject: Reply with quote

MC wrote:
Guy really needs to be dropped..

Fixed.
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evilbond
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PostPosted: 22:01 - 03 May 2014    Post subject: Reply with quote

Thought i read Victor Devine for a moment.

Well done for not being left out of pocket.
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ScaredyCat
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PostPosted: 23:19 - 03 May 2014    Post subject: Reply with quote

MissTamsin wrote:
Just a quick point.... where is gone via FOS, its not this vince chappy who has had to pay for it, its the CC company...


Initially yes, but the CC company *will* get the money off him.
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G
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PostPosted: 23:20 - 03 May 2014    Post subject: Reply with quote

I expect they will get their ounce of flesh from him one way or another.

A good lesson regarding buying with credit cards if you can.

Also, most definitely don't buy something with 'sold as salvage' listed unless you're aware of this ahead of time!
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-Matt-
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PostPosted: 02:52 - 04 May 2014    Post subject: Reply with quote

Interesting read Thumbs Up good job on re-filling your pockets Razz
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Davenaylor
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PostPosted: 08:45 - 04 May 2014    Post subject: Reply with quote

Well done being financially savy enough to get your money back.
Maybe a lesson learnt though, google a seller before not after the purchase?
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DieselASFC
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PostPosted: 09:25 - 04 May 2014    Post subject: Reply with quote

Regarding the refund, I'm not yet sure if it's a chargeback or a section 75 as I haven't received a letter yet. I paid £595 for the bike, so obviously a made up offer. I did google bike onik beforehand, and didn't see anything negative, although in hindsight, his website is still e2motorcycles, so I should have checked that out. I also forgot to mention in the wall of text, that I reported him to trading standards for the sold as salvage thing, and for charging me too much for his credit card fees, more than double what he's allowed to charge. Again, I didn't know this until I was researching my rights.
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iooi
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PostPosted: 09:27 - 04 May 2014    Post subject: Re: Bought a lemon Reply with quote

DieselASFC wrote:
The credit card company, as expected, reject my claim as the receipt says sold as salvage. I point out that under the Consumer Protection from Unfair Trading regulations, he cannot mislead me about my statutory rights by writing anything on the receipt and that is illegal under the road traffic act to sell a vehicle that is not road worthy unless it is made clear and it is not used on the road. After some to-ing and fro-ing and a threat of the Financial Ombudsman, they gave me my money back and a little compensation.
!


To go to FOS (FCA now) costs the CC £750 win or lose.
So Let me take a stab in the dark and you got less that this.

A CC does not cover consumer protection laws. That is your legal right and you would have to do some leg work yourself and take him to small claims court.

The CC will not get anything back from the guy. Nor will they be able to stop hime for taking card payments.
Only Visa/mastercard can do this. Not something they do very often. And all he would need to do is go to another merchant bank and open a new account under a different name.

You have learnt something for the future here.
1. Research 1st....
2. Read the paperwork....
3. Buyer beware.

You should have spotted the speedo within yards.....
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DieselASFC
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PostPosted: 11:13 - 04 May 2014    Post subject: Re: Bought a lemon Reply with quote

Live and learn.

I did actually notice the speedo very quickly, but I was a new, nervous rider on a busy main road in a town I wasn't familiar with. I kept riding, keeping up with traffic, until I found somewhere easy to turn the bike around.

I did try to do a little research. I've clearly learnt I need to be much more thorough, and check out the companys directors through a google search. That would've stopped me going within 10 miles of the bloke.

As for the paperwork, that was clearly stupid and naive on my part. I've bought two cars from dealers in the past and theres been something on the receipt about no warranties given or implied due to age of the car. I can understand that, as they can't know of every little fault with the car, and it would be a little unfair if you tried to complain about a 15 year old car 3 months after buying it. But the bike was clearly dodgy, and he sold it anyway and tried to cover his back with terminology that is not allowed.

Like I said, live and learn.
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dragstaar
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PostPosted: 13:27 - 04 May 2014    Post subject: Re: Bought a lemon Reply with quote

iooi wrote:

To go to FOS (FCA now) costs the CC £750 win or lose.
So Let me take a stab in the dark and you got less that this.


Technically FOS is not a regulator, that was the FSA (which is now FCA, not FOS). FOS is a separate entity.


However, you are correct about the case fee being charged whether or not the complaint is upheld. However, the charges do vary. Some of the big firms pay a huuuuge lump sum up front rather than individual case fees. This is most common in the PPI complaints.

And as someone said, OP has got his money back from the credit card company, it is now up to them to shaft this vince guy.
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Jayy
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PostPosted: 13:36 - 04 May 2014    Post subject: Reply with quote

Well done Laughing

I got stung once from a dealer up in Newcastle who sent this nail of a bike via delivery that I had never seen, was totally fucked. Took a week of the same stuff but eventually got my £3k back.

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DieselASFC
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PostPosted: 16:47 - 04 May 2014    Post subject: Reply with quote

I'm not a business man. Does that mean he was going to dissolve the company, but changed his mind?

https://www.companieshouse.gov.uk/about/gbhtml/gp4.shtml

Edit; NVM, found it. I assume the strike off was discontinued because he's either been trading under a different name, or he got his annual return in.
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iooi
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PostPosted: 16:56 - 04 May 2014    Post subject: Reply with quote

Quote:
DISS40 just means the striking off has been stopped, and could just mean the accounts or annual return were received by Companies House.
OR
an objection can be made if there are court proceedings for example, against that company. The objection can be upheld (discontinued Strike Off) to prevent the company from manipulating it's assets in order to keep monies for debtors


Quote:
Capital: £1.00
on 7 Apr 2014
Laughing
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DieselASFC
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PostPosted: 17:11 - 04 May 2014    Post subject: Reply with quote

Surely he's got more capital than that though. I suppose he could be manipulating it for tax purposes though, certainly wouldn't put it past him. In fact, I would fully expect it.
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