My rights...

General scooter chat, any scooter related non technical info.
Timbo
registered user
Posts: 1276
Joined: Tue Mar 03, 2009 2:46 pm
Main scooter: SX200 and GP230 RT
Location: Luton area.....
Contact:

I bought a second hand unused carbon fibre horncast on Facebook via PayPal . It was described in a messenger conversation as being mint. Some of the screw holes are completely out of sync and it was impossible to fix the horncast to leg shields and then fit horngrill.I tried an Ali and black plastic. The seller, a scooterist, told me he had dry fitted it. He reluctantly agreed to reimburse me and I sent the horncast back. All this is recorded in messenger and I have saved this conversation. Plus have numerous photographs. Over a week has gone by and he's not refunded my money or responding to messages. I have not threatened or said I would name and shame......yet :evil: ......so can I start a complaint via PayPal? Any other advice. Tim

Would Scootering Mag like to do a front page article.... :lol:
bristolmod
registered user
Posts: 1741
Joined: Wed Jan 07, 2009 8:42 am
Main scooter: Lambretta TV175 S3- what else!
Location: Bali-Hai bar, Locarno Ballroom Bristol, 1967!- mines a Brown Split!!
Contact:

I don't think Paypal can help Tim- its just a transaction method. And it wasn't via Ebay so no protection there. Suggest a formal letter requesting reimbursement within 7 days or send Ronnie and Reggie round...............
Scootering since 1968.
GeorgeS
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Posts: 254
Joined: Fri Feb 27, 2015 1:58 pm
Main scooter: 1961 Series II Granturismo 240
Contact:

I think if you use Friends and Family option in PayPal you have no recourse, it's only available on Goods and Services.

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chippy
registered user
Posts: 263
Joined: Thu Feb 05, 2009 8:19 pm
Location: YORKSHIRE
Contact:

Surely you have some comeback as it's not fit for purpose. Say you will take it to small claims court, that usually quickens payment up.
compass
registered user
Posts: 37
Joined: Sun Mar 29, 2009 7:02 pm
Contact:

If all else fails...use this template ...best way to handle small claims

[Your address]
[Supplier's address]
Dear
Reference: [a single sentence summing up your claim]
As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.
[Provide a summary of the facts of the dispute]
From you I am claiming [state what you want from the party you are claiming from]
I have calculated this sum [state how you have calculated the amount being claimed]
Listed below are the documents on which I intend to rely in my claim against you:
  • In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:
    • I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.
      I would invite you to put forward any proposals in this regard.
      [Alternatively you can set out details of any ADR scheme that you are prepared to use]
      In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.
      I look forward to hearing from you within the next 28 days.
      Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.
      Yours faithfully,

      If he does not respond , then the the choice is yours to take further through small claims (cost is apprx £30, however you claim that as well)

      Above is the letter that is needed to show that you have done everything possible to reclaim your money. Dont forget recorded delivery, can be claimed back later.

      Bit of work doing the above, but more often than not it looks like you know what you are doing ;)

      Good luck and let us all know how you get on, if no success , it will have to be Ronnie & Reggie :D
bristolmod
registered user
Posts: 1741
Joined: Wed Jan 07, 2009 8:42 am
Main scooter: Lambretta TV175 S3- what else!
Location: Bali-Hai bar, Locarno Ballroom Bristol, 1967!- mines a Brown Split!!
Contact:

alternatively if the guy is reasonably local, I can send round Mrs Bristolmod.......she sure scares the s**t out of me.

Chris
Scootering since 1968.
mick1
registered user
Posts: 1292
Joined: Sun Dec 04, 2011 7:43 pm
Main scooter: Li Avanti 225
Location: York
Contact:

Although PayPal was used did the money come from a debit/credit card ? If was paid via Visa or MasterCard you have 28 days in which to claim your money back through them.........
Timbo
registered user
Posts: 1276
Joined: Tue Mar 03, 2009 2:46 pm
Main scooter: SX200 and GP230 RT
Location: Luton area.....
Contact:

Thanks for the replies guys and the letter. Mrs Bristolmod is on her way there as we speak... :lol:
fluff34567
registered user
Posts: 388
Joined: Tue Dec 20, 2016 2:27 pm
Location: Switzerland
Contact:

Had a similar issue with a known lambretta dealer. . PayPal useless so refund via my credit card as dealer decided to ignore all communication.
User avatar
coaster
registered user
Posts: 3125
Joined: Wed Jan 07, 2009 12:35 pm
Location: London and Norfolk
Contact:

I paid for a used front rack for my son's PX which I saw on FB, scabby fecker took my money (he'd asked for paypal gift :roll: ). Never received the rack and he disappeared off FB. That is the only bad experience I've had buying from FB adds though tbh.
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