I received this as a personal message.

 

Could I ask you some advice please.

I sold an electric bike on facebook at Christmas second hand, I had replaced the control panel and crank twice after fitting it the wrong way round (mistakes happen).

I'm disabled with sensory neuropathy so often make the odd mistake, we're all human!

 

The buyer just phoned me wanting his money back, stating the battery is starting to smell and the crank is clicking.

Batteries only smell from either overcharging or shorted out in my opinion.

Crank just wants tightening up.

He's had it 4 months but says he's only used it three times (suspect).

When he collected it after I turned the crank around, he rode it home which is over 12 miles.

He's demanding his money back or he will bad mouth me on facebook, I've refused, it was a private sale, sold as seen.

My advice is I am not a lawyer, so I cannot give accurate advice.

However, in my experience you sold something four months ago, sold as seen.

It is a private sale and there is absolutely no comeback on you.

The Buyer has had four months to test. A week would have been adequate.

What ever is wrong is nothing to do with you now.

Threatening behaviour is potentially something for the police to consider.

 

D8ve

Disability or Dyslexic has no consequence to this question.

I drop stuff all the time, as I have no sensory feelings in my hands or fingers, you just drop the odd word here or there...

 

As for the question.

I have informed the police and they have instructed me to ring them the minute he turns up outside my home, as I have cctv watching my driveway and vehicle.

Six9

 

I didn't want to name you.

Lets see if everyone agrees. but happy the police are backing you on this.

the police will attend to prevent a breach of the peace or to deal with any CRIMINAL offence that is disclosed. They will NOT get involved with civil litigation regarding the business transaction you have described. The seller needs to seek advice either from a solicitor or perhaps trading standards IF the buyer seeks compensation or money back via the official channels..

 

Hope that makes sense.?

Sense to me Stumpy.

I was referring to the threats

Aren,tt all second hand private sales buyer beware ??

You sold item in good faith. Wether he comes back after a week, 4 months or a year its too late.

 

Just ignore him.

 

I once sold a windsurf board, bloke brought it back saying it was cracked. I foolishly took board back. Turned out board had been run over by a rescue boat ! Folk will say anything to get money back.

I refurbished our kitchen years ago and advertised a 5 year old gas boiler with freeads...''spares or repairs '' etc... Sold for cash with receipt stating ''spares or repairs, not tested and no warranty provided'' , Nearly 12 months later the buyer phoned me up to say the boiler had packed up and he had a plumber test it who said it was dangerous. Tried to take me to county court, I attended, he failed to turn up so the judge found in my favour and awarded me a cash figure against the buyer for wasting the courts time !! RESULT !!

Cookin on gas!

Four months? I wouldn't even bother replying to someone after a much shorter period.

 

As mentioned, threatening behaviour is something I'd report to the police for the CR number. Then I'd report to farcebook.

 

Ignore their messages.

Update.

Today whilst out delivering a fixed ebike in Lockerbie, I had another demanding message left on my house phone, after listening I re called 101 and logged another complaint.

I was advised to call 999 if he turned up causing a nuisance, at 3:15pm he banged on my door demanding his money back, I was told by the police not to open the door to him, so I shouted no refund from me period.

He kept banging my door, shouting you have to come out sometime and I'll be here waiting.

Police were called and he was sent away with a severe warning, stay away and stop harassing me.

Update.

Today whilst out delivering a fixed ebike in Lockerbie, I had another demanding message left on my house phone, after listening I re called 101 and logged another complaint.

I was advised to call 999 if he turned up causing a nuisance, at 3:15pm he banged on my door demanding his money back, I was told by the police not to open the door to him, so I shouted no refund from me period.

He kept banging my door, shouting you have to come out sometime and I'll be here waiting.

Police were called and he was sent away with a severe warning, stay away and stop harassing me.

poor response from the police. He should been dealt with positively as a potential offence has been committed under the Prevention From Harassment Act 1997 or Conduct Likely to cause a breach of the peace....

http://www.ebay.co.uk/itm/like/151659332017?limghlpsr=true&hlpv=2&ops=true&viphx=1&hlpht=true&lpid=122&chn=ps&googleloc=9045572&poi=&campaignid=207297426&device=c&adgroupid=13585920426&rlsatarget=pla-131843267826&adtype=pla&crdt=0&ff3=1&ff11=ICEP3.0.0-L&ff12=67&ff13=80&ff14=122&ff19=0

 

http://www.ebay.co.uk/itm/RAZOR-WIRE-10M-65M-GALVANISED-BARBED-STEEL-SECURITY-FENCE-FARM-COILED-CONCERTINA-/321990995423

 

poor response from the police. He should been dealt with positively as a potential offence has been committed under the Prevention From Harassment Act 1997 or Conduct Likely to cause a breach of the peace....

 

He got all that Stumpy, just kept the information simple

was he issued with a Harrasment advice / Warning notice ?

 

If his actions continue and his actions cause you to suffer'' harassment , alarm and/or distress'' ( THATS any ACTION / BEHAVIOUR then re-contact the police...He MAY be liable to arrest / and or/ prosecution

 

just kick his head in lol he soon bugger off you whip out a bb bat

Good response from the police, they turned out and did something.

 

Regrettably, sometimes they do neither.

 

I suspect this clown was given a Police Information Notice.

 

http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN06411

was he issued with a Harrasment advice / Warning notice ?

 

If his actions continue and his actions cause you to suffer'' harassment , alarm and/or distress'' ( THATS any ACTION / BEHAVIOUR then re-contact the police...He MAY be liable to arrest / and or/ prosecution

 

Yes! He was also warned that he was liable to arrest if he posted any slanderous offensive comments on any Facebook page or group.

That falls within '' ANY BEHAVIOUR'' likely to cause harassment, alarm and/or distress.....

 

Hope it sorts him out

What is wrong with people ,

I hope he buggers off now and gets a life and lets you get on with yours .

What is wrong with people ,

I hope he buggers off now and gets a life and lets you get on with yours .

Cheers Paul20v

Just a word of warning... you've also said:

 

Update.

Today whilst out delivering a fixed ebike in Lockerbie,

 

and

comments on any Facebook page or group.

 

this makes is sound like you might be selling multiple eBikes, and have a facebook page / group for the selling of eBikes.

 

If so it could be viewed by a small claims court that you are in fact running a business. It doesn't have to be profitable or even that busy to be counted as a business.... it might just be that you've not registered it. So if your customer might have made the assumption he was buying from a business he could expect the service and cover that he'd get normally.

 

Perhaps you can share the facebook page or an example of the way you sell your bikes?

I understand totally, I've only done three bikes in 6 months, it takes me ages to fix anything due to my sensory disability.

I understand totally, I've only done three bikes in 6 months, it takes me ages to fix anything due to my sensory disability.

My apologies correction only sold two! Third one is still here on sale on eBay and faceflop.

This is my advert screenshot

+1 with KTM....Beware that if you are running a business operation , no matter how small or whether or not you are making a profit , you MAY be subject to the same legislation / consumer protection that befits a large operation like KTM's ......I would seek legal advice from a professional before continuing with your operation......

It may also be worthwhile contacting HMRC and any other organisation that you receive an income from ( Benefits Agency / pension scheme etc ) as it may also effect your tax status.

Yes, I'm afraid it looks like you're running a business.

 

So this customer is protected, and could well be entitled to a refund.