clairetoo
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| posted on 19/6/08 at 06:44 PM |
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Ebay problem
I bought a 4.1 diff off ebay last week , it arrived steam cleaned and seized solid...... I freed it off , fitted it and guess what - it whined !
Having a set of bearings `on the shelf` (as you do  ) I rebuilt it - and now its fine .
I e-mailed the seller (haven't done the feedback yet) and told him what I had had to do , and that I wasn't happy 
I just had a reply - and if I can send him a copy of the invoice for the bearings , he is happy to re-fund the cost 
Problem is , I bought the bearing kit off ebay for £30 a few years ago `just in case` , and dont have the invoice.......any suggestions ?
Its cuz I is blond , innit
Claire xx
Will weld for food......
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stevebubs
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| posted on 19/6/08 at 06:50 PM |
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Buy another spare set, get the invoice, return them...?
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Danozeman
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| posted on 19/6/08 at 06:56 PM |
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As Steve says.
or make up an invoice.
Dan
Built the purple peril!! Let the modifications begin!!
http://www.eastangliankitcars.co.uk
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big_wasa
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| posted on 19/6/08 at 06:58 PM |
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make an invoice, as any new bearings will be dated after your claim
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clairetoo
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| posted on 19/6/08 at 07:00 PM |
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Um.............how do I `make` an invoice ?
Its cuz I is blond , innit
Claire xx
Will weld for food......
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DIY Si
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| posted on 19/6/08 at 07:02 PM |
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Should be easy enough to knock up something official looking in Word. Any old heading should do it, then just add the relevant price, VAT and total
price columns and so on.
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Macbeast
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| posted on 19/6/08 at 07:13 PM |
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It sounds as if he's being reasonable. I would just explain why you don't have invoice. Honesty is best.
Offer to send him the old bearings 
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chris_smith
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| posted on 19/6/08 at 07:13 PM |
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have you got excel?
linky dinky
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Volvorsport
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| posted on 19/6/08 at 07:30 PM |
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get a motor factor (friendly one ) to give you a price for the bearings .
www.dbsmotorsport.co.uk
getting dirty under a bus
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Flamez
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| posted on 19/6/08 at 07:31 PM |
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ebay has rules: quote
WHAT IF THE GOODS OR SERVICES YOU RECEIVE ARE NOT UP TO SCRATCH?
Sale of Goods Legislation
The most important piece of legislation relating to the sale of goods through eBay.co.uk is the Sale of Goods Act 1979 (as amended).
The Act provides that wherever goods are bought they must “conform to contract”. This means that items sold through eBay by business sellers must
be:
of "satisfactory quality";
"as described"; and
"fit for purpose".
Therefore goods sold by business sellers must not be inherently faulty at the time of sale, must match any description given to them and, allowing for
factors like price, they must be fit for their purpose, defect free, safe and durable.
Where the seller is a private individual, the goods must be “as described”. The goods are not legally required to be of “satisfactory quality” or “fit
for purpose”.
The Sale of Goods Act applies to both new and used items. It's worth bearing in mind that second-hand goods are likely to be judged less
rigorously new goods. For example, it's not reasonable to expect that used goods will be of the same quality as new goods. In any event, sellers
of second hand goods remain under an obligation to ensure that the goods are as described.
When a business seller is selling an item to a consumer, any loss and damage to the goods that occur in transit are at the seller’s risk. Therefore,
in these cases, a buyer should not have to pay for postal insurance.
For information on Sale of Goods legislation, we recommend that you read the brief description and facts sheet produced by BERR:
Supply of Services Legislation
Consumers are also protected in relation to their purchase of services. The most important law covering the supply of services is the Supply of Goods
and Services Act 1982.
When it comes to the supply of services, tradesmen and professionals are required to carry out that service with reasonable care and skill and within
a reasonable time. Similarly, any goods and materials supplied must be of satisfactory quality and at a reasonable cost.
For information on Supply of Services legislation, we recommend that you read the brief description and facts sheet produced by BERR:
Consumer Protection Act
The Consumer Protection Act 1987 gives people gives people the right to sue the producer, importer or own-brander of a defective product for damages
in respect of death, injury, or damage to property caused by the product. The seller of the product will also be liable if they fail to identify the
producer when asked to do so by the person suffering damage.
BERR has produced a helpful list of answers to Frequently Asked Questions, which explains the impact of this piece of legislation.
Trading Standards maintains a list of products recalled due to safety issues, which you can access by clicking here:
Trade Descriptions Act
The Trade Descriptions Act 1968 is a very important criminal consumer law. This makes it a criminal offence for a business or a tradesman to falsely
describe goods on sale. It also makes it a criminal offence to falsely and recklessly describe services on offer. These offences may apply to
descriptions of goods or services made in an eBay listing. We recommend that you read the summary and guidance produced by BERR.
In April 2008, the Trade Descriptions Act will be replaced by the Consumer Protection from Unfair Trading Regulations 2007.
The Consumer Protection from Unfair Trading Regulations 2007
The Consumer Protection from Unfair Trading Regulations 2007 implements the EU’s Unfair Commercial Practices Directive and introduces a general
prohibition on businesses not to treat consumers unfairly and obliges businesses not to use:
aggressive practices (such as pressure selling); nor
misleading practices (includes both acts and omissions).
One of the key tests in the directive is whether the commercial practice in question materially distorts the consumer’s economic behaviour (e.g. was
the consumer persuaded to make a purchase they would not otherwise have made because of the commercial practice?). These rules apply to business
sellers who list goods or services on eBay.co.uk.
A breach of the Consumer Protection from Unfair Trading Regulations 2007, in most cases, a criminal offence.
For more information on the Unfair Commercial Practices Directive, please look here.
From this I guess the seller was private and the goods should be as described, ie work but perhaps not as efficiently or effectively as new. But
seized would fall outside that. If I was the seller [who may not have known that the item was seized] i would out of goodwill would pay for the
bearings and think myself lucky that I wasn't reported to ebay.
If the seller was a busines you,ve got him.
Hope this helps.
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smart51
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| posted on 19/6/08 at 07:35 PM |
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You wanted a working diff and you now have one. It took a bit of work on your part but eventually, you have what you wanted. You could be nice to
him.
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clairetoo
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| posted on 19/6/08 at 07:48 PM |
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quote:
Originally posted by Volvorsport
get a motor factor (friendly one ) to give you a price for the bearings .
This seems to be the easiest option - I dont have `exel` , or any idea of how to create an official looking receipt .
I think the seller is being reasonable , just being careful as there seem to be a lot of dishonest people on ebay these days 
Its cuz I is blond , innit
Claire xx
Will weld for food......
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Hellfire
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| posted on 19/6/08 at 08:10 PM |
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I tend to agree with Smart51. The time to let the seller know you were unhappy, was when you first realised the diff was siezed, not after you'd
repaired it. Now you leave the seller very little choice, cos it's not like you're going to return the diff to him after you've
repaired it.
Seeing as he's being so reasonable and you're happy with your purchase, why not reciprocate and just let the matter go? It's not
like you had to buy the bearings specifically.
Just my 2p worth.........
Phil
[Edited on 19-6-08 by Hellfire]
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blakep82
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| posted on 19/6/08 at 08:16 PM |
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after all you bought it for the diff, not the bearings... the bearing were just an extra as far as i'm concerned.
i bought an axle casing, it came with a diff, i'm quite happy the bearing will need to be replaced anyway.
hmmm... i'd let it go. at least he knows a diff is not supposed to be steam cleaned now.
________________________
IVA manual link http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1081997083
don't write OT on a new thread title, you're creating the topic, everything you write is very much ON topic!
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D Beddows
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| posted on 19/6/08 at 08:17 PM |
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Not sure I get this....... was it an auction or a buy it now just out of interest? and in either case was it advertised as guaranteed to be in perfect
working order? if not I think the seller is acting well above and beyond the call of duty tbh and I don't see why you think there's a
problem!!
If it was sold as being in perfect working order and you paid £125ish for it then I see your point however
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clairetoo
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| posted on 19/6/08 at 08:33 PM |
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It was an auction type listing , and listed as being in good condition - I thought I was very lucky to get it for £72 (+£20 postage) as these normally
go for £125+ .
I was a little worried when the seller emailed to say it had been steam cleaned for posting , but the pitting on the bearings was far too severe for
it to have happened in the post , leading me to the conclusion that it was knackered long before I bid on it
I rebuilt it as I really need a 4.1 (or even a 4.4 if I can find one....) , I'm mainly unhappy about being sold a `dud` as a good un
I'll have a think about weather to push for a bit of a refund over a few drinks at Newark over the weekend 
Its cuz I is blond , innit
Claire xx
Will weld for food......
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JoelP
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| posted on 19/6/08 at 08:43 PM |
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the fact is the diff only works because the OP was able to fix it. Very shady selling a duff diff, though since he seems reasonable now he may have
not realised it was buggered.
If i believed he didnt know id let it go.
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Hellfire
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| posted on 19/6/08 at 08:56 PM |
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Surely though, the time to let the seller know he's sold faulty goods is when you discover the fault, not after you've repaired it. That
would at least have given him the opportunity to ask for the faulty goods to be returned. From the sellers perspective, how does he know you're
telling the truth and not just trying to pull a fast one?
Phil
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clairetoo
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| posted on 19/6/08 at 09:47 PM |
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quote:
Originally posted by Hellfire
From the sellers perspective, how does he know you're telling the truth and not just trying to pull a fast one?
Phil
I think the offer of paying for the new bearings gives a bit of a clue ?
Its cuz I is blond , innit
Claire xx
Will weld for food......
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jeffw
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| posted on 20/6/08 at 05:18 AM |
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The diff has cost you £102 rather than £72. Still cheaper than £125.
I'd let it go as it's not worth the hassle.
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Hellfire
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| posted on 20/6/08 at 11:50 AM |
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quote:
Originally posted by clairetoo
quote:
Originally posted by Hellfire
From the sellers perspective, how does he know you're telling the truth and not just trying to pull a fast one?
Phil
I think the offer of paying for the new bearings gives a bit of a clue ?
Not necessarily. Maybe he's just a reasonable guy who doesn't want the possible negative feedback.
An unscrupulous seller would probably ask you to remove the bearings you'd fitted and return the diff in the same condition you'd received
it, knowing that he could probably get nearer £125 for it.
Still, it's your decision.............
Phil
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