Sold a Motorbike Now Buyer Is Threatening to Take Me to VCAT

TIKS on 31/05/2015 - 18:10

Hi guys, I'll try to shorten this as much as possible….

I had a 2006 cr125 honda 2 stroke. It siezed like 2 strokes do sometimes so I had it rebuilt.

15 hours of riding later I decided to sell it so I could get a tamer motorbike as I'm getting on In age. Advertised as rebuilt top end 06 cr125 bla bla…

A family drove up to look at bike, loved it then the kid test rode it, it stopped running…. We checked and it had ran out of fuel. I put more fuel in. It it still wouldn't start, spark plug was always dry so we presumed blocked jet due to running out of fuel.

I gave the potential buyer 3 choices. 1: leave bike and go home and I'm sorry for the troubles. 2: leave bike and I will vet it repaired over next week or 2 and they can have first dibbs on it once fixed. Or 3: I had bike advertised at 3000 so I said they could take it as is for 2500.

They chose option 3 and I wrote a receipt stating "The current condition of the bike is not running after it ran out of fuel on a test ride".

They were happy and took it and that was it. A week later he has stated now the bike had in fact seized when it ran out of fuel and he wants me to pay him money. He gave me options of paying him 1300 as the bike vin translates to a 2004 model (I had no idea cause they use same parts etc for 06 and 04) so the 1300 is for his travel and payment to repair the bike.

Or

Buy the bike back off him for 2800 but I have to travel 200km to pick it up. The extra 300 is for his travel time.

If I don't take either option. He is taking me to vcat for a civil case.

Anyone know where I stand? His kid was riding it when it blew up? (Underage, not rwc or rego and on a sealed road) I had no idea it had blown up. But surely private sales have no warranties?

Thanks in advance to anyone who reads this.

Automotive

Comments

  • TIKS on 12/06/2015 - 10:54

    Yeah its a valid point.

    I can't help but think that he is actually reading all of this post due to timely responses from him and the way he has worded a few things. Not that it bothers me, as if he was reading this he would see he's a douchebag and 95% of people think he is being unreasonable. Your not him are you newozbargainermelb? lol

    • newozbargainermelb on 12/06/2015 - 11:08

      lol. hahaha (wasntme) :D. I just bought a Honda Accord 2009 a month ago not a motor bike :)

  • Scorpiogirl on 12/06/2015 - 11:36
    +3

    Firstly, welcome to the real world. I feel for you. I hear violins playing and get me the tissues. We have all had crappy things happen to us. Talking about the 15 yr old like you are responsible. Sound like a bunch of morons.

    If you hand any money over you are silly ( only nice word i can think of lol). You admit guilt that they have a point. You may hand money over and end up being pursued regardless. You don't owe them ANYTHING. Let them do what they want.

    I am afraid you will pay this and i am sorry it wont stop. So your'e not an honest and decent man you are told. Well you tried to settle it. A lot, like me, wouldn't have even bothered replying.

    When i read their response it reads that they made lots of silly mistakes. You tried offering money and you are right back to where you started. They want more. Please be careful, i hate to see people taken advantage of for having decent morals and values. If these people were serious, they wouldn't be dealing with you 1 on 1. My opinion anyway.

    • bobwokeup on 12/06/2015 - 12:44

      I didn't think of that, they could still pursue you in courts and go with the "he admitted guilt by paying me money" point of view.

      Doing anything with this guy other than dealing through the courts is risky, come to think of it. Just reply and say no sorry that was not my offer. Give him until Monday night to accept or reject your terms, then ignore any contact after that day (if he doesn't respond in time or rejects the offer).

  • Ughhh on 12/06/2015 - 13:04

    If op does end up paying, make sure to get a signature from him of the payment and that he will not follow it up in court or demand more in the future. Also do what banks and most companies say, "as a gesture of goodwill".

  • TIKS on 12/06/2015 - 14:33
    +6

    Ive replied that he is asking for $500 now with no apparent facts or reasoning's behind his request, I advised him that i'm not sure when his request becomes blackmail.

    I told him to ask his barrister about blackmail as it is an unjustified threat to make a gain, involving threats of legal proceedings and criminal prosecution.

    I re-offered my $300 to his son for the mistake on the bike, but told him that offer is valid until 5pm today. After which I will recommence negotiations only after VCAT proceedings have commenced and I have been formally notified.

    I said if I have heard nothing by 5pm I will consider this issue resolved and ask him to destroy all of my contact information and never contact me again.

    • bobwokeup on 12/06/2015 - 14:39
      +2

      Nice work I can tell you are getting pi$$ed off with this tool…Good work stand your ground!

      • TIKS on 12/06/2015 - 14:45
        +2

        Ya dead right, I am wondering how many other people have paid this guy money from him doing similar things to them. The blokes a bully.

        • ozhunter on 12/06/2015 - 14:56

          I am wondering how many other people have paid this guy money from him doing similar things to them

          I wonder too, and he may keep doing it, it seems to be working…

        • Scorpiogirl on 12/06/2015 - 15:06

          @ozhuyounter:
          You got that right. I tried to tell him. Some people have no shame and feel no guilt.

  • TIKS on 12/06/2015 - 16:14
    +2

    He replied that he will accept my $300 - BUT then he threw in his opinion of me and what a basically my kids shouldn't be proud of me and I am basically a rip off scammer. Pretty much said he will accept my $300 but dug the boots in.

    So I replied that I am now reconsidering my offer based on his comments and accusations and there was no need for his nastiness. Parts of me are thinking just tell the guy to go to hell, other parts of me are thinking I was prepared to pay $300 for my mistake - so pay it and move on.

    Then there is that part of me that think if this guy is so wealthy - maybe I now offer that same $300 to a charity that supports road accident victims - and state that it is a gesture of goodwill for not wearing a seatbelt one day.

    • montorola on 12/06/2015 - 16:22

      I've had enough just reading his replies!

      You were far more reasonable than you should have been in offering the $300 and he had the nerve to insult you?

      Seriously, tell him where to go and use that $300 to go dine in a fancy seafood restaurant, and send him pics haha

    • Banana on 12/06/2015 - 16:36
      +1

      I like the donating the $300 to some charity idea! If he is so rich that he could buy his 15-year-old a bike, why no donating money to other kids that have nothing to fill their belly tonight?

  • strangeloops66 on 12/06/2015 - 16:38
    +2

    I miss the inter alias :( Funny name for a kid too. Dad must love his Queensland beer.

  • TIKS on 12/06/2015 - 18:35
    +4

    And We are DONE!!!

    Wife just said pay the friggin $300 and move on!

    So I have paid him $300, and explained I do not care what someone like him thinks of me, the issue is now done and resolved and cease all contact with me immediately.

    The Karma train will smash this knob heads face one day - I can foresee it!

  • Scorpiogirl on 12/06/2015 - 19:41

    Hope we don't see a part 2 to this. Game playing i detest. You have more faith in human kind then i do. No way i would give anyone money if i felt i had done nothing wrong and one who insults you on top like a 5 year old.

  • Scorpiogirl on 12/06/2015 - 19:42

    Famous last words?…and we are done.

  • TIKS on 12/06/2015 - 19:46

    Trust me, if its not over now - its not necessary a legal approach I will be taking.

  • montorola on 12/06/2015 - 19:57

    Lol man, I'm still laughing at the "I have more money than I ever need" and then next minute "I will accept $500" LOL!

    No offense OP, but this has been quite an entertaining thread :D

  • TIKS on 12/06/2015 - 20:11
    +2

    ha ha yeah I agree! The whole thing is about gambling, I gambled and won many times, the final gamble was $300 vs a winning, but maybe lengthy VCAT hearing well then its time to give up. He initially expected $2800, then $1300, then $500 and in the end took $300, I see that as a win for me.

    • strangeloops66 on 12/06/2015 - 20:17
      +1

      Well done, moving on from this bottom feeder is for the best. I don't think he ever seriously expected anything, so he may view it as a win, too. Win, win. Doesn't always happen like that.

    • salem on 12/06/2015 - 20:59
      +1

      unfortunately it's probably a win for him too. buy a bike unworking, that stopped working when his kid was riding it. At that point it should have been you asking him for money for the repairs, and not selling the bike at all to him. Then he got a discount out of you because his kid broke it, and then gets even more out of you down the track by him being a grand douche :(
      oh well, let's hope it ends here and he doesn't get greedy and come back trying to scam even more out of you.

    • Mad Max on 13/06/2015 - 01:17
      +1

      I understand you wanting to get rid of this bully, but the fact is that he won and he will keep trying to bully everyone else that has the misfortune to deal with him. Why? Because it works and ultimately people give up…and he wins…
      I personally would have taken the opposite gamble. Not for the $300. For the principle…

      • Scorpiogirl on 13/06/2015 - 12:52

        Thank you. My point. If true than these people achieved their purpose. Still can't understand the logic.

        • TIKS on 14/06/2015 - 00:15
          +4

          Yeah but you all need to realize there is more than just me involved in this ordeal. My wife, and my kids want it gone also. They want to move on more than me! This is where the true value of $300 comes into play….. which in the scheme of things is absolutely fark all@!!!!

      • Ughhh on 14/06/2015 - 02:44

        Even if that guy loses in court, it doesn't mean he won't ever do this to anyone else, if this was his intention.

        • what on 14/06/2015 - 11:41

          Sorry this will be a little off the subject. But, I love your pug picture.

    • ankor on 13/06/2015 - 18:23

      Glad to see that's over with. yay

  • montorola on 12/06/2015 - 21:14
    +1

    At least OP can sleep in peace now knowing he went above and beyond to sort it out.

    Don't worry about the guy, he may have made a quick buck now, but karma will sort him out sooner or later.

    • Baysew on 13/06/2015 - 13:28
      +5

      Inter alia

    • McFly on 14/06/2015 - 15:58
      +7

      Facepalm.

    • TIKS on 14/06/2015 - 19:17
      +2

      R u serious?

      • Mad Max on 14/06/2015 - 21:15

        1)Give the buyer all his money back.
        2)Go and get the bike back from the buyer.
        3)Have the bike fixed
        4)Pay for the repairs
        5)Drive back to give the bike back to the buyer free of charge
        6)Stop on the way and buy a carton of beer to give to the buyer to apologise for the inconvenience
        7)Feel good because you are a really nice person and you want to be known as such…

        • Mad Max on 14/06/2015 - 21:18

          I forgot…
          Do you have anything else you want to sell? I may be interested… ;-)

    • strangeloops66 on 14/06/2015 - 19:29
      +1

      Sounds like dirt bike dad.

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