Re: [CR] damaged Bates received in the mail from the UK

(Example: History)

From: "Bruce C. Kwasha" <kwashabc@merakcorp.com>
To: "'Peter Naiman'" <hetchinspete1@yahoo.com>, "'pbbikes'" <pbbikes@gmail.com>, "'classic'" <classicrendezvous@bikelist.org>, "'Marc St. Martin'" <marc.stmartin@earthlink.net>
References: <9061756.1298747581098.JavaMail.root@wamui-hunyo.atl.sa.earthlink.net> <245575.96232.qm@web111721.mail.gq1.yahoo.com>
In-Reply-To: <245575.96232.qm@web111721.mail.gq1.yahoo.com>
Date: Sat, 26 Feb 2011 14:07:22 -0800
Thread-Index: AQMNLu95lg21ZeukwKrEzwrOrH5r6JGRnkZw
Subject: Re: [CR] damaged Bates received in the mail from the UK


Barry,

I've had a few instances where I have had to file a "significantly different than described" complaint. The system works well and usually errs in favor of the buyer, however, it is only available if you have paid through PayPal. Furthermore, you essentially are disputing the veracity of the sellers description, i.e. if he makes no statement regarding the condition of an item, you have nothing to dispute. So, if you have made an assumption regarding the condition of an item, and your expectations are not met, you are out of luck. If you asked a question regarding condition and the seller responds, then the item is expected to meet the original auction description and his response to your questions.

I believe that, if they find in your favor, the sellers account is frozen, essentially forcing him to accept the decision. If you win the dispute, you will be required to return the item to him before receiving a refund.

Hope it all works out!

Best regards,

Bruce

Bruce Kwasha Atlanta, Georgia USA

PS - I just read my message before sending it off, and I realized that you may have a case even if the seller makes no statement regarding condition if the item's condition is specified as Used, i.e. "An item that has been used previously. The item may have some signs of cosmetic wear, but is fully operational and functions as intended. This item may be a floor model or store return that has been used. See the seller’s listing for full details and description of any imperfections."

-----Original Message----- From: classicrendezvous-bounces+bikestuff=merakcorp.com@bikelist.org [mailto:classicrendezvous-bounces+bikestuff=merakcorp.com@bikelist.org] On Behalf Of Peter Naiman Sent: Saturday, February 26, 2011 11:44 AM To: pbbikes; classic; Marc St. Martin Subject: Re: [CR] damaged Bates received in the mail from the UK

Barry,

Did you purchase this through eBay or privately. If through eBay you might file a complaint, although I'm not sure how really good eBays buyer protection plan is, but it's worth a try.

Regards, Peter ~~~~~

Peter Naiman Alias Hetchinspete Owner: Cream City Online. Registered Ebay Sales Broker/ Trading Assistant Glendale, WI USA 53217-5034


--- On Sat, 2/26/11, Marc St. Martin wrote:


From: Marc St. Martin <marc.stmartin@earthlink.net> Subject: Re: [CR] damaged Bates received in the mail from the UK To: "pbbikes" <pbbikes@gmail.com>, "classic" <classicrendezvous@bikelist.org> Date: Saturday, February 26, 2011, 1:13 PM

Barry,

In 2004, I purchased a Bates Vergrandis from a seller in the UK who represented the frameset as only having "surface rust." Well, when I took it to my frame painter, he stripped it and confirmed that the seat stays (yeah, those pencil-thin ones) were pretty much Swiss cheese with rust. It's still in his shop and has become a wall decoration ;^) I don't remember how much I was into it, but with shipping it was a good amount. Well, there are lots of neat bikes out there and I have since moved on!

Marc St. Martin Livermore, California USA

-----Original Message-----

>From: pbbikes <pbbikes@gmail.com>

>Sent: Feb 26, 2011 10:50 AM

>To: classic <classicrendezvous@bikelist.org>

>Subject: [CR] damaged Bates received in the mail from the UK

>

>Hey Guys.  I just bought an early Bates BAR froma seller in the UK.  i had
a

>friend ship the bike to me.  The finish is rough, what I expected ad it was

>going to be my commuter.

>

>As i was going over the bike i noticed a sort of hole/crack near the bottom

>of the right seatstay.  barsically one of the fender mounting studs had
been

>ripped off leaving an indent, that looks like  asemicircle crack/dent

>

>The stays on these bikes are pencil thin.

>

>im over 200 pounds and will be riding on a dirt road with bags and racks

>

>the seller admitted to knowing about it but didnt think it was a big deal
in

>mentioning it.

>

>Were being cordial at thois point but he wants me to go through all kinds
of

>pics and having pros look at it and all that,.

>

>i paid alot for the bike -not cheap at all- so i expected a turn key

>operation.

>

>Any one know about having these Bates seat stays repaired. findinga proper

>fender brazeon is a bear im sure .

>

>In this position im gonna get screwed either way.  I have to have it

>repaired which sucks time wise nd no garuntee i'l get money for it.  Its

>chrome so gonna look like butt.

>

>The other option is to send it back which i'll eat $100 on shipping im
sure,

>the seller pointed out t me that he used the money on a new apartment-not

>really my concern but sounds like he doesnt want to retur my loot.

>

>bog deal like i saidim on the north side of $1000 for this F & F

>

>Anybody have some suggestions or similar experiences.

>

>ciao Barry Scott

>mount shasta ca usa