NSW Chain Snapped on Motorbike - How to Get Compensation Back?

chaz · 22 May 2018

I sold my motorbike to someone (secondhand sale), submitted notice of disposal and they had it registered, and within 24 hours, they damaged the bike (chain snapped) and claimed it to be my fault, even though they did a test ride on it before buying it. They returned the next morning with the bike on a trailer to my premises unannounced and demanded that I give their money back in exchange for the bike. I was against it, saying I was not at fault but eventually folded due to the pressure.

As far as I am aware, I was right to turn them down, but is there a case for me to get compensation back under Australian Consumer Law? The bike had further internal damage that wasn't disclosed, and the buyer's 'bike mechanic' friend misled me in saying only the chain and sprockets needed replacing, but after inspection by a licensed mechanic I hired I was told whole engine needs a rebuild ($2k-$3k cost).

Clancy · 23 May 2018

If somebody bullies you into a financial transaction, that's actually highly illegal, I hope you reported them to police?

Mind you, if it was me personally, I would not want these types lurking about looking for revenge if I did not refund them. It sounds cowardly, but my personal safety would be my priority, so I think you made the best choice.

I don't like your chances of getting compensation, because how would you prove conclusively that they did the damage?

chaz · 23 May 2018

There's CCTV cameras in the apartment parking lot, there would be footage of the guy taking the bike for a test ride in working condition, then them bringing it back in after being broken.

I'm looking at more than $2000 to fix this $3500 bike (usual 2nd hand value of around $4000), and I believe technically they mislead me as to the condition of the bike when they brought it back.

Clancy · 23 May 2018

chaz said:
There's CCTV cameras in the apartment parking lot, there would be footage of the guy taking the bike for a test ride in working condition, then them bringing it back in after being broken.

I'm looking at more than $2000 to fix this $3500 bike (usual 2nd hand value of around $4000), and I believe technically they mislead me as to the condition of the bike when they brought it back.

Are you able to get a copy of the CCTV footage? Try to get the footage and watch it before deciding what action you will take if any.

chaz · 23 May 2018

Clancy said:
Are you able to get a copy of the CCTV footage? Try to get the footage and watch it before deciding what action you will take if any.

I will try and contact building management to see if I can get it. In this case that I do, what options would I have?

Clancy · 23 May 2018

chaz said:
I will try and contact building management to see if I can get it. In this case that I do, what options would I have?

Without seeing the video, no one here can tell you your options?

So, I suppose your option is to watch the video and use your own common sense if you have something worth taking and showing to a lawyer? Or police?

Rod · 23 May 2018

Unless you have evidence of them damaging your bike you are likely to get anywhere.

Best thing would have been to refuse to take bike back and say sue me. Puts the onus on them to prove their case. As it stands now you need to prove they damaged your bike.

Adam1user · 23 May 2018

With what happened (as I read), you have no recourse, you should have not accepted the bike back. They took it for a day and you don't know what they have done to it, the other point of view, is that things die at certain time, so they maybe correct, they test rode it, that does not mean the chain will not break in the next 24 hours, so it is hard to determine the fault or the reason why it has happened. As it is hard to prove or know why it has happened, it would be advisable not to pursue this issue.
All I can recommend to you is use this a learning lesson (in the sale receipt/contract write "AS IS"), and sell it for parts, you may be better off selling it as parts than fixing it and selling it again (unless you want to ride it).

Clancy · 24 May 2018

Am i the only one who sees the serious element of undue influence, seemingly with a threat of violence to get him to pay the money back?

This is why i am saying watch the CCTV footage.... it may be apparent that undue influence can be reasonably supported by the footage?

The OP may not get his money back, but at least getting the police on to those thugs might slow them down from doing something similar to someone else.

Adam1user · 24 May 2018

Clancy said:
Am i the only one who sees the serious element of undue influence, seemingly with a threat of violence to get him to pay the money back?

This is why i am saying watch the CCTV footage.... it may be apparent that undue influence can be reasonably supported by the footage?

The OP may not get his money back, but at least getting the police on to those thugs might slow them down from doing something similar to someone else.

I read it and understood what that element is, do you think in your mind that these people will back up when police are involved? if they followed that approach already, what do you think will happen to the guy if the police are involved, they can send someone to say hi to him, and it will be hard to prove who sent him.

The best way is for this guy to resolve it with his safety first, not worth the couple grand! that is my point of view.

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NSW Chain Snapped on Motorbike - How to Get Compensation Back?

chaz

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Clancy

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chaz

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Clancy

Well-Known Member

chaz

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Clancy

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Rod

Lawyer

Adam1user

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Clancy

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Adam1user

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