LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Bike Shop - Reselling Electric Bicycle?

Discussion in 'Australian Consumer Law Forum' started by Margaret G, 17 November 2014.

  1. Margaret G

    Margaret G Member

    Joined:
    17 November 2014
    Messages:
    2
    Likes Received:
    1
    I purchased an Electric bicycle about 6years ago for $1500.00 from a small business here in Melbourne.
    I am 72 years of age and have 2 knee replacements, I thought it would be good exercise .
    Well I fell off after 2nd ride and lost my confidence . The bike has been ridden about 4 times.
    So I asked the place were I purchased it from if he could buy it from me, or try to sell it for me.
    He picked the bike up which was in excellent condition, no scratches, no marks as it had been stored in garage wrapped up. After 6 months, I rang to see what was happening and he said to drop it to $250 (I had asked for $500) I said "no". 6 months down the track again, I rang him (in all this time he never kept in touch) to bring the bike back. He said someone was making payments on it. I told him I did not agree to this and he should have contacted me before he made the decision.
    I still have not received any monies. Where do I stand under the Australian Consumer Law?
    Than you for any advice.
     
  2. DennisD

    DennisD Well-Known Member

    Joined:
    11 July 2014
    Messages:
    179
    Likes Received:
    57
    Can you clarify the timing of events please?

    You bought the bike six years ago (in 2008?) and some time later (not sure when) approached the vendor with your request that they purchase or try to resell the bike for you. The vendor was open to that suggestion.

    Six months later (not sure when) you called the vendor, and the bike had not yet sold. The vendor said to halve the price to 250, but you did not agree.

    Six months later (not sure when) you called the vendor to request the bike back, and the vendor told you someone was making payments on the bike at a price of 250.

    Get in touch with the vendor about how you will receive the 250. In practical terms you've had the bike for what 6 or 7 years and not used it more than five times, so why suddenly the desire to get your hands on it again. If it sat in his shop for one year, the market would pay 250 not 500, accept it and move on is my reckoning
     
  3. DennisD

    DennisD Well-Known Member

    Joined:
    11 July 2014
    Messages:
    179
    Likes Received:
    57
  4. Margaret G

    Margaret G Member

    Joined:
    17 November 2014
    Messages:
    2
    Likes Received:
    1
    I did ring Legal Aid and sorted the matter out.
    Amazing when you mention solicitors, they come good
    Just asked him to return the bike. I am now happy :)
     
    DennisD likes this.
  5. DennisD

    DennisD Well-Known Member

    Joined:
    11 July 2014
    Messages:
    179
    Likes Received:
    57
    Thanks for getting back to us Margaret, well done with your outcome!
     

Share This Page

Loading...