penance
Arrogant Cock
LoL
paid by bank transfer unfortunatly.
Collective eh......
paid by bank transfer unfortunatly.
Collective eh......
AVI arrived
- Thread starter penance
- Start date
Lt Cdr Data
om
try something more on these lines...
Dear....
..upon reflection, whether you were aware of it or not, the amps are in fact 12 years old, not 4, and having taken thought about the situation, do not wish to keep them and will return them to you for a full refund of all monies.
Additionally, having tried them out, they are not working as they should....(symptoms...)
Sale of good act, 1979 says goods must be 'as described', this applies to secondhand good, too, and as such, you had a duty of care to ensure that the age was correct, and they were properly working.(maybe they were...you can't really prove this)
I trust you will respect my rights and agree to my wishes, which in the way they have come to light, you will understand my position and that I am disappointed...etc..
yours..
trouble is, its balancing that and he could get arsy if you push too much and you could lose all...he could withdraw totally, so you have to decide how far and hard you wish to push..do you really want to get a professional report that they are dmaged, and take to the small claims in the end...??
the choice is with you...maybe push for more, maybe take what you are offered..
Dear....
..upon reflection, whether you were aware of it or not, the amps are in fact 12 years old, not 4, and having taken thought about the situation, do not wish to keep them and will return them to you for a full refund of all monies.
Additionally, having tried them out, they are not working as they should....(symptoms...)
Sale of good act, 1979 says goods must be 'as described', this applies to secondhand good, too, and as such, you had a duty of care to ensure that the age was correct, and they were properly working.(maybe they were...you can't really prove this)
I trust you will respect my rights and agree to my wishes, which in the way they have come to light, you will understand my position and that I am disappointed...etc..
yours..
trouble is, its balancing that and he could get arsy if you push too much and you could lose all...he could withdraw totally, so you have to decide how far and hard you wish to push..do you really want to get a professional report that they are dmaged, and take to the small claims in the end...??
the choice is with you...maybe push for more, maybe take what you are offered..
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penance
Arrogant Cock
slightly changed and sent the mail
and i had a mail from the man at AVI telling me not to play them to loud with my speakers, and also there are is a pair of the latest type of S2000 in a shop for £650, best hope i get a quick resolution from the seller.
and i had a mail from the man at AVI telling me not to play them to loud with my speakers, and also there are is a pair of the latest type of S2000 in a shop for £650, best hope i get a quick resolution from the seller.
penance
Arrogant Cock
Thanks Data, to late now but ill certainly use that if the reply is not favourable.
The EBay ad doesn't mention age or serial no. Penance states he hit the 'Buy it Now' button before asking about age. I don't think there's been any actual mis-description.
I would major on the fact that they don't appear to work. Getting an independent person to confirm non-function would be a good idea.
Paul
I would major on the fact that they don't appear to work. Getting an independent person to confirm non-function would be a good idea.
Paul
penance
Arrogant Cock
his reply -
Looks like it aint going to be easy
Looks like it aint going to be easy
bottleneck
talks a load of rubbish
hummm
IT appears that £50 was yours to keep and so were the amps.. thats not as bad as I thought... I thought he meant he'll take them back off you for £50, which is clearly taking the piss..
Penance, why not ask him to foot the bill for repairing the units instead?
You could then keep them/sell them when they are in working order?
As someone said, the fact that they are faulty are your biggest concern...
Im not sure about claiming from Royal Mail. It seems a very strange fault to occur from damage in transit.
Perhaps the ideal solution is to get the fixed and serviced, get him to pay, and if he wants he can claim the cost of THAT back from royal mail... and if he's unsuccessful with his royal mail claim that would be his problem.
I think thats what I'd do at this stage.
Cheers!
good luck
Chris
IT appears that £50 was yours to keep and so were the amps.. thats not as bad as I thought... I thought he meant he'll take them back off you for £50, which is clearly taking the piss..
Penance, why not ask him to foot the bill for repairing the units instead?
You could then keep them/sell them when they are in working order?
As someone said, the fact that they are faulty are your biggest concern...
Im not sure about claiming from Royal Mail. It seems a very strange fault to occur from damage in transit.
Perhaps the ideal solution is to get the fixed and serviced, get him to pay, and if he wants he can claim the cost of THAT back from royal mail... and if he's unsuccessful with his royal mail claim that would be his problem.
I think thats what I'd do at this stage.
Cheers!
good luck
Chris
penance
Arrogant Cock
well in the mail i had from AVI yesterday they said that there are components in the older models that are no longer available. I may phone them later and see if they can diagnose the problem over the phone.
I had to stop useing them last night due to the noise getting worse.
I agree, seems an odd fault to happen in transit, no apparent damage to the box's at all
I had to stop useing them last night due to the noise getting worse.
I agree, seems an odd fault to happen in transit, no apparent damage to the box's at all
Lt Cdr Data
om
believe me...anything can happen, and anything will...could've been dropped a little, and loosened a few solder joints...maybe stressed a component...
tho I think royal mail has been quite good lately...esp if its special del.
problem is however its occured you could be lumbered with some amps that are damaged and not able to be fixed...
and not fit for anything...I suppose the post will foot the bill, but remember its their insurers, and they don't like paying out...its not that straightforward, so keep all the packing, and if its not original or quite adequate in some way the B*** will try and wriggle out of it...
it never is easy..nasty business and unpleasant...you have my commiserations...
tho I think royal mail has been quite good lately...esp if its special del.
problem is however its occured you could be lumbered with some amps that are damaged and not able to be fixed...
and not fit for anything...I suppose the post will foot the bill, but remember its their insurers, and they don't like paying out...its not that straightforward, so keep all the packing, and if its not original or quite adequate in some way the B*** will try and wriggle out of it...
it never is easy..nasty business and unpleasant...you have my commiserations...
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penance
Arrogant Cock
I cant see the mail paying out, there was absolutely no damage to the packageing.
Ill try and point this out and also the legal side of selling second hand goods.
Ill try and point this out and also the legal side of selling second hand goods.
- Joined
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I really feel for you. Things do seem to get damaged easily in the post - I sent an Exposure preamp a few weeks ago viz Special delivery and it arrived broken :-(
I think the thing is, there are two complaints here. The first is the non-working state of the amplifiers, if they've had £1000 of insurance when they were shipped then claim the cost of repair (remember it's the sender who has to do all of this as the contract was with him), and if they're beyond economic repair then get Royal Mail to cough up the full purchase price.
If they won't play ball and are claiming that the damage didn't occur in transit, then you've got to get your money back off the seller - in full in return for you giving him his amps back.
The second problem you've got is the mis-stated age of the amps. As you'd theoretically already commited to buy them by the point he told you this, I don't think you've got yourself covered under the law, though you may just about have a case if you found out between using eBay and actually paying him. As far as eBay are concerned there's nothing wrong here because he didn' put it in his description.
I think if you start giving him trouble over this now, then you'll only muck up the first problem and he'll clam up, leaving you with nothing. See if they're repairable, if they get repaired then try and get £50 out of his as well to cover their theoretically lower street value, if they can't be repaired get all your money back either from Royal Mail or from him. If you claim through RM then you'll need to get AVI to have a look at them with an eye to repairing them. If AVI say the damage wasn't caused in transit your seller doesn't have a leg to stand on - the manufacturer is directly disputing his claim, in which case it's an easy job to take him to the small claims court to get your money back.
Simon
I think the thing is, there are two complaints here. The first is the non-working state of the amplifiers, if they've had £1000 of insurance when they were shipped then claim the cost of repair (remember it's the sender who has to do all of this as the contract was with him), and if they're beyond economic repair then get Royal Mail to cough up the full purchase price.
If they won't play ball and are claiming that the damage didn't occur in transit, then you've got to get your money back off the seller - in full in return for you giving him his amps back.
The second problem you've got is the mis-stated age of the amps. As you'd theoretically already commited to buy them by the point he told you this, I don't think you've got yourself covered under the law, though you may just about have a case if you found out between using eBay and actually paying him. As far as eBay are concerned there's nothing wrong here because he didn' put it in his description.
I think if you start giving him trouble over this now, then you'll only muck up the first problem and he'll clam up, leaving you with nothing. See if they're repairable, if they get repaired then try and get £50 out of his as well to cover their theoretically lower street value, if they can't be repaired get all your money back either from Royal Mail or from him. If you claim through RM then you'll need to get AVI to have a look at them with an eye to repairing them. If AVI say the damage wasn't caused in transit your seller doesn't have a leg to stand on - the manufacturer is directly disputing his claim, in which case it's an easy job to take him to the small claims court to get your money back.
Simon
penance
Arrogant Cock
Just spoken to AVI, they informed me that these amp's are not repairable now due to unobtainable components
wadia-miester
Mighty Rearranger
Andy, Listen, do try Royal mail Parce farce claim, as Timpy had some speakers he sold all but destroyed, he paid the guy straight back, and royal mail paid him out took about 5 weeks though.
Bring them up, and I'll have a look, the bits AVI used may not be available, however I'm sure I've got some thing that will do the job at least as good, if not better, Tone
Bring them up, and I'll have a look, the bits AVI used may not be available, however I'm sure I've got some thing that will do the job at least as good, if not better, Tone
penance
Arrogant Cock
OK Tone,
I cant mail him yet as i left his addy at home.
Im hopeing he'll see the error of his ways and sort it out, possibly as you said, the way timpy did.
why arent you haveing a b-day pint and blowin candles out?
I cant mail him yet as i left his addy at home.
Im hopeing he'll see the error of his ways and sort it out, possibly as you said, the way timpy did.
why arent you haveing a b-day pint and blowin candles out?
wadia-miester
Mighty Rearranger
Fear not good sir, I will be later, A few frends & myself going out for a Quiet night 
T.
Andy, sometimes these things do look shite in the cold light of day, but try not to dwell on it, and try and deal in calm manner first, not commforting, but fair, he may yet yield and yee wrest control of thine foul strentches gold pieces
T.Andy, sometimes these things do look shite in the cold light of day, but try not to dwell on it, and try and deal in calm manner first, not commforting, but fair, he may yet yield and yee wrest control of thine foul strentches gold pieces
penance
Arrogant Cock
aye, im calming down a tad
if he is resonable then i think in light of the new info he may change his mind.
If not i may be up to Cheltland some point.
if he is resonable then i think in light of the new info he may change his mind.
If not i may be up to Cheltland some point.
penance
Arrogant Cock
well i just mailed him and told him about AVI phone convo, and that i feel it is his responsibility to refund me and seek recompense for himself after.
Hopefully i will get a favourable reply, else its off to WM towers
Hopefully i will get a favourable reply, else its off to WM towers
As the seller said the person who serviced the amps was recommended by AVI,why not call AVI to see who this person is,or contact the seller and get him to see who the man was,then contact him,ask what he did in the service were any parts changed what was touched,he did he mange to change parts if they were unavaliable,is he familiar with the symtoms your describing,was his service under a guarentee,would he be prepaired to look at them again.These are areas which could be looked into.I doudt you'll get your money back,as you should have asked theses questions before hand,and i doubt the post office will pay up,if it was damged(box) i guess they would expect you to point it out before siging of the goods.
Anyway good luck on sorting them out.
Anyway good luck on sorting them out.
penance
Arrogant Cock
Adam
I have already spoken to AVI, the company who serviced them no longer take AVI work. I have a copy of the service report, no parts changed as they are unavailable, just a soak test and bias reset. I shouldnt of needed to ask as he said they had been serviced and in good order. Also in his advert he states they can be used on 4ohm speakers, AVI told me they advise against this due to the dodgy output stages. AVI also remembered speaking to this guy and are sure they would of told him this, along with the age and related problems of this model. So it appears he may have knowingly lied about it. Though i may be wrong on that point.
AVI told me that from the symptoms i described the amps are deffinately faulty, so i feel i have a fair chance of refund as this is reason enough to take him to small claims court (Sales of goods act) If i dont recieve a favourable response from the seller by Monday i shall take steps to start legal procedings against him. For his own sake he should refund as he may well loose his credit rateing if it goes to court.
I have already spoken to AVI, the company who serviced them no longer take AVI work. I have a copy of the service report, no parts changed as they are unavailable, just a soak test and bias reset. I shouldnt of needed to ask as he said they had been serviced and in good order. Also in his advert he states they can be used on 4ohm speakers, AVI told me they advise against this due to the dodgy output stages. AVI also remembered speaking to this guy and are sure they would of told him this, along with the age and related problems of this model. So it appears he may have knowingly lied about it. Though i may be wrong on that point.
AVI told me that from the symptoms i described the amps are deffinately faulty, so i feel i have a fair chance of refund as this is reason enough to take him to small claims court (Sales of goods act) If i dont recieve a favourable response from the seller by Monday i shall take steps to start legal procedings against him. For his own sake he should refund as he may well loose his credit rateing if it goes to court.
