reb78 Posted June 20, 2016 Share Posted June 20, 2016 I bought this from this seller: http://www.ebay.co.uk/itm/351665688296 Fitted it yesterday and it failed within the first mile. Fitting was as per the workshop manual torque settings, new stake nut etc. I sent the seller this message: I bought this hub from you back at the end of February. I finally fitted it yesterday according to the workshop manual - and most importantly following the correct torque settings etc. It has failed on the test run - after less than a mile, it started squealing and throwing up fault codes. Upon inspection, there is now a large amount of play in the bearing.Where do we stand with a refund for this? As it is a genuine Land Rover part, presumably there is a warranty on it? and got this reply: Hi thereI not a Land Rover dealer so I won't Be able to give any warranty also was the item fitted by a qualified mechanic has the item may have been damaged when fitted. Do I have any comeback? Its 3.5 months since i bought it, but the guy advertises as a car spares place, so what can i do, if anything? Quote Link to comment Share on other sites More sharing options...
Snagger Posted June 20, 2016 Share Posted June 20, 2016 If it's a UK business, then under the Sale of Goods Act he has to replace the part or refund your purchase (and perhaps shipping costs, but not sure about the latter). Quote Link to comment Share on other sites More sharing options...
reb78 Posted June 20, 2016 Author Share Posted June 20, 2016 He appears to be a business as is registered with ebay as a business seller so i presume this still applies? Do they have any standing about the qualified mechanic question? I fitted it, i am not a qualified mechanic, but am quite capable of doing this job like many on here. The old hub is refitted and is working fine (albeit with the same play it had before changing it). Quote Link to comment Share on other sites More sharing options...
task Posted June 20, 2016 Share Posted June 20, 2016 It obviously wasn't fit for purpose. Can you still open a case via ebay after this time? If not it might be worth contacting their customer care department. How did you pay? Quote Link to comment Share on other sites More sharing options...
reb78 Posted June 20, 2016 Author Share Posted June 20, 2016 It obviously wasn't fit for purpose. Can you still open a case via ebay after this time? If not it might be worth contacting their customer care department. How did you pay? I don't know if i can open a case after this time. I will look into it. I paid by paypal, but again, I'm not sure if the length of time is too long for them to take it up? I posted up in the discovery section about the fitting, but is there anything i could have done to screw it up? Hub was bolted to the axle with the four bolts, new stake nut to 490nm (bought a norbar torque wrench specially for this job!), then i replaced the brakes whilst i was in there. So i was dissapointed with the result! Quote Link to comment Share on other sites More sharing options...
David Sparkes Posted June 20, 2016 Share Posted June 20, 2016 Instinct, without looking the detail specifically, is to try Sale of Goods act rather than anything eBay / Paypal can offer. If necessary it might be a case of initiating the Small Claims Court procedure. The first place I'd look would be the Honest John pages on Consumer Rights. Regards. Quote Link to comment Share on other sites More sharing options...
landroversforever Posted June 20, 2016 Share Posted June 20, 2016 Would the distance selling regulations come into it as well? The other way I'd look at is that I'd expect the bearing to last from the time it has been bought (and fitted right away). The whole 'qualified mechanic' bit I think is just scaremongering and that most people would then give up. Someone tried playing that card on me regarding an injector fault in the Peugeot and wouldn't accept blame for supplying the wrong part. They screwed themselves over as they've missed out on several thousand pounds of my business (Cage, tyres etc would all have come through them for convenience). Quite how someone could pull the 'not qualified' card is beyond me.... I work on stuff worth FAR more than most if not all, vehicles!! Quote Link to comment Share on other sites More sharing options...
Davo Posted June 20, 2016 Share Posted June 20, 2016 I've had some good luck with eBay and Paypal claims, and if I remember correctly they each have different systems and rules, so one of them worked out for me when the other didn't. (I think Paypal has a much longer time for you to make a claim - it's been a while since I've had to do it.) Is there something next to the item in your eBay "bought" list that you click which says something like "return this item", or similar? Quote Link to comment Share on other sites More sharing options...
Bowie69 Posted June 20, 2016 Share Posted June 20, 2016 Distance selling only lasts for 14 days IIRC. So yes, small claims if paypal won't budge (I think it is also out of timeframe). Quote Link to comment Share on other sites More sharing options...
simonr Posted June 20, 2016 Share Posted June 20, 2016 Other than his say-so, are you sure it's genuine? It falls under the Consumer Contracts Regulations which replaced Distance Selling in 2014. http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations It makes no difference whether you or someone 'qualified' fitted it. You can cancel a sales contract within 14 days for whatever reason you like - and they cannot refuse. However, you have 30 days to refuse goods. Faulty goods come under the Consumer Rights Act 2015 http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act It's all covered in the two links. Si Quote Link to comment Share on other sites More sharing options...
reb78 Posted June 20, 2016 Author Share Posted June 20, 2016 So given i have had this since end of Feb, start of March, but only just fitted it and found it to be faulty, can i still claim for money back? It says this on the Which guide The only exception to this rule is motor vehicles where a reasonable reduction may be made for the use you've already had of the vehicle after the first 30 days. but i think this refers to cars (i.e. a vehicle bought as a whole) as opposed to car parts? Quote Link to comment Share on other sites More sharing options...
Bowie69 Posted June 20, 2016 Share Posted June 20, 2016 Yes, you can still claim your money. And yes, the second para is relating to vehicles, not parts. Quote Link to comment Share on other sites More sharing options...
reb78 Posted June 20, 2016 Author Share Posted June 20, 2016 Thanks. I have sent a message quoting the legislation and requesting a full refund. I will keep you updated as to the reply. (Si - in answer to your earlier question - it certainly looked genuine - definitely Timken bearings). Quote Link to comment Share on other sites More sharing options...
western Posted June 20, 2016 Share Posted June 20, 2016 I think it would be worth informing Ebay & Paypal as well. they might be able to assist. Quote Link to comment Share on other sites More sharing options...
reb78 Posted June 20, 2016 Author Share Posted June 20, 2016 I think i will do that depending on his response Ralph. Out of interest, where do we report this to ebay? I can find bits for info on returning items and such like, but that covers things like how do i print my postage sticker etc? Quote Link to comment Share on other sites More sharing options...
western Posted June 20, 2016 Share Posted June 20, 2016 on ebay in the 'my account' page use the 'resolution centre' link to raise a query Quote Link to comment Share on other sites More sharing options...
Cynic-al Posted June 20, 2016 Share Posted June 20, 2016 Ebay is so slanted towards the buyer I would recommend just going through them, they are thr judge jury and exicutioner. They will decide and just take the money off the seller and hes pretty powerless in the process. Quote Link to comment Share on other sites More sharing options...
Shackleton Posted June 20, 2016 Share Posted June 20, 2016 ^^^ that's the way it is. I think it's decent to try give the seller the opportunity to be stand up before opening a case, and as mentioned above people tend to appreciate that and respond accordingly. Your seller has only one instance of negative feedback with over 2k transactions so I'd be surprised if he wasn't willing to play ball with the right motivation. RE the qualified mechanic issue - it'd be difficult to f'up that job, least where the bearing is concerned. Good luck with it, firm hand! Quote Link to comment Share on other sites More sharing options...
mad_pete Posted June 20, 2016 Share Posted June 20, 2016 Be polite, state the sale of good act. Say unfortately there seems to have been a manufacturing defect with the item and is not fit for purpose. The defect must have been present at the point of sale and the correct installation process was followed. Ask for your refund. Quote Link to comment Share on other sites More sharing options...
reb78 Posted June 20, 2016 Author Share Posted June 20, 2016 Thanks Pete. That's pretty much what I said. Easy to get wound up, but I thought best to calm down and take some advice from you chaps. We will see what he says. Quote Link to comment Share on other sites More sharing options...
Hybrid_From_Hell Posted June 20, 2016 Share Posted June 20, 2016 The issue here will be the fact it was sold Feburary. I think you will be pissing into the wind on this one, ebay and paypal don't do well after a 4-5 month gap of purchase, they will say you have to sort it Sales of goods act maybe, but if he says rubbish....which I bet he does, it down then to taking him to court and if you are prapred to do it / hassle / still may not win when he twists things around. Reality check. Sorry buts that My Humble N Quote Link to comment Share on other sites More sharing options...
reb78 Posted June 20, 2016 Author Share Posted June 20, 2016 Fair enough, but even if I'd fitted it in Feb and it failed now, it would still be unacceptable IMO. It would only have covered 3k miles tops in that time on this vehicle. This hub covered less than a mile. Quote Link to comment Share on other sites More sharing options...
zardos Posted June 20, 2016 Share Posted June 20, 2016 Also in courtIt could be very difficult to prove that it failed so quickly, he could say that you fitted it when you got it and done many miles before failure.It could also be very difficult to prove that it was fitted correctly.You might need to get a qualified professional to disassemble it and inspection to determine reason for failure which could be costly and no guarantee that answer would be one you would like. Quote Link to comment Share on other sites More sharing options...
mad_pete Posted June 21, 2016 Share Posted June 21, 2016 Car parts should last more than 4 months and I would check the PayPal details as credit card should give you cover. But the first thing to do is ask the trader nicely. Maybe he gets all sorts of weird and wonderful returns requests and is a little wary of them. As I understand it small claims isn't that much hard work. Quote Link to comment Share on other sites More sharing options...
zardos Posted June 21, 2016 Share Posted June 21, 2016 You could try a free mediation service before trying the small claims court.You can also talk to CAB before making a claim Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.