Help!

[Martin86]

I bought a Suzuki SJ Power Steering Kit off a guy on Facebook that was breaking an SJ. I paid £85 to the guy via Pyapal and a week later the Parcel turns up, I open the parcel to find a Steering Box, Pump and Pipes from a Vitara. There is no Wedge to fit the Box, No Crank Pulley and No Water Pump Pulley or Bolts.

I sent him a message asking if these parts are coming in a separate parcel but got no reply after 2 Days, So after these I put a Claim into Paypal saying that the Kit is incomplete. As soon as I had put a claim in I got a instant reply from him through Paypal saying that these parts are extra and I need to pay more money.

What do I do ? Am I in the wrong ?

Martin.

[zook123]

Do you have evidence that he was selling it all in one lot?

[Martin86]

Well I only have Messages from Facebook no Picture. I have stated in the Messages that it is a complete Kit and he has said it is.

I can understand if it didn't come with the Pulleys but not the Wedge Bracket.

Martin.

[zook123]

If you attach the screenshots to the Paypal claim they will investigate theirselves, did you send it as a gift?

[Martin86]

I sent it as a Service/Goods.

[dan_2k_uk]

Probably a bit hard to judge either way.

I guess for it to be considered a complete SJ kit it would need to be bolt on for an SJ which without the wedge it isn't.

Presumably the pipework isn't modified to suit an SJ either so its basically just a Vitara power steering setup in which case they probably shouldn't have described it as they did.

You don't need a water pump pulley.

[Martin86]

Thanks Dan, When you say pipes have to be modified do you know how ?

Martin.

[dan_2k_uk]

The high pressure pipe needs to be shortened or a new one made.

[Anton]

Not really hard to judge - if he's selling it as a complete kit for an SJ, then the word "complete" should be abided by. He hasn't described it as a partial kit, nor has he described it as a Vitara PS setup that is suitable for adapting to an SJ, he's sold it as a complete kit for an SJ.

If there are parts missing that are required for it to work with an SJ, then his description was not accurate, and as such he owes you a complete refund or he owes you the parts he misled you into believing you were getting.

That's the law.

I really doubt he misled you deliberately, but that doesn't change the fact that the law states that a sellers description has to be accurate.

The sale of goods act covers second hand. Under the Sale of Goods Act 1979 goods must be as described, of satisfactory quality and fit for purpose.

These goods were not as described nor fit for purpose without the additional parts. It was his responsibility to make sure he complied with the law when he sold these parts, you have no obligation in that regard.

Under the distance selling regulations, he now has 2 options: Send you the missing parts as they're legally yours, not his, or invalidate the transaction (making the parts he has not sent you still his) and give you a full refund including postage costs *BOTH WAYS*.

The distance selling regulations changed last year and became the "consumer contracts regulations". Now you're no longer entitled to a refund on your return postage if you simply change your mind - however, you're still legally entitled to a full refund on the return postage if the goods are not as described, not of sufficient quality or not fit for purpose.

He doesn't have a legal leg to wobble on. He described the goods as complete and they're not.

He either sends you the parts he omitted at no cost to you, or he refunds you and pays (IN ADVANCE) the return postage cost.

That's the law. End of.

http://www.legislation.gov.uk/uksi/2013 ... tents/made

[Martin86]

Hello Anton, Thanks for your input.

Paypal have said I am entitled to a refund if I post the "Kit" back to him at my own expense, I have till the 2 of December to get it back to him. Now it's a Heavy Parcel so it's going to be around £20!! I think this chap doesn't have the parts to complete this kit, I have never asked for a Refund just the Missing Parts.

I've since ordered a Jimny Steering Box but know need a Vitara Crank Pulley.

So what is a Vitara Power Steering Box Worth ?

Martin.