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I have an issue with

Discussion in 'General Scuba Diving' started by Iain Denham, Sep 19, 2012.

  1. Iain Denham

    Iain Denham Active Member

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    an EBay brought air tank and would like some advice from the experienced people here please?

    Brought a job lot from EBay only thing I did not want was a couple or air tanks as I have some so sold them on to another buyer out of test etc with the usual get them tested first message.

    Next thing I know the guy that I sold it toot said that someone had bodged it with "plumbers mate" and that it had sealed the valve shut and was extremely dangerous and wants his money back (fair enough) but also the cost of the test but won’t give me the tanks back as according to him the guy that tested them said they have to be destroyed?
    He has also got trading standards involved (I’m all for this by the 2way as if this is as dangerous as he says the fella that sold the items should pay).

    I have asked him for a full report and given him all the details of who and where I got this item from but as of yet I have not contacted the guy I got the gear from (will do when and if I get this report)

    What do you guys think ect?
     
  2. Doomanic

    Doomanic Dinosaur Wrangler
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    If you sold them through eBay and he used PayPal he'll almost certainly get a refund no matter what you do. Have you got a link to your advert? Depending on how you sold them (out of test, no returns, sold as seen, etc) you may be ok. Easiest to just strike it up to experience.
     
  3. jb2cool

    jb2cool Moderator
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    I'd want to see proof myself.

    Besides, even if the valve was no good, this does not mean that the cylinder would fail the test as ctlinder and valve are separated for the test. If they were sold out of test with no guarantee that they would pass then i don't really see that he has a leg to stand on.
     
  4. Roy

    Roy Active Member

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    If they did fail test they will have been destroyed.
     
  5. Doomanic

    Doomanic Dinosaur Wrangler
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    Me too, but if it was an eBay sale he will most likely be forced to refund the money for the cylinders. eBay almost always side with the buyer in disputes.
     
  6. Iain Denham

    Iain Denham Active Member

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  7. Iain Denham

    Iain Denham Active Member

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    So the fella would have automatically destroyed these items if they failed?

    If so what proof would I have that this was the case and when I try to get my money back would they normally do a report?

    Thanks for the answers so far by the way.
     
  8. jb2cool

    jb2cool Moderator
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    First of all he paid cash so Paypal can't just take the money off you. Having said that, i'm not sure is eBay can take the money direct from you even though he paid by cash.

    Secondly, you were straight up saying that the cylinder needed testing but under the 'item specifics' it says;

    Condition:
    Used: An item that has been previously used. The item may have some signs of cosmetic wear, but is fully operational and functions as intended. This item may be a floor model or an item that has been returned to the seller after a period of use. See the seller’s listing for full details and description of any imperfections.

    Now that does indicate that it's fully operational and functions as intended as well as the description section saying "Seller assumes all responsibility for this listing".

    I guess the buyer has a point but unless he can prove that it was tested and destroyed he may be pulling a fast one.
     
  9. west0ne

    west0ne New Member

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    It's always a problem using the 'Used' condition in the description when you aren't sure if something is fit for purpose, it should really have been listed as non-working for parts only, but that's one to chalk up to experience.

    Would the tester really destroy the cylinder or just return it with the valve and cylinder separated? I only ask because I have seen a number of these being weighed in at the scrap yard, with that weight they carry a bit of value, so did the buyer or the person who supposedly destroy them benefit from the scrap value.

    I would want proof that the cylinder failed and also that the cylinder was destroyed. Given that you made it clear that the cylinder was out of test there is an element of risk accepted bye buyer so maybe a token refund may be worth considering in the first instance.

    I can't imagine trading standards putting too much effort into dealing with a private second hand sale being made through eBay.
     
  10. Roy

    Roy Active Member

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    Yes, usually by putting a grinder through it.

    If you get proof it failed, rest assured it was destroyed.
     
  11. jb2cool

    jb2cool Moderator
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    And then someone (Other than the seller) got the scrap value for it.
     
  12. snowman

    snowman Active Member

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    Does sound a terribly one sided, con friendly process.

    Surely if a tank is deemed to have failed, there should be some kind of 'appeal' process?

    Also, what evidence is there of a) failure and b) destruction if the tester simply destroys the tank?

    Otherwise, what's to stop testers failing good tanks and pocketing the scrap value?

    M.
     
  13. Roy

    Roy Active Member

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    You will get a certificate of failure.

    Whats to stop MOT testers failing your car and charging you for unnecessary work?
     
  14. Doomanic

    Doomanic Dinosaur Wrangler
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    Or worse, failing good tanks and then retesting and selling them on...
     
  15. Doomanic

    Doomanic Dinosaur Wrangler
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    Nothing if they think you are a mug punter. I have three garages I trust with MOT testing and one of those is my local Hellfrauds Autocentre! No doubt it helps that all the testers know I am more than capable of doing any necessary repairs myself.
     
  16. Roy

    Roy Active Member

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    It was a retorical question.

    At some point you have to trust the testers. Thats why cylinder test houses are accredited in a similar way to MOT stations.

    All this "are they failing them just to get the scrap value" smacks of paranoia.

    If it fails, it has failed!! Just be glad it didn't let go in a big way while being filled as you were standing next to it.
     
  17. snowman

    snowman Active Member

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    Nothing, but they don't scrap your car and keep the scrap value, do they? :D

    M
     
  18. Jenkins

    Jenkins Friends, Romans, countrymen, lend me your ears.

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    Out if interest if your cylinder is destroyed do you still have to pay for the test?
     
  19. Roy

    Roy Active Member

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    Yes.
     
  20. Big Joe

    Big Joe Active Member

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    My understanding is that they are destroyed and the bits returned to whoever took them in for test.
     

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