[Kerr]

I doubt you'll get anywhere to take two heavy tyres for £10.

The other issue is if it's not recorded, he always has the opportunity to say they never arrived.

[jammy78]

How much did you pay & was it on your credit card?

If so, bypass PayPal / eBay & go straight to the CC! If you are mis-sold / not as described etc it is the responsibility of the seller (business or not) to arrange collection of the goods!

[M2RTY]

I sent 2 19 inch tyres cable tied together with ups drop off for 7 or 8 quid

[kayfaz]

God, this guy is quite persistent
"Distance selling regulations is for disputes where the seller sells an item which is different to what was listed. You received the tyre which was listed"

Isn't that exactly the issue in the first place? It was listed with 3.5mm and 4mm thread, but it doesn't have that...

So I went back to him and said either arrange for someone to pick this up and provide a full refund or escalate it to eBay.

That's the eBay listing:
http://www.ebay.co.uk/itm/255-35-zR1...-/231105431067

[MrPogle]

Originally Posted by kayfaz

That's the eBay listing:
http://www.ebay.co.uk/itm/255-35-zR1...-/231105431067

If that is the photo of the tyre you received, it looks horrible. From that photo it looks like it has 3.5mm in the centre and about 1.8mm at the left hand side. I'm not having a dig but why did you buy such an unevenly worn tyre?

[kayfaz]

Originally Posted by MrPogle

If that is the photo of the tyre you received, it looks horrible. From that photo it looks like it has 3.5mm in the centre and about 1.8mm at the left hand side. I'm not having a dig but why did you buy such an unevenly worn tyre?

I know I bought it using my phone and didn't notice it properly until they arrived....I shouldn't have bought a second hand tyre at all.

Oh well, lesson learnt I guess

[IanS100]

The Ad also describes them as "Approx 4mm Tread" which is very open to interpretation, I think you're probably on a hiding to nothing trying to get postage out of him

[regy53]

post it back and learn by your mistake.

Anybody who expects a part worn conti with 4mm of tread for £35 or under must be mental I am sorry to say.

[Icekube]

he has covered himself in the listing with this statement:

DESCRIPTION: The Tyre may have slight wear on either side or both side (see pics),
or it may have the odd discrepancy as its Used.

that statement, coupled with detailed pictures, would suggest that you didn't look at it properly (as you should do with EVERYTHING on ebay)

I'd be using MyHermes to send the tyres back as cheaply as possible, and get a refund, whilst sucking up the postage cost.

[bishbosh]

I bought a pushchair on ebay in person but it was only when I got home that I realised it was damaged/filthy.

Seller unhelpful but ebay said I had to send it back. I sent it back via recorded courier on eBays advice just to make sure that the seller could not claim they hadn't received it back. (Even though I could have hand-returned it, but didn't want the seller denying all knowledge)

In the end ebay refunded me the purchase price, but not the return postage. However they then sent me a £5 voucher as a gesture which was a pleasant surprise.

[G82Dude]

Originally Posted by kayfaz

God, this guy is quite persistent
"Distance selling regulations is for disputes where the seller sells an item which is different to what was listed. You received the tyre which was listed"

Isn't that exactly the issue in the first place? It was listed with 3.5mm and 4mm thread, but it doesn't have that...

So I went back to him and said either arrange for someone to pick this up and provide a full refund or escalate it to eBay.

That's the eBay listing:
http://www.ebay.co.uk/itm/255-35-zR1...-/231105431067

Hmmm... I would suggest you point him the direction of the Office of Fair Trading. Here's an excerpt from the DSRs (from the merchant's perspective); the last line is quite telling:

Refunds
The retailer must refund the full amount including the delivery
costs as soon as possible after the consumer cancels, and in
any case within 30 days at the latest. You cannot insist on the
goods being received by you before you make a refund.

Returning goods
Only if it is covered in the contract and the written information
can you require the consumer to pay for the cost of returning
the ordered goods. If the consumer then fails to return the
goods, or sends them at your expense, you can charge them
the direct cost to you of the return, even if you have already
refunded the consumer’s money. You are not allowed to
make any further charges, such as a restocking charge or an
administration charge.

If you do not include these details in the required written
information then you cannot charge anything. You can never
require consumers to pay the cost of returning substitute
goods. If the goods are faulty or do not comply with the
contract, you will have to pay for their return whatever the
circumstances.

[Icekube]

Originally Posted by uke92dude

Hmmm... I would suggest you point him the direction of the Office of Fair Trading. Here's an excerpt from the DSRs (from the merchant's perspective); the last line is quite telling:

If the goods are faulty or do not comply with the
contract, you will have to pay for their return whatever the
circumstances.

but the goods are not faulty or fail comply with the contract, the seller clearly stated the tyres had edge wear, AND provided detailed pictures.

[G82Dude]

Originally Posted by Icekube

but the goods are not faulty or fail comply with the contract, the seller clearly stated the tyres had edge wear, AND provided detailed pictures.

But said they had n mm of tread, which they don't. They failed to live up to their side of the contract. Using "discrepancies" as a get out clause is no excuse. That basically means they can send you a bald tyre and get away with anything.

The OP isn't complaining about edge wear; he's complaining that they are basically bald.

And providing pictures is irrelevant. It would be unreasonable to assess a tyre's wear (and accurately judge a few mms) from a picture. Your first opportunity as a buyer to inspect the goods under DSRs is when they arrive with you to ensure that they meet the description (contract).

Unless the OP is complaining about the edge wear, then maybe that's another question.

(Presumably the merchant is not in the business of selling illegal tyres).

[Kerr]

Originally Posted by Icekube

but the goods are not faulty or fail comply with the contract, the seller clearly stated the tyres had edge wear, AND provided detailed pictures.

It isn't really edge wear though. It's most of the tyre.

The MOT tests tread depth over 75% of the width of the tyre.

That tyre doesn't look 4mm anywhere, and if it is, it's just in than one little bit. He's used the best bit to exaggerate the life left in the tyre.

[kayfaz]

First of all yes I do admit it was stupid of me to get these in the first place, I've only bought second hand tyres twice in my life, but never from eBay or anywhere else without inspecting it first, but as I saw it was a business seller specialising in tyres with good feedback, I thought what could go wrong? But definitely a lesson learnt.

I don't think I can find any spot in the tyre that has 4mm thread at all.

He hasn't replied back to me since my last message where I said either arrange to pick these up from me and provide a full refund or escalate to eBay.

I appreciate everyone's help and comments and keep you all updated, it may just help another buyer not to fall for the same mistake as I did and NOT buy from tyresdirect786 from eBay.