My Roketa MC-54B-250 Is Not a MC54B

[lcarfizz]

Ok, well I got ripped off by allnewsports.com. Just as I was told in a previous post, my scooter was sold as a MC-54B and I paid the higher price for it. Got a red scooter, blue (very small) trunk, white rear view mirrors and a 16.6 hp CFmoto engine that was suppose to be a 20.2 hp engine. Plus, the gas compartment does not lock and the gas gauge is broken.

My attempts at contact with them are met by lies and empty promises. DO NOT BUY FROM ALLNEWSPORTS.COM - you will get ripped off.

Sorry about the negative post, but I am a teacher and I make a teacher's salary.. $2100 is a lot of money to me. Just wanted to warn others.

[allworld]

Hello Icarfizz:
I hate to hear of bag experiences, I am wondering if you can speak with a lawyer, since Allnewsports, clearly did not send you what you bought.
They can legally send something of greater value, but not of lesser value.

[lcarfizz]

Hey Allworld, thanks for the post. I am probably going to contact the Atty General of Kansas and speak to a local lawyer about my options. I will make sure everyone knows about this.. I would hate to see others get ripped off as well.

[quail]

The charge is Theft by deception

[Showme]

Hi Icarfizz,
It is sometimes very difficult to deal with some of these underhanded dealers. Some of them think they can get away with almost anything. Some of them never see the scoot you order as they come from a warehouse in Timbuktu. I'm hoping you can get their attention and they will make it right. Hang in there. I hope you get satisfaction.

[lcarfizz]

Thanks everyone for your words, much appreciated. Hopefully this will get resolved. I still like the bike, just needed it a bit faster..

["Big Guy"]

Jun 2, 2008 21:15:07 GMT -5 quail said:

The charge is Theft by deception

Umm... actually no, it's not. When you receive an item that is ordered via mail order or over the Internet that is substantially not as described, the buyer will have two avenues of recourse.

First, he should contact the seller and inform him of the problem and ask for an exchange. If the seller refuses, than he (the seller) is obligated to either refund the product cost, or make up the difference in price in the form of a refund at the buyer's choice.

Usually, if the buyer chooses the refund, the seller will not pay for the return shipping and will only accept the product if it is in salable condition and in the same shipping carton it was sent and will find some reason to charge a restocking fee.

Second, the buyer can file a lawsuit in small claims court... not likely, since the seller is probably 1000 miles away.

Unfortunately, you don't have the upper hand here since you accepted the delivery. Had you refused the delivery as an item not ordered, you would be entitled to a complete refund.

Now to the "Theft by deception": In reality, this is called fraud (theft by deception is completely different) and to prove this, you have to prove that the seller is intentionally selling this product as something it's not. The seller most likely sells both types and his answer to any fraud charge (not that one would be entertained) would be just that. We sell both types and it was merely a shipping error.

lcarfizz, I understand that you didn't get what you ordered, but as someone who has owned both, I like the CFMoto better, and so do a lot of other people. They have a longer wheel base and ride smoother, are easier to work on, run smoother, get better gas mileage, and I see no difference in speed or power.

I am sorry that you're having problems, but your legal recourse is limited here by the price of the item and the distance between you and the seller. I would ask for a few hundred in compensation and leave it at that. But please, whatever you do, do it nicely! The nicer you are with the seller, the better results you'll get!

Good luck!


-Rich

[lcarfizz]

Thanks for the advice Rich, I will try and continue to be patient. I have had the bike problem for a month now and they are very difficult to communicate with. I also appreciate the legal information. All I really want is for the bike, mirrors, and trunk to be the same color

Thanks again !!

[glassvial]

Hmm...this thing crossed state lines, now you're getting into federal law territory...FUN!

[yarddogbbq]

cfmoto engine, easy to valve adjust, weight of engine is more on the back of bike not on front shocks. (i dont know how good these front shocks are, so far so good tho)

pretty good low end torque. variator is very good quality with different weight choices from aftermarket stores.

but the linhai engine is also a very good power plant and i know you wanted the more hp.


i ordered a tank bali style and got a jonway roketa bali style. and i am happy. and would not send back.

a big disapointment when you dont get what you ordered. (feels like deception) i know, but now i am enjoying a very good bike, approaching 2000 miles in slightly less than 2 months. and really feels good at speed. i just went thru the variator and regreased and regreased the drive pulley and clutch, smooth. quieter. the chinese are frugal with their fluids and grease.
do your pdi before riding.

the cfmoto hauls my a.. at 62-65 easy, even 70 ok (274lbs). i like around 62 just cruisin along tho.


as big guy stated, speed and power are about the same. there is a weight difference. some of the linhai outweigh the cfmoto powered bikes, maybe this is where the difference is.

extra weight more stability, but extra weight i already have extra weight (me) i opted for the cfmoto engine style.

we make our logical choices and then we buy and we want what we purchased right?

and matching parts also would be nice!

good luck
yarddog

[dukeofyork]

Jun 2, 2008 19:43:38 GMT -5 lcarfizz said:

Ok, well I got ripped off by allnewsports.com. Just as I was told in a previous post, my scooter was sold as a MC-54B and I paid the higher price for it. Got a red scooter, blue (very small) trunk, white rear view mirrors and a 16.6 hp CFmoto engine that was suppose to be a 20.2 hp engine. Plus, the gas compartment does not lock and the gas gauge is broken.

My attempts at contact with them are met by lies and empty promises. DO NOT BUY FROM ALLNEWSPORTS.COM - you will get ripped off.

Sorry about the negative post, but I am a teacher and I make a teacher's salary.. $2100 is a lot of money to me. Just wanted to warn others.

Call your CC / bank and dispute the purchase! I think is time we have to take actions in cases like this. Just get your money back and keep the scooter.

This is what the federal law states:



UNORDERED MERCHANDISE

If you receive an item you did not order, federal law states you can
consider the item as a gift. You cannot be forced to pay for the item
or return it.

If you decide to keep the merchandise, you may want to send the
seller a letter stating your intention, even though you have no legal
obligation to do so. Your letter may discourage the seller from
sending you repeated bills, or it may clear up an error. You may want
to send the letter by certified mail and keep the return receipt and
a copy of the letter. These records will help you establish later, if
necessary, that you did not order the merchandise.

At the moment I am so pissed ate ATVDiscounter that if I receive wrong scooter I will dispute the purchase in a heartbeat and will keep the “gift”

["Big Guy"]

Unfortunately, the federal law you're quoting is only if didn't order anything at all...

Disputing the charge might work if it's a real credit card, but there's also a good chance that in the dispute process, the seller might convince the company that there is only a slight difference in the product, and in my experience, they will probably go for a partial refund.

Again, the best route in my opinion is to negotiate (with honey) with the seller.

Disputing a charge and keeping an item (even if you could get away with it), even if it's not as described, is not the right thing to do. What if you were the seller?

Sorry, that's just bad Karma (not the board type) ;D


-Rich

["Big Guy"]

Also I notice that a lot of folks on discussion boards give out "Legal Advice" and quote laws... Keep in mind people, the Internet is archived by archive.org, and giving legal advise in a written form is illegal as well without a Bar License number. What you say and document on the Internet remains at archive.org forever should someone research it.

Now saying, "I would probably look into..." is perfectly acceptable, but quoting law without a license is not.

Just an FYI for y'all...


-Rich

[dukeofyork]

Jun 3, 2008 0:04:08 GMT -5 "Big Guy" said:

Unfortunately, the federal law you're quoting is only if didn't order anything at all...

Disputing the charge might work if it's a real credit card, but there's also a good chance that in the dispute process, the seller might convince the company that there is only a slight difference in the product, and in my experience, they will probably go for a partial refund.

Again, the best route in my opinion is to negotiate (with honey) with the seller.

Disputing a charge and keeping an item (even if you could get away with it), even if it's not as described, is not the right thing to do. What if you were the seller?

Sorry, that's just bad Karma (not the board type) ;D


-Rich

Why you care so much for the seller? What about all the people that are being “robbed” one way or another? What, every time when we are fxxxxd up we have to just accept it quietly or look at the seller's position....."What if I was the seller" hm, let me think if I was the seller I will make promises, take the poor people's money because they will do nothing...

I do have a respect for you but sorry, I just do not agree with your on this

["Big Guy"]

Duke,

Don't take it the wrong way, I could care less about the seller. I am trying to lend some light to the problem at hand so that lcarfizz can have a good outcome to this situation. I have mediated a lot of disputes in the past and the person with the best attitude always wins.

I sincerely doubt that the seller knew he was sending the non-b version, since drop shippers never see the scoots they sell, so this is, in all probability an honest error.

Calling them up and threatening a lawsuit will only make them defensive and not open to a resolution, however, calling and discussing it in a friendly manner will probably bring about an amicable resolution that will benefit lcarfizz.

Again, I am not defending the practices of any drop shipper and never will. Scooters should NOT be sold in this fashion, and perhaps someone should start a lobbyist effort with the ICC to put a stop to it. I am just trying to give lcarfizz some friendly advise...


-Rich

[dukeofyork]

Jun 3, 2008 0:46:53 GMT -5 "Big Guy" said:

Again, I am not defending the practices of any drop shipper and never will. Scooters should NOT be sold in this fashion, and perhaps someone should start a lobbyist effort with the ICC to put a stop to it. I am just trying to give lcarfizz some friendly advise...


-Rich

I agree with you on this one even though I also purchased online just because it was the only option for me as I do not have a dealer close by, and the ones I went to in other states are way too expensive.

Please do not take it personal. I am just frustrated that the online sellers are taking advantage of the situation.

[lcarfizz]

I'm going to assume good will on the part of allnewsports.com and say that they really don't know what is being shipped. The latest is that they will send whatever parts that were the wrong type and color and from looking at the forum, it seems that the Honda clone is more reliable, so I'm calling it. The bike looks good, runs well, there are many small glitches but I can live with them. Next time, I think I will buy from a dealer where I can actually see the bike before I buy it.

Thanks everyone for your helpful advice and counsel.

-Lou

[hanley111]

I recieved my scoot this week and that was the first thing I did was check the box and it did say MC-54-250B right on the box. When I opened it...the decales even said the same thing. Today I was removing the everything to start the PDI and the Cylinder is sitting vertical and a little toward the back.
So who is in the wrong here about keeping the scoot as a gift. This is down right fraud in my book. It is to late for me to refuse the order. IT HAD WHAT I HAD ORDERED PERIOD and did not contain what it said. My short fat A...s needs the extra ump hehe.

[lcarfizz]

I believe it is only fraud if they meant to deceive you. I don't thing they are smart enough to do that. They seem like a bunch of young, inexperienced kids that don't have a clue. I'm still waiting for my mirrors and trunk. My bike dosen't even say 250B and of course it isn't. There is no freebee, no gifts, just the wrong bike and I'm just not going to spend more emotional energy on it. It runs and now I know better. Good luck Hanley111.

[barry]

Tis true, legal recourse is difficult and possibly expensive. I too was fooled but by a company called "PowerSPortsMax". It came with bonus's too 1.) You need to pull back both hand brakes to engage the brake light, turn singles, emergency lights and the dash gages ( fun, huh) oh, and 2.) it only has a 1.5 gas tank. I have to stop every 80 miles or so to fill up. I feel like selling it on craig's list or maybe burning it alive.

barry

[glassvial]

barry, I replied to you in another thread but I'm going to send you a PM also, so please check it.

[hanley111]

I sent an email to allnewsports yesterday telling them that I am disputing my CC because I didnt get what I had ordered.
This is her responce to me today. Cut and past from her.

It is a Linhai engine, Yamaha replica. It is not named Yamaha. Call the manufacturer if you want to verify it.

Sarah

[glassvial]

Send them pictures SHOWING them it's NOT the Yamaha motor and see what they have to say then. Like I've said before, I don't think the dealers know that they're being duped (and in turn, duping us). Unfortunately it's up to THEM to contact the supplier and find out what the hell is going on.

[lcarfizz]

I'm afraid they know exactly what they are doing. I have sent them detailed pictures, detailed emails specifically pointing it out and when pushed to the wall they asked me this question: "Did it say MC-54B on the ad?". Sarah is a liar and that seems to have infected the other 3 boobs working at that place. Enjoy your bike and dispute the credit card charges. Enough people have been complaining about the same thing so they KNOW what is happening.

[glassvial]

Jun 22, 2008 0:18:25 GMT -5 lcarfizz said:

I'm afraid they know exactly what they are doing. I have sent them detailed pictures, detailed emails specifically pointing it out and when pushed to the wall they asked me this question: "Did it say MC-54B on the ad?". Sarah is a liar and that seems to have infected the other 3 boobs working at that place. Enjoy your bike and dispute the credit card charges. Enough people have been complaining about the same thing so they KNOW what is happening.

Impossible to say what the "ad" aka website said, seeing as they took it down!! Personally, the place I ordered from, I captured the entire page showing all the specs, the fact that it's billed as a "260" ... so just let them try to weasel out of that one.

But you're right, it sounds like you've got your own weasel at the dealer, she sounds like a real scumbag, and I wholly agree with your recourse on this one if she doesn't want to make it right. Sorry, just MHO.

[hanley111]

I am hopping that this pic shows up.
Dang this thing

[firestrom]

Hello All



Well I ordered a MC54 250 yesterday so now I am playing the waiting game. I talked to JR the owner of a B&M Store in Nampa ID. He is a Roketa dealer. He told me that Roketa is no longer selling the MC 54 250B any more with the 257cc motor. So all the MC 54B are being sent out with the 244cc. So the only different between MC54 and the MC54 B is the radio, the bigger box. He wasn’t sure about the wheelbase, as he has not ordered a 54B and will not sell 54B tell the problem is fixed. There might be some other smaller differences that are eluding me at the moment.

The Point is the change seems to be coming from the factory. So now being most of the people selling these scooters have no clue there just shipping them out with out knowing what is being shipped.

I hope this helps and all statement is true do to my great memory LOL

[glassvial]

Jun 24, 2008 9:59:24 GMT -5 hanley111 said:

I am hopping that this pic shows up.
Dang this thing

Yep, you got it, and yep, that's a Non-B motor, with a B sticker on the bike.

[glassvial]

Jun 24, 2008 10:53:28 GMT -5 firestrom said:

Hello All

Well I ordered a MC54 250 yesterday so now I am playing the waiting game. I talked to JR the owner of a B&M Store in Nampa ID. He is a Roketa dealer. He told me that Roketa is no longer selling the MC 54 250B any more with the 257cc motor. So all the MC 54B are being sent out with the 244cc. So the only different between MC54 and the MC54 B is the radio, the bigger box. He wasn’t sure about the wheelbase, as he has not ordered a 54B and will not sell 54B tell the problem is fixed. There might be some other smaller differences that are eluding me at the moment.

The Point is the change seems to be coming from the factory. So now being most of the people selling these scooters have no clue there just shipping them out with out knowing what is being shipped.

I hope this helps and all statement is true do to my great memory LOL

Then your local dealer must know something that no other dealer in the world seems to know, or has a really good inside contact @ Roketa! Roketa's website still lists the B model as having the Linhai 257cc motor, and there have been reports that people who ordered a B, did indeed get a B with the proper motor. At this point I figure the best these dealers can do is guess, because Roketa hasn't been straight with their answers at all, which in turn makes the dealers look bad. It's a vicious cycle.

["Big Guy"]

The dealer is incorrect... Goldenvale (Roketa) is still stocking and selling both versions.


-Rich