Request for advice anonimized

[KTM Bike Industries UK]

Just a word of warning... you've also said:

Update.
Today whilst out delivering a fixed ebike in Lockerbie,

and

comments on any Facebook page or group.

this makes is sound like you might be selling multiple eBikes, and have a facebook page / group for the selling of eBikes.

If so it could be viewed by a small claims court that you are in fact running a business. It doesn't have to be profitable or even that busy to be counted as a business.... it might just be that you've not registered it. So if your customer might have made the assumption he was buying from a business he could expect the service and cover that he'd get normally.

Perhaps you can share the facebook page or an example of the way you sell your bikes?

 

[six9giant]

I understand totally, I've only done three bikes in 6 months, it takes me ages to fix anything due to my sensory disability.

 

[six9giant]

I understand totally, I've only done three bikes in 6 months, it takes me ages to fix anything due to my sensory disability.

My apologies correction only sold two! Third one is still here on sale on eBay and faceflop.
This is my advert screenshot

 

[stumpy150]

+1 with KTM....Beware that if you are running a business operation , no matter how small or whether or not you are making a profit , you MAY be subject to the same legislation / consumer protection that befits a large operation like KTM's ......I would seek legal advice from a professional before continuing with your operation......
It may also be worthwhile contacting HMRC and any other organisation that you receive an income from ( Benefits Agency / pension scheme etc ) as it may also effect your tax status.

 

[KTM Bike Industries UK]

Yes, I'm afraid it looks like you're running a business.

So this customer is protected, and could well be entitled to a refund.

 

[Nealh]

Selling one bike as a one off is one thing but more could be misconstrued as being a trader.

 

[six9giant]

I see, looks like I won't be selling anymore then.
Thanks

 

[Deleted member 4366]

As soon as you're a trader, the Distance Selling Regulations come into effect. For three bikes, you could argue that you're just a normal private guy clearing out your garage. By the time you get to 10 or more, that argument won't really hold water.

 

[six9giant]

Just a hobby to keep my fingers & hands active, plus a little brain fodder at times to.
So I'll just Potter about with my projects instead now.
Didn't think I was trading etc
Thanks for the heads up!

 

[Izzyekerslike]

So... If you buy an item with the intent of selling it for a profit then you are a trader whether you make a profit or not. However if you just tinker and repair bikes that you use yourself for awhile then sell it is a hobby. So three or four a year should be no problem.

 

[Kuorider]

Six trades a year buying and selling the same goods and you are a trader. Unless you can prove otherwise, which can be tricky. Remember well the inspector's ABC rule, Assume Nothing, Believe Nobody, Check Everything.

 

[Izzyekerslike]

Six trades a year buying and selling the same goods and you are a trader. Unless you can prove otherwise, which can be tricky. Remember well the inspector's ABC rule, Assume Nothing, Believe Nobody, Check Everything.

I'm pretty sure that the inland revenue have "far bigger fish to fry" than a hobbyist who is selling a few second hand repaired eBikes from home. I stated in my previous post that as long as it's a hobby and that profit is not the aim then you are complying with IR and trading standards rules and regs.

 

[Kuorider]

I'm pretty sure that the inland revenue have "far bigger fish to fry" than a hobbyist who is selling a few second hand repaired eBikes from home. I stated in my previous post that as long as it's a hobby and that profit is not the aim then you are complying with IR and trading standards rules and regs.

I hope your assurance holds out when the compliance and enforcement puppies sent out by the old dogs for training, sniff out this stuff and set out on making a name for themselves. You're pretty sure, whereas I know for sure. subtle difference. Don't ask how I know this.

 

[six9giant]

All I do is mostly hobby led, to keep me active brain wise plus keeping my fingers and hands from going stiff from cramp, I buy a faulty electrical bike and tinker around to hopefully repair it, most times I break even.
It's not about money in my case, it's about a healthy active approach to help me through the boredom factor.
I became disabled due to a works accident, never had a day off work since leaving school (not counting illness).
Not being able to work but want to is frustrating, that is my defence your honour!

 

[D8ve]

But the law as applied to job seekers etc is can he work, is he defrauding benefits. What would the mail say in its fraudster fiddles on social page?

 

[Izzyekerslike]

All I do is mostly hobby led, to keep me active brain wise plus keeping my fingers and hands from going stiff from cramp, I buy a faulty electrical bike and tinker around to hopefully repair it, most times I break even.
It's not about money in my case, it's about a healthy active approach to help me through the boredom factor.
I became disabled due to a works accident, never had a day off work since leaving school (not counting illness).
Not being able to work but want to is frustrating, that is my defence your honour!

And there is no reason not to carry on doing what you enjoy doing... There are always plenty of doom mongers about. Keep calm and carry on. Of course if your worried call trading standards they are normally very helpful, explain your position and they should be able to give a definitive answer.

 

[six9giant]

But the law as applied to job seekers etc is can he work, is he defrauding benefits. What would the mail say in its fraudster fiddles on social page?

It's takes me around four days to do one item, where it takes a active fit normal person maybe a few hours.

A hobby only becomes work when it becomes profitable, although your allowed to earn a certain amount before affection your benefit claim.