Ade seems to be and is what i believe to be a good bloke. I could not see him doing this on purpose. Maybe he really felt it was a 5speed packed it up and shipped it off to you. I can understand your pain too. I wouldnt be happy at all if this were true. However as the buyer you probably should have given it a once over as soon as you received it. Right then and there you would have found out it was a 4speed and im sure Ade would have humbley appologised and refunded your money. The money should be returned or a agreement made but its also hard for someone to pull that $500-1000 out of there back pocket which they thought was theirs and spent during the year.

Its too hard for anyone to really comment though without knowing all the details.

PS. Are you sure it isnt a five speed that is worn or broken something not allowing 5th to be selected?