Any Ideas on sold as seen?

mustrum_ridcully

wannaberichbtch wrote: »

The law states that the item must be fit for purpose, i.e. if it was sold as a bunkbed, it should operate as a bunk bed, sold as seen does not detract from this. If the missing part prevents the item being used as a bunk bed, the plaintiff has a very strong case. It sounds as though this woman is very determined, I personally wouldn't want the hassle and worry of a court case for the sake of £50.00, and if the judgment goes against you it could end upcosting you more.

That's not how I understand it, the SoGA for private sales only requires the goods to meet the description - there is no implied fitness for purpose. So unless the advert states that it is 100% perfect "fitness for purpose" isn't really an issue. So I could advertise a "bike for sale" so long as it is a bike and it's mine it doesn't matter if it actually works or not.

pendulum

What wannaberichbtch said about the goods having to be fit for purpose is only relevant if a Court decided the seller was a trader/business seller instead of a private individual. In a private sale goods don't have to be fit for purpose or fault free.

wannaberichbtch

mustrum_ridcully wrote: »

That's not how I understand it, the SoGA for private sales only requires the goods to meet the description - there is no implied fitness for purpose. So unless the advert states that it is 100% perfect "fitness for purpose" isn't really an issue. So I could advertise a "bike for sale" so long as it is a bike and it's mine it doesn't matter if it actually works or not.

This is a good point but a mechanical, or electronic item cannot really be compared with something static like a bunk bed. Only the op knows how the item was advertised, and whether the missing item would prevent it from being a bunk bed. Let alone who lost it.

Would agree with your previous suggestion about a visit to the CAB, but this all seems very time consuming and stressful for such a small sum.

Blacksheep1979

The state and fitness for purpose is totally irrelevant if the op got a signed receipt saying something along the lines of sold as seen - the buyer can't prove one way or another that the part wasn't included and going straight to court without any other contact will not be looked upon favourably. Personally I think they're just trying it on, especially just for £50.

Halloway

Wannaberich!!!!!: here's a slightly more grown-up response to your post (I can't imagine why I was so stroppy last night, must be my time of the month.)

as Pendulum says, your comments are only valid if the item was bought from a trader or business. Clearly that is not the case here. Therefore your comment may have caused unnecessary worry to the OP. In this case the court summons is a complete waste of time and I am surprised that the buyer would even have got one, which makes me wonder what kind of summons it is.

It has to be repeated that in private sales the buyer has almost no rights. In this case the buyer had the opportunity to inspect the goods before buying so I would say that she doesn't have a leg to stand on. Which of course may also be the problem with the bed.

wannaberichbtch

Halloway, thank you for your latest response, you have prompted me to think about the wording of my initial post, and I concede that 'fit for purpose' is unlikely to apply here. - I'm not too big to admit when I'm wrong

V.Lucky

If you have house insurance with the legal protection bit as an add on, you could phone them for advice. They are normally 24/7.

woodvale_2

Seems a bit over the top to issue proceedings on such a small amount. Has the claimant used the money claim on line service ? This will be the case if the proceedings were issued from Northampton , it should say this on the claim form.

Is there a claim number on the form and has it been stamped by the court ?

woody01

wannaberichbtch wrote: »

The law states that the item must be fit for purpose, i.e. if it was sold as a bunkbed, it should operate as a bunk bed, sold as seen does not detract from this. If the missing part prevents the item being used as a bunk bed, the plaintiff has a very strong case. It sounds as though this woman is very determined, I personally wouldn't want the hassle and worry of a court case for the sake of £50.00, and if the judgment goes against you it could end upcosting you more.

Total rubbish!
Where on earth do you get any of your facts from?

This isn't a shop sale.
There is no business involved.

For starters, if the item was sold as seen then there is no comeback.

Even if it was just sold, do you think court would fall on the buyers side?
The buyer pick the goods up for gods sake. She decided to buy AFTER seeing the goods.

wannaberichbtch

woody01 wrote: »

Total rubbish!
Where on earth do you get any of your facts from?

This isn't a shop sale.
There is no business involved.

For starters, if the item was sold as seen then there is no comeback.

Even if it was just sold, do you think court would fall on the buyers side?
The buyer pick the goods up for gods sake. She decided to buy AFTER seeing the goods.

See post 17, please try and keep up! :rotfl: