Seller Refusing Faulty Item. Where Do I Stand?

dannyboy20

Hi all,

2 weeks ago I bought an electrical item from a popular computer market which turned out to be faulty when I got home. I then took it back last Tuesday and they refused a refund or a replacement.

Apparantly the serial number on the item doesn't match that on the packaging. Also the item looked second hand, which is exactly how it was when I took it out of the box. They told me they only had 5 of the items in and the pallet they received them in was sealed. (Each individual box was not sealed)

We had to get the manager of the computer market event to come over and he said he could see both sides of the story. The seller told me and also the manager of the show that he did NOT check the serial number on the item before selling it, he only checked it on the packaging due to the pallet of 5 he had being sealed. Surely this is their fault and they can't blame us??

After over an hours arguing we came to the agreement that they take the box away and find out from their supplier where it came from. We are going back tomorrow to see whats happening but i'm not holding my breath.

I posted about the fault on another forum, and someone replied last week saying they bought a box from the same seller last Tuesday and he is getting exactly the same fault I had with the item(which is not common), although his serial number matches to that on the packaging. He is taking his box back tomorrow too.

So does anyone know where I stand with this? At the moment I am £170 down and without the faulty item.

Thanks in advance

I_luv_cats

It should be fit for purpose and as described.

With markets / Boot Fairs it is generally "Buyer Beware!!!"

Did you get a receipt???

If all fails stall-holder / market manager you could go to small claims BUT is the person a regular / do you have their details.

Ring Consumer Direct 08454 04 05 06

dannyboy20

Hi.

yes, the seller is a regular supplier to me for stock for my shop. This item was for personal use though. They obviously think we have changed the box due to the serial number not matching, but thats not what happened. The seller is there on a weekly basis, and is a genuine company I believe.

I got a receipt with the serial number wrote down on it, but the serial number was from the packaging and not from the actual item.

zootscoot

It was sold in the course of a business so the Sale of Goods Act does apply irrespective of whether it was purchased at a market.

dannyboy20

It isn't a regular market, its a computer market https://www.computermarkets.co.uk so all traders there must be registered businesses I believe.

dannyboy20

Well I went to the show tonight. They said the box was still with an engineer to see if they can repair it. She said she checked with her supplier and the box is definitely not one of theirs. They basically have said we have changed the item and its our fault. She said if the item cannot be repaired then we will have it back next week and thats that.

I am not happy with it being repaired anyway, the item should have been new and it clearly wasn't. So I'm guessing trading standards is the next step?

Hintza

OP but remember there are folk out there who do buy items and then substitute a faulty one.

esuhl

dannyboy20 wrote: »

I am not happy with it being repaired anyway, the item should have been new and it clearly wasn't. So I'm guessing trading standards is the next step?

I wouldn't be happy either! What I would do is to write the retailler a letter, sent by recored delivery, stating that under the Sale of Goods Act 1979 (as amended), goods must be as described and of satisfactory quality. Say that the goods do not meet this requirement, and you therefore expect a full refund to be made within 14 days. I wouldn't get into a debate - he clearly thinks you have swapped the item, so there's no point arguing.

If you don't get the refund, take him to court. You can do this for a small fee via the Money Claim Online website (http://www.moneyclaim.gov.uk/).

I can't imagine there's much either of you can do to to prove that you have or haven't swapped the goods, so I suppose the only thing you can do is to accept the loss or sue.

Good luck...

dannyboy20

Hintza wrote: »

OP but remember there are folk out there who do buy items and then substitute a faulty one.

Very true, but the seller admitted he didn't check the actual item inside the packaging. (It wasn't sealed when I bought it). He said the large box of 5 he bought from his supplier was sealed and because of that he presumes each individual item were fine. He's saying theres no way the item could have been replaced because of this. Surely its the sellers responsibility to check both serial numbers (packaging and the actual item). He could easily have done it.

Thanks very much for the link esuhl

dannyboy20

Right i've been once again to the show tonight. I didn't get time to go over as I was sorting stock out with my supplier but my dad went. The lady said that the manufacturers are in the process of fixing it, 2 parts were needed and she should have had it back this week but it hasn't come due to the postal strike. She said 90% chance it will be fixed, 10% it won't.

My dad asked for their address and she asked why, he said if its not resolved by next week then we will be going to trading standards/courts etc. She turned nasty then. She asked for our address, she said she has photographic evidence and fingerprints to show the box isn't theirs and we're lying (?!). She then threatened us saying she will go to every trader at the show and say we're bad news and also try and get us barred from the show. She said she has friends who are lawyers and know the law inside out and if we take it further we will lose. What a total !!!!!. My dad just left it after arguing then and said we'll see what happens next week. But theres no way we're losing out on £170!

We're not happy the box is getting 'fixed'. We should have had a brand new item. It was second hand and not sealed.