Buying from "friend"

mermaid85

I have two cases here, any advice much appreciated!!

Most importantly first:

A friend of mine bought a toy keyboard for her daughter for xmas from 24 Studio. She was then given a identical one 2nd hand, so offered me the one she had for my DD. She charged me the same as she paid for it. Taking it home, still with full packaging, never been opened, me and OH set it up for DD only to find the mic doesn't work. The only reason I bought it was that her current keyboard mic doesn't work, and my "friend" knew this. I told her what had happened and asked her to return it, and give my money back as it was bought on her account, so I can't return it. She got really snotty about this and said she couldn't give my money back as she needs it. Told her I'm happy to wait until she gets it back from company. She has now text me saying they won't take it back as it's been over 28 days since delivery. I didn't have it 28 days, and surely it was up to her to check it was working when she bought it?! Am not at all happy about this but not sure what I can do about it?

Secondly, I bought a 2nd hand cooker from a work colleague, who I trust. He had moved into a house with fitted cooker which is why he was getting rid of old one, told me to let him know if anything not working and he would give money back. I checked it was all lighting etc when fitted, seemed fine and text him to let him know as he'd asked. I've then recently gone to use the main over (up until now small top over has been adequate, main only really for roast!) and found that the fsd is faulty, and the flame never fully lights. I feel this is my fault for not checking properly, but to replace part is £170, only paid £150 for cooker. Not too sure what to do as either way I'm basically throwing away £150, if I'd bought from a shop I would take it back but as it's a friend I don't feel comfortable to?

4743hudsonj

mermaid85 wrote: »

I have two cases here, any advice much appreciated!!

Most importantly first:

A friend of mine bought a toy keyboard for her daughter for xmas from 24 Studio. She was then given a identical one 2nd hand, so offered me the one she had for my DD. She charged me the same as she paid for it. Taking it home, still with full packaging, never been opened, me and OH set it up for DD only to find the mic doesn't work. The only reason I bought it was that her current keyboard mic doesn't work, and my "friend" knew this. I told her what had happened and asked her to return it, and give my money back as it was bought on her account, so I can't return it. She got really snotty about this and said she couldn't give my money back as she needs it. Told her I'm happy to wait until she gets it back from company. She has now text me saying they won't take it back as it's been over 28 days since delivery. I didn't have it 28 days, and surely it was up to her to check it was working when she bought it?! Am not at all happy about this but not sure what I can do about it?

Secondly, I bought a 2nd hand cooker from a work colleague, who I trust. He had moved into a house with fitted cooker which is why he was getting rid of old one, told me to let him know if anything not working and he would give money back. I checked it was all lighting etc when fitted, seemed fine and text him to let him know as he'd asked. I've then recently gone to use the main over (up until now small top over has been adequate, main only really for roast!) and found that the fsd is faulty, and the flame never fully lights. I feel this is my fault for not checking properly, but to replace part is £170, only paid £150 for cooker. Not too sure what to do as either way I'm basically throwing away £150, if I'd bought from a shop I would take it back but as it's a friend I don't feel comfortable to?

1: is it really worth losing a friend over however much money she gave you, if not them maybe say you understand as you need the money too, maybe settle on her buying a coffee and lunch or something?? if you dont mind losing a friend then just state that a contract has been formed meaning the sale of goods act has come into play, and by selling you non "durable" goods, goods not of satisfactory quality and finally goods not as described (ie fully working implied by you paying full retail price). state that this act makes it your statutory right tor repair/replacement/refund (their choice) and you wish for them to meet this right, if they do not you will take them to small claims.

But as i said, is that all worth it?


2: Unlike the first situation, you and the seller sound like you are on good grounds, i personally would ring ask if their has been any problem before buying, if they sound honest, tell them and asf if they are willing to go partially towards a repair as you realise its not their fault but neither is it your. make sure you remain apologetic and grateful and ask if they are comfortable with this. I would do this as once again, is it worth falling out over something that is neither of your fault... best to solve it in a way suitable for both parties

mermaid85

4743hudsonj wrote: »

1: is it really worth losing a friend over however much money she gave you, if not them maybe say you understand as you need the money too, maybe settle on her buying a coffee and lunch or something?? if you dont mind losing a friend then just state that a contract has been formed meaning the sale of goods act has come into play, and by selling you non "durable" goods, goods not of satisfactory quality and finally goods not as described (ie fully working implied by you paying full retail price). state that this act makes it your statutory right tor repair/replacement/refund (their choice) and you wish for them to meet this right, if they do not you will take them to small claims.

My problem is, she hasn't given the money back... she didn't want the hassle of sending the unwanted item back, I said I would consider buying it off her which she took as a yes and pretty much pushed on me lol and now that it's not working, I'm stuck with the faulty item and unable to get a refund as she's not sending back. Checked the company website and it states faulty items can be returned up to 12 months so she should be able to get her money back and therefore pay me back n=but is being difficult about it.

4743hudsonj

mermaid85 wrote: »

My problem is, she hasn't given the money back... she didn't want the hassle of sending the unwanted item back, I said I would consider buying it off her which she took as a yes and pretty much pushed on me lol and now that it's not working, I'm stuck with the faulty item and unable to get a refund as she's not sending back. Checked the company website and it states faulty items can be returned up to 12 months so she should be able to get her money back and therefore pay me back n=but is being difficult about it.

then ask her politely why she wont help you, she needed the money so you helped her out and would be grateful if she did it in return......

Pollycat

I'd have a word with your friend and tell her that she can return the item outside the 28 days because it's faulty.
Would you consider offering to go halves with her on the cost of returning the item (assuming it has to be paid for)?
You've already told her that you're willing to wait for the money back until she gets it so it's not like she's going to be out of pocket.

The guy you bought the cooker off told you to let him know if there was anything wrong with it and even though you told him it was OK, I'd mention to him that the main oven isn't working and that it will cost £170 for the part.
See what he says.

ihatecaptcha

mermaid85 wrote: »

A friend of mine bought a toy keyboard for her daughter for xmas from 24 Studio. She was then given a identical one 2nd hand, so offered me the one she had for my DD. She charged me the same as she paid for it. Taking it home, still with full packaging, never been opened, me and OH set it up for DD only to find the mic doesn't work. The only reason I bought it was that her current keyboard mic doesn't work, and my "friend" knew this. I told her what had happened and asked her to return it, and give my money back as it was bought on her account, so I can't return it. She got really snotty about this and said she couldn't give my money back as she needs it. Told her I'm happy to wait until she gets it back from company. She has now text me saying they won't take it back as it's been over 28 days since delivery. I didn't have it 28 days, and surely it was up to her to check it was working when she bought it?! Am not at all happy about this but not sure what I can do about it?

So she bought the keyboard, long before xmas, then acquired the second one, and was unable to return the one she bought because the 28 days had elapsed.

So she looked around thinking, how can I get my money back? Oh yes, I remember, mermaid85 told me her kid's mike isn't working, I'll see if I can flog it to her. And she sold it to you for exactly what she paid for. Lucky lady!

And now when it turns out it's faulty, she won't even co-operate in returning it to the retailer, even though it wouldn't cost her a penny. Does that strike you as the action of a friend? Would you treat a friend like that? A real friend would apologize to you for your trouble and give you your money back.

Depending how much it cost, it may not be worth chasing it. If you decide to write it off, I would regard this lady with a jaundiced eye in future and don't buy anything from her again.

If you decide to pursue it, you can treat it exactly as any other debt. Write to her formally, using one of the templates from the Consumer Direct website. If she doesn't pay up, you can take her to court. Don't waste any worry over losing this "friend" -- she isn't one, by the sounds of it.

Freddie_Snowbits

My mate down the good Ol' C0CK and BULL the other night offered me some perfume for the missis. I said Ill have another pint of the Pig and I'll love her even more.

Cost of Old Spot £3.30. Cost of perfume £6.50. FRom a fiver I had change

yorksrabbit

Freddie_Snowbits wrote: »

My mate down the good Ol' C0CK and BULL the other night offered me some perfume for the missis. I said Ill have another pint of the Pig and I'll love her even more.

Cost of Old Spot £3.30. Cost of perfume £6.50. FRom a fiver I had change

Being subtle again, Freddie?

Though I agree, the OP does seem distinctly unfortunate in her choice of friends and colleagues.

mermaid85

lol I would say in the friend coz I know if colleague was told he would do something to sort it out... I just don't think it's really his place to as he asked me to check it was all working, which I did (although not very well) and had it not been was willing to pick it up (from around 30 miles away) and give my money back in full.

zootscoot

In relation to the friend and the colleague, you can not rely on the sale of goods act to get money back from her as s.14 relating to satisfactory quality only applies to goods sold in the course of a business. See here for further info:

http://www.e-lawresources.co.uk/Statutory-implied-terms.php

They may however, still be covered by the manufacturers warranty which you should be able to enforce without involving your friend as it is not dependant upon any contract.

renegade

Moral here: Never buy from friends!