Small Claims Court Viable?

Keplar

Hello could I get some advice please.

I recently bought a used product on a forum marketplace, however I paid via paypal gift, the item arrived on time and packaged well, but there was a small imperfection on the product which doesn't seize it from working at present but could do in the future. The product cost me 95 pounds inclusive of delivery. I requested a refund as the seller, stated product to be in 'perfect condition', but the seller refuses to give me a refund as he claims that definition isn't to be taken strongly when buying used products and that I ultimately agreed to the sale initially.

Am I able to lodge a small claims case against the buyer under the ground that the item wasnt as described and thus falling under the 'sales of goods act' section 15 I think? Please if you could tell me what my rights are with regards to private transactions and using paypal gift as a payment method. For the record I dont care for the motherboard in working condition just the principles involved, so is a small claims dispute viable?

Many thanks guys.

Keplar

Hi guys, sorry for a bump, just curious to know if I would be successful in launching a case?

bris

Being a private sale you would struggle to win. As it's a motherboard, why would a small imperfection affect it, it will be unseen.
As for paypal gift, you have no way of doing a chargeback, so any hope would be with the small claims court, being a used product then you would have to take a little bit of wear and tear into consideration, so perfect for it's age may be a better description.
It would be a gamble whether the court would agree with you or not.

Keplar

Thanks , any other views on this

soolin

Even a win in small claims would not guarantee you any money back as if seller refused to pay you then you would have to spend more money getting the debt chased.

Can you not complain to the owners of the forum, if they allow selling between members they might be able to help.

lincroft1710

As the item is used but at present in good working order, I see little hope of a court agreeing you should have your money back.

The words "perfect condition" are subjective, as are "good condition".

Remember it's about £30 to lodge a claim and in the unlikely event of you winning, there's no guarantee the seller will actually give you your money back.

arcon5

Although i'm betting if you filed a PayPal claim they would conclude you are to return the item for a refund

Keplar

legally however where would I stand in terms of percentage of winning. Under the sale of goods act, do I have any protection? I basically need to know realistic chances of winning

Hintza

So you want to know the pecentage chance of a small claim based on could have, should have, would have on a second hand item? What proof do you have that this imperfection will potentially cause a problem.

If you are wanting cast iron SOGA etc then you really should buy new.

Keplar

hi hintza your feedback is appreciated. I'm still no closing if knowing that I am covered in the sales of goods act as it was publicly advertised however the deal was arrange via private message and payment was a paypal gift and I didn't say what the gift was for on the paypal message.

Crazy_Jamie

Section 14 of the Sale of Goods Act only applies where the sale is made in the course of a business. Given that most trading forums expressly prohibit business like trading, I'm guessing that's not the case here.

But irrespective, I don't think that section 14 of the Sale of Goods Act would necessarily assist anyway. Your issue is over whether or not the item was in 'perfect condition'. If the item was advertised as being in 'perfect condition' and it was not, then your action is in misrepresentation rather than the item not being fit for purpose. Indeed, as the item current does seem to be in working order, it does seem to be fit for purpose.

From what you've said so far I am not convinced that any claim would have reasonable prospects of success. It is unclear what exactly the risks are in relation to this imperfection, and why you think that it could cause problems in future. It seems be a rather tenuous issue from where I'm sitting, and if you bring a claim the burden will be on you to prove on the balance of probabilities that this imperfection is sufficient for the seller to have misrepresented the position with regards to the item being in 'perfect condition'. Whilst the word 'perfect' has been used, you were clearly aware that the item was second hand, and therefore it cannot be expected that it will be brand new in any event, unless that is explicitly stated.

I certainly wouldn't say that you have no prospects of success, but on the basis of what you've said so far I don't think this is worth pursuing by way of a claim. By the time you've paid the issue fee and the hearing fee, you will have spent more than the cost of the item in getting to trial, as well as spending time preparing for the case generally. Personally I'd simply say that that isn't worth it, especially when there is a decent chance that you could come away empty handed.