Small Claims Court Viable?

Crazy_Jamie

arcon5 wrote:

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

Payment was sent via PayPal Gift, so he wouldn't be able to make a claim.

soolin

Keplar wrote: »

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.

I think sending someone a gift and then going to court to argue it was payment for a named item may well weaken your case.

mattyprice4004

All the information you need is in the answers given, no one can give you a percentage chance of the case going through in your favour or not.

I sell motherboards on a daily basis, and I'm going to say you have no case if it does work.

What exactly, EXACTLY is the fault, in detail?

Keplar

Its a 1155 socket motherboard for intel processors. Basically, one of the pins in the socket is bent. There are hundreds of these pins, however they cant be seen once processor is present and, its very unlikely that if the seller didnt do this damage himself that any-more else could have spotted it, without going close and taking a picture.

I would show a pic but I am unable to as new member.

ThumbRemote

I disagree with the above comments. I think you would almost certainly win a small claims court case; not under the sale of goods act but under contract law.

You paid for something in perfect condition. It is not in that condition. The other party has breached the contract and you are entitled to a full refund.

However, as others have suggested, it may be more money and effort to do this than it's worth. Can you get a pinout of the processor and see what that pin is used for? It might help find out what it will affect.

Keplar

Ok is it still a contract even if its done privately i.e personal transaction? Secondly the term perfect is subjective is it not? especially regarding a used product, so would this go against me? I must also ask, does the seller have a legal right to ask for the motherboard to be returned prior to giving a refund, as he has offered this on multiple occassions? If so could someone link to me this piece of legislation and are there any exceptions?

ThumbRemote

Keplar wrote: »

Ok is it still a contract even if its done privately i.e personal transaction? Secondly the term perfect is subjective is it not? especially regarding a used product, so would this go against me??

It's still a contract in a personal transaction. Irrespective of how you define 'perfect', the board is clearly imperfect due to the fault mentioned.

Keplar wrote: »

I must also ask, does the seller have a legal right to ask for the motherboard to be returned prior to giving a refund, as he has offered this on multiple occassions? If so could someone link to me this piece of legislation and are there any exceptions?

You mean they have offered a refund, and you've refused? Why? What on earth would you consider court action for if they've already offered a refund?

Send it back to them, recorded delivery, and take the refund.

Hintza

Keplar wrote: »

I must also ask, does the seller have a legal right to ask for the motherboard to be returned prior to giving a refund, as he has offered this on multiple occassions? If so could someone link to me this piece of legislation and are there any exceptions?

This just gets worse!

Of course you need to send it back for any refund otherwise you could just keep the money and the motherboard.

It sounds as if the seller is falling over himself to be helpful and you continue to talk about small claims court.

If you want your money back just send it back to him.

Why are you trying to make this more difficult than you have to?

fred7777

Keplar wrote: »

Ok is it still a contract even if its done privately i.e personal transaction?

Yes

Keplar wrote: »

Secondly the term perfect is subjective is it not?

Yes

Keplar wrote: »

especially regarding a used product, so would this go against me?

Yes. Many people would expect slight differences between new and perfect-used. In this case the item works, it has a bent pin on the socket but this doesn't stop it from working and won't in the future unless processors are repeatedly inserted and removed (which the socket isn't designed for anyway).

Keplar wrote: »

I must also ask, does the seller have a legal right to ask for the motherboard to be returned prior to giving a refund, as he has offered this on multiple occassions?

Yes

Based on what you have said here it appears the seller sold a perfectly good working motherboard, you are rejecting it due to a perceived fault which doesn't affect operation and the seller has already offered a refund.

Now I must ask, what outcome would you want from a small claims court?

ThumbRemote

fred7777 wrote: »

Yes. Many people would expect slight differences between new and perfect-used. In this case the item works, it has a bent pin on the socket but this doesn't stop it from working and won't in the future unless processors are repeatedly inserted and removed (which the socket isn't designed for anyway).

There is a difference between a minor, cosmetic issue and a bent pin on a piece of computer equipment. You don't know what that pin does; it might be unimportant but equally it might cause significant issues down the line.

If you bought a car described as 'perfect', and it had a substantial dent in the door, you'd want it sorting. The dent may not affect the ability to drive the car, but quite simply you haven't got what you ordered and paid for. It is no different here.