Small Claims Court Viable?

fred7777

ThumbRemote wrote: »

You don't know what that pin does; it might be unimportant but equally it might cause significant issues down the line.

I believe based on the description and available information on this thread and on the internet on this type of mother board that I know exactly what the pin does and that it won't cause any issues.

ThumbRemote wrote: »

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.

I agree that in your example I would want it fixed but this case is much more like buying a car described as perfect then finding a dent in the air filter cover inside the engine compartment. In this case you would have a much harder time claiming it wasn't as described.

bris

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? a

The very small bit of sympathy I had for you op has now gone out the window. The seller has agreed to refund but you wont send it back, why not? Of course he has the right to ask for it back, he has the right to inspect it to verify your claim, you are now the one in the wrong and any small claims court would not uphold your claim, because you are the one holding up the refund.

Crazy_Jamie

ThumbRemote wrote: »

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.

The use of the pin and any potential problems it could cause is of course key. But if, as has been suggested, this bent pin will not make any difference going forwards, the prospects of the case succeeding would be lessened. If the bent pin is not going to cause any sort of issue in future, then a minor cosmetic issue is exactly what it is. What's more, it's a minor cosmetic issue in a piece of equipment that ordinarily is not bought for its aesthetics, which makes it distinct from the car example, where aesthetics do have a notable impact on value.

However, any discussion about this case seems to be somewhat moot now, as the OP has admitted that the third party has already offered a refund. Why the OP hasn't accepted that offer is known only to him, but he should certainly seek to accept it now.

Keplar

Hi guys I haven't accepted a refund, as I think the seller might keep both the motherboard and the money. Does he as a seller, have the right to request the motherboard back for inspection first, prior to giving a full refund? and if so will this make my claim to a small claims court void 100% if I refuse to send the motherboard back first without prior refund?this is my issue at current.

Hintza

Just ensure you post it back Special Delivery with sufficient insurance.

Keplar

thanks but in this case, I really need to know whether he has a legal right to request the item back first before refunding?

sjbrun

If you were the seller would you refund without receiving the item back?

Send it back recorded if he doesn't refund in a reasonable time then go to court.

Crazy_Jamie

Keplar wrote: »

Does he as a seller, have the right to request the motherboard back for inspection first, prior to giving a full refund? and if so will this make my claim to a small claims court void 100% if I refuse to send the motherboard back first without prior refund?this is my issue at current.

There is no legal right that I am aware of, but it is entirely reasonable to request the item be sent back first prior to issuing a refund to ensure that it is the same condition that it was delivered. If you refuse to do this and issue a claim on the basis that you want a refund first, not only will you almost certainly lose, but you also run the risk of a Judge finding that your conduct is unreasonable and potentially making an adverse costs order against you, depending on the costs incurred by the third party.

Just make sure the agreement to refund is in writing (e-mail is fine), and send the item back either special delivery or recorded so that you can show that it has arrived. If the seller does not issue a refund within a reasonable time, you can then issue a claim and will be in a very strong position.

arcon5

Keplar wrote: »

thanks but in this case, I really need to know whether he has a legal right to request the item back first before refunding?

Nor do you have a legal right to a refund without restoring the goods to the seller.

Keplar

so whos in the right? has to be someone right?