Ripped off on Gumtree - Is there anything I can do?

taney

Hi all, any kinda constructive help or advise would be greatly appreciated!

I purchased a marble dining tale via a gumtree advertisment from Aberdeen about a month ago.The seller was insistent that he"ll only allow the courier to take the table after the cheque gets cashed,so I sent him cheque,waited for the clearance and then booked the courier.When courier company went to collect it the table was very heavy and they need more assistance so they decided to come back later.Meanwhile the seller went on holiday and neither informed me nor courier.Courier company kept on trying to contact him but had no reply.Finally,they went to his house and the table was lying outside the house in open without any protection while the seller was not at home.Courier company took the table and in their notes marked down the damaged corner.Now when I have finally received the table it is certainly damaged which was not at all described in the advertisment.Moreover the dining chairs padding is also stained with water damage.Now the courier company doesnt take the blame and so is the seller but I am badly stung!!

Is there anything I can do? The guy has removed the advert. I have got his mobile number and house address. Can I recover my money anyway?who should I report to?

Any advice will be highly appreciated

Crowqueen

Yes - you can start legal proceedings against him in the small claims court if you have his name and full address.

It will cost £30 and there is no guarantee you will get your money back but it may prompt the seller into returning your money, given that a decision against him will effectively be a CCJ. You could try sending a letter by recorded delivery advising the seller you intend to take this action.

Try googling Moneyclaim Online - you don't need specialist legal advice to bring a claim; the seller is clearly in violation of the Sale of Goods Act which covers you even against private sellers, particularly on distance sales where the item is not as described/damaged.

kazem

for whats is worth i bought something off preloved for my granddaughter and paid instant bank transfer - and still havent received the good and dont think im going too either nor get a refund .Havent a clue were to start or whom to ask about being able to get my moneyb back after being ripped off.

brightonman123

best to only hand over payment when you see/collect goods..

taney

Crowqueen wrote: »

Yes - you can start legal proceedings against him in the small claims court if you have his name and full address.

It will cost £30 and there is no guarantee you will get your money back but it may prompt the seller into returning your money, given that a decision against him will effectively be a CCJ. You could try sending a letter by recorded delivery advising the seller you intend to take this action.

Try googling Moneyclaim Online - you don't need specialist legal advice to bring a claim; the seller is clearly in violation of the Sale of Goods Act which covers you even against private sellers, particularly on distance sales where the item is not as described/damaged.

Thanks for the advice...i"ll follow as per your guidance and will let you know of the outcome!

vax2002

County courts take a very dim view of people who buy goods they have not inspected and then try to claim back. Caveat Emptor is applied as a starting point to second hand goods and many circuit and district judges see it as a waste of the courts time.
Good luck.

Poppy9

vax2002 wrote: »

County courts take a very dim view of people who buy goods they have not inspected and then try to claim back. Caveat Emptor is applied as a starting point to second hand goods and many circuit and district judges see it as a waste of the courts time.
Good luck.

Times have changed and distance selling is now very common so many courts will take the view that buyers should be afforded protection.

However you do need evidence with regard to the alleged condition of items, i.e. original ad if described as immaculate/no damage.

Not clear from OP if the courier returned same day or days/weeks later. While the seller may have an obligation to keep the goods safe, he would have to inform you if he no longer intends to store your goods for you.

You do have the courier's report that notes damage so that will help your case, but you really need the original ad too describing condition.

taney

The problem is that seller is saying goods were perfectly fine and although he wasnt present at time of collection but there wasnt any damage.The courier doesnt have any proof in form of pictures that goods were damaged but because there wasn't anyone present at time of collection so he can say whatever he wants.Its just written on their own company paper work that corner chipped and poor condition.It took about 3weeks to arrange collection,however it got delivered after 2days of collection,so I dont know who to believe??

hermum

Before you issue court proceedings you have to send a letter before action, http://www.which.co.uk/consumer-rights/making-a-complaint/taking-a-dispute-to-the-small-claims-court/sample-letter/
I'm sure that you would need proof of the condition the table was in when you paid for it & the condition when it was collected. That may be difficult as the ad's gone & you didn't see the table. You may be able to find the adver in google cache.
Gumtree & Preloved are really designed as a face to face selling platform, you go look at the goods & hand the dosh over.
I'm not saying that the seller should have dumped the suite outside, however he probably sold it as he was getting new & needed it out of the room.
I wouldn't tell some random person that I was going on holiday & my house would be empty.
How many people did the courier go with to collect the table when he discovered that a marble table was heavy?

taney

hermum wrote: »

How many people did the courier go with to collect the table when he discovered that a marble table was heavy?

When the courier person went to collect for the first time,he found it too heavy so only collected chairs and said that next time he"ll get more people to give him a hand.I dont know how many people went to get the table on 2nd trip

hermum

taney wrote: »

When the courier person went to collect for the first time,he found it too heavy so only collected chairs and said that next time he"ll get more people to give him a hand.I dont know how many people went to get the table on 2nd trip

If the courier went alone, then I would consider him to be at least partly to blame. I would expect a minimum of 2 strong people to shift a marble table.