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

Poppy9

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

So how come the chairs are water damaged if he collected them on first visit as I understood from your first post that the table and chairs were dumped outside the house but are you now saying only the table was?

Also 3 weeks is quite unreasonable after first attempt at collection. If I engaged a courier who turned up on arranged day and realised he needed more manpower to return by the next day at the latest.

taney

hermum wrote: »

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.

I agree...I booked this courier through "ANY VAN" website where different couriers bid and I have just looked at his last 2 feedbacks and the customers have been very unhappy with receiving damaged goods so now I'm also starting to think that it might be courier's fault.Also he hasn't got any proof.I asked him that why didnt he take pictures if goods were damaged or why did he pick items when he was not satisfied then he replied,'we don't do this'.The goods are insured during transit and since he hasn't got proof so should I open a claim against them?How should I proceed that?

taney

Poppy9 wrote: »

So how come the chairs are water damaged if he collected them on first visit as I understood from your first post that the table and chairs were dumped outside the house but are you now saying only the table was?

Also 3 weeks is quite unreasonable after first attempt at collection. If I engaged a courier who turned up on arranged day and realised he needed more manpower to return by the next day at the latest.

According to courier they had these stains when he collected them on first visit...it was the table which was dumped out as it was heavy to collect on 1st occasion...

Since the seller went on holiday so neither me nor the courier company was getting hold of him and that lead to 3weeks delay!

i don't know whom to believe

hermum

What is the seller saying about it?
How much did you pay?

Crowqueen

Try the LBA. You would have proof if the ad was still live, but perhaps the seller might not know that and be prepared to honour the spirit of the law if you make it clear that there might be repercussions. That would make any reasonable person think again.

Protection on items sold at a distance is quite good nowadays, since the economy has changed radically and one cannot really expect the law, or buyers' expectations to remain fixed in the dark ages. It would be a big lacuna in the law if there were absolutely no protection at all and would probably stop people buying so much online. In practice it's only worth it on expensive items but it remains a key part of any selling that the item should be as described. Most of the time that is obvious when you receive something, but even with things bought face-to-face you have the right to inspect them and return them if they are not suitable or damaged/faulty.

This sort of thing has spawned two 'sayings', 'let the cat out of the bag' and 'don't buy a pig in a poke' - so it's an obvious part of any selling activity that deception of the customer is not right or lawful.

If sellers want to sell their items at a distance, then they cannot expect to get away with this sort of shenanigan.

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.

Explains the behaviour, but does not absolve it. If you want to sell something, surely you should keep it in reasonable condition, so the buyer is happy with what they buy and doesn't come looking for a refund.

taney

Crowqueen wrote: »

Try the LBA. You would have proof if the ad was still live, but perhaps the seller might not know that and be prepared to honour the spirit of the law if you make it clear that there might be repercussions. That would make any reasonable person think again.

What is LBA??I have requested Gumtree if they can track the advertisment and forward it to me.The seller is completely refuting all claims and saying he has got pictures which he can send me as a proof

Haffiana

This 'go to court' advice is ridiculous. What a bunch of keyboard warriors this forum becomes when it is someone else with the problem.

First of all, CONTACT the seller. You cannot under any circumstance in an English court of law issue proceedings without having made all efforts to resolve the issue first and that includes letting the seller know that you are unhappy. And quite apart from the law, it is just plain common sense.

Secondly, you yourself have no evidence whatsoever about the original condition of the item as you did not inspect it.

Thirdly, the events as described by the courier do not make sense. Why did the courier not arrange a specific time with the seller to go back? For all you know maybe the arrangement was in fact that the seller would leave the items outside as he was going away, and the courier simply failed to be there on the day they were left out. Perhaps the seller and the courier managed to get the table outside and no further because it was too heavy. Perhaps - anything. Speak to the seller.

And crowqueen, a little bit of googling would tell you the actual origin and specific meanings of the expressions 'pig in a poke' and 'let the cat out of the bag'. Anything else you would care to throw into the absolute confusion and incorrectness of your argument? What happened to giving advice only about what one actually knows about?

Crowqueen

I know the origins of those phrases stem from sellers often hiding the wrong items in the bag before people bought them. Google can give half-a-dozen meanings for sayings; but the one I heard suggests it comes from deceptive selling practices.

Look up the Sale of Goods Act. I think you'll find it illuminating, since it applies equally to distance selling as it does to selling face-to-face. Buyers have rights in law; if they didn't, things would be completely free-for-all and ecommerce would simply not work quite as well if they didn't.

I think you're the keyboard warrior - all the advice pertaining to business sellers is on the OFT website; but reading the legislation clearly points to its applicability to private sellers.

BTW sorry about the abbreviation. LBA = Letter before action.

Anyone interested in the actual law should probably read Consumer Direct or the OFT website rather than taking advice from a website. But it doesn't stop those who have read those sites giving advice, as the law is more substantial when dealing with private sellers than many realise.

Opinion is fine, but people here need to know what they can do, not what someone else thinks is fair. In this case the seller has behaved unreasonably, and buyer should really have some legal recourse as there is no exemption for private sellers that items sold at a distance - that is, using an internet site - under the Sale of Goods Act. Items only have to be as described - not fit for purpose or whatever that business sellers have to fulfil - but there is still some very scant protection that should really be utilised.

hermum

Crowqueen wrote: »

I know the origins of those phrases stem from sellers often hiding the wrong items in the bag before people bought them. Google can give half-a-dozen meanings for sayings; but the one I heard suggests it comes from deceptive selling practices.

Look up the Sale of Goods Act. I think you'll find it illuminating, since it applies equally to distance selling as it does to selling face-to-face. Buyers have rights in law; if they didn't, things would be completely free-for-all and ecommerce would simply not work quite as well if they didn't.

I think you're the keyboard warrior - all the advice pertaining to business sellers is on the OFT website; but reading the legislation clearly points to its applicability to private sellers.

BTW sorry about the abbreviation. LBA = Letter before action.

Anyone interested in the actual law should probably read Consumer Direct or the OFT website rather than taking advice from a website. But it doesn't stop those who have read those sites giving advice, as the law is more substantial when dealing with private sellers than many realise.

Opinion is fine, but people here need to know what they can do, not what someone else thinks is fair. In this case the seller has behaved unreasonably, and buyer should really have some legal recourse as there is no exemption for private sellers that items sold at a distance - that is, using an internet site - under the Sale of Goods Act. Items only have to be as described - not fit for purpose or whatever that business sellers have to fulfil - but there is still some very scant protection that should really be utilised.

You don't know whether the seller has acted unreasonably.
You don't know whether the courier failed to turn up when he said he would. He was obviously not a very good courier, to arrive without the manpower to shift what was obviously going to be a heavy table.
This could all be down to the incompetence of a courier.

soolin

I have read this thread with interest and actually wonder if perhaps the seller is being blamed wrongly. I think it would be hard to give actual advice where there are so many things wrong with the sale.

Firstly, why was courier not able to collect the first time, that is either the fault,of the buyer or of the courier, it's nothing at all to do with seller. Either buyer misrepresented the weight of the table or else the courier is a bit dim and thought he could lift an extremely heavy table without help. Seriously, how many people reading this would expect to be ale to pick up a large stone table and get it into a van on their own?

So, that error is Not down to seller. Then if seller wanted rid of it but was going on holiday what was planned then by buyer and courier ? Was seller contacted with a firm date for collection, we have no idea here whether courier did say anything to seller about being back 'tomorrow' pr something and to,leave the table out.

Op says courier is getting a few bad reviews, yet people are telling Op to sue the seller, I am not comfortable with this at all and wonder if we are missing parts of a story. OP arranged the courier the seller did not.

If this does go to small claims I would not be entirely sure that the OP would win.