Item bought from Gumtree not as described

TJ123

Hi,
I contacted a private seller about buying a wardrobe off Gumtree. They got back to me saying it was flat packed and all boxed up. When we went to collect it I asked if all of the instructions and screws to put the wardrobe together were in the boxes. The seller told me the wardrobe was brand new and had not been opened (even though the bottom of one of the boxes was not sealed) so all the original fixings were in the box. As we could not fit the boxes in my car I even paid the seller £10 to drop the boxes off to my address.

8 days later I have the time and some help to attempt to put the wardrobe together, it has no instructions, screws, hinges, door handles or anything I need to put it together. From the box I can see it was an Ikea wardrobe so managed to get the instructions on line and realised its missing over 30 bits and pieces and 4 shelves!!

Basically I've paid money for a few planks of wood. I've contacted the seller twice by text message but had no reply. I wondered if anyone could give me any advice on what my next step would be and if I have any legal rights? The ad has been taken off gumtree.

Thank you for your help/advice

ali3471

Buyer beware.

I'm afraid you will have to take this as an expensive lesson.

Never hand over cash until you have checked everything.

soolin

I would also check carefully that the pack 'should' have contained all of that. The fitting screws and instructions yes, but I've just had a complete Ikea wardrobe set fitted into a spare room and I had to buy all my shelves, handles etc seperately. basically all the boxes contained was the outer robe, screws and instructions.

Unfortunately unless you want to give small claims a try I think you may well be stuck here.

pulliptears

TJ123 wrote: »

Hi,
I contacted a private seller about buying a wardrobe off Gumtree. They got back to me saying it was flat packed and all boxed up. When we went to collect it I asked if all of the instructions and screws to put the wardrobe together were in the boxes. The seller told me the wardrobe was brand new and had not been opened (even though the bottom of one of the boxes was not sealed) so all the original fixings were in the box. As we could not fit the boxes in my car I even paid the seller £10 to drop the boxes off to my address.

8 days later I have the time and some help to attempt to put the wardrobe together, it has no instructions, screws, hinges, door handles or anything I need to put it together. From the box I can see it was an Ikea wardrobe so managed to get the instructions on line and realised its missing over 30 bits and pieces and 4 shelves!!

Basically I've paid money for a few planks of wood. I've contacted the seller twice by text message but had no reply. I wondered if anyone could give me any advice on what my next step would be and if I have any legal rights? The ad has been taken off gumtree.

Thank you for your help/advice

How was the wardrobe described? If it was described as a functional wardrobe and obviously isn't then you have rights.

Buyer beware is ridiculous advice, you still have rights in a private sale, its just more difficult to enforce them.

Do you have an address for the seller? If not search Gumtree for his phone number, if he's selling something else call him, pretend to be interested and get the address!

Keep a copy of the advert.

Send a letter, recorded delivery rejecting the wardrobe for the reasons given. Tell him that under the misdescriptions act 1967 goods should match the advertisement, which in this case they dont.

Where you go from there depends on how much you paid and whether its worth the hassle really. To take him to small claims will be an expense, with no guarantee of payment even if you win.

At this stage you've nothing to lose by blowing a bit of hot air his way.

TJ123

Thanks for the advice, the picture on the original ad was a fully functional wardrobe with shelves, handles etc so I thought that is what I would be getting but the ad has now disappeared of gumtree and I do not have a copy :-(

I do have the sellers address as I collected from his home, so I think a letter would be the best direction to take and I will check with Ikea if the fittings should have been included in the first place.

Thanks again

pulliptears

TJ123 wrote: »

Thanks for the advice, the picture on the original ad was a fully functional wardrobe with shelves, handles etc so I thought that is what I would be getting but the ad has now disappeared of gumtree and I do not have a copy :-(

I do have the sellers address as I collected from his home, so I think a letter would be the best direction to take and I will check with Ikea if the fittings should have been included in the first place.

Thanks again

Do Gumtree keep a copy? Im not familiar with how they work. You could perhaps find a cached copy of the ad as well?

Mindless_Clone

TJ123 wrote: »

Thanks for the advice, the picture on the original ad was a fully functional wardrobe with shelves, handles etc so I thought that is what I would be getting but the ad has now disappeared of gumtree and I do not have a copy :-(

I do have the sellers address as I collected from his home, so I think a letter would be the best direction to take and I will check with Ikea if the fittings should have been included in the first place.

Thanks again

It should be in the instructions if the handles etc. are included, although I don't think it matters whether Ikea include them or not really; if the seller listed it as complete / fully functional and used a picture of it as such, then that's what they should have sold you.

Whether it's worth pursuing or not really depends. Is it going to cost you more time, hassle and money to chase some kind of refund that you may or may not get, than it is to chalk it up to experience and go up the local hardware shop and buy the bits you need to complete it?

TJ123

Im not sure how gumtree would trace it as there was only a contact number and no name or email on the ad :-s

The fittings and shelves are included in a brand new wardrobe from Ikea so should have been inside the apparently unopened box. The wardrobe cost me £60 which may not seem alot to some people but it is for me and there is also the principle of one person taking advantage of another persons trust.

I really don't want to let this drop and will keep at it until I get a refund or the items needed to put the wardrobe together :-)

kev225

TJ123 wrote: »

I do have the sellers address as I collected from his home

Am I the only one who thinks it's moronic to scam people who know where you live?

Contains_Mild_Peril

kev225 wrote: »

Am I the only one who thinks it's moronic to scam people who know where you live?

It is rather. Perhaps it was a genuine mistake? That still doesn't really explain their lack of response to texts though. Maybe they're avoiding the issue because they already spent the money. I would try a polite but firm letter, and also consider if any alternative to a full refund would be acceptable: what if they phone and offer a partial refund for you to buy the necessary parts yourself? It may be useful to consider that scenario and have an answer ready.

pulliptears

Seller probably know that £60 is probably not worth taking to a small claims court sadly, unless you get the bit between your teeth and go at him through principal, but as I said earlier even winning is no guarantee of recompense.

It's a difficult one to judge, the law is almost certainly on your side through the misdescriptions act, but to prove that you'd need his original advert otherwise you are going to struggle.

Like I say its worth blowing a bit of hot air his way for the price of a couple of recorded letters. Send the first rejecting the goods and asking for a full refund to be organised with 14 days. If that is ignored send a letter before action (loads of templates online for those ) basically saying look, refund in 14 days or I'm taking you to court.

It may scare him, it may not but you have nothing to lose.

All I can say is for anyone buying any item from an advert is always keep a copy of the ad.