Gumtree purchase - item not as described

iwonap

Hi.
Trying to find someone who knows about law and consumer rights and can help me.

I was looking to buy a fish tank on gumtree. Found one, contacted a seller to get more details. According to what the seller said in her texts, it was meant to be a tank called Juwel Rio 300. I asked for the measurements to make sure it was really Juwel 300. She texted back with the measurements and I agreed to buy it.
The seller delivered it to my door. All looked fine; no scratches, no faults, generally good looking tank. I paid and off they went.
Next day I decided to double check the measurement and realized they were way different to the ones the seller got me. Eventually, after searching the internet - I found out that they sold me Juwel 240 instead of Juwel 300.
Contacted them immediately. They said they were more than 100% sure it was Juwel 300. After hours of conversation they admitted they had made mistake and actually they forgot what tank they were having.
The difference between these two tanks is about 100 liters which is a lot and I wouldnt have bought it if have known it was Juwel 240.

They refuse any refund or taking the tank back. They claim that I should have checked it before paying. OK, I should have.. But should they have given me right information? They cheated me and now saying it's all my fault.

Any help?
Can I still demand refund?? :think:

dalesrider

No.

As they say you should have checked before you paid.

No come back on sales such as this.

wealdroam

OP, you had the opportunity to inspect the goods before purchase.
You should've used this opportunity to confirm that the goods conformed to the advert.

Valli

You had the measurements prior to the purchase; assuming they were accurate you could have calculated the volume of the tank from them.

iwonap

Valli wrote: »

You had the measurements prior to the purchase; assuming they were accurate you could have calculated the volume of the tank from them.

The thing is the measurements they got me were totally WRONG - taken from completely different tank, not the one they were selling.

I do know I should have double checked. OK. But also shouldnt THEY put right, actual information texting me?

arcon5

You could have a case for misrepresentation had this not been such an obvious error. However, something like the size can easily be checked when inspecting the goods pre-purchase.

marty196

hope someone can help me.
i saw a motorcycle on gumtree. it was described as not needing much to get it up to scratch and the seller said only a lightbulb needs changing so i agreed to buy it if he could deliver which he agreed.
when he delivered it it seemed ok so i payed him.
as i tried to rectify the light problem i came across loads of problems not obvious before.
i contacted the seller but he has blocked my number and refused to help.
he said i agreed to buy the bike sold as seen which i did not. i agreed to buy a motorcycle as per the desription on gumtree.
i do hope i have some comeback.
please help.
thanks

Brooker_Dave

"not needing much to get it up to scratch"

Bike sold as having problems turned out to have problems?

CynicalScotsman

hope someone can help me.
i saw a motorcycle on gumtree. it was described as not needing much to get it up to scratch and the seller said only a lightbulb needs changing so i agreed to buy it if he could deliver which he agreed.
when he delivered it it seemed ok so i payed him.
as i tried to rectify the light problem i came across loads of problems not obvious before.
i contacted the seller but he has blocked my number and refused to help.
he said i agreed to buy the bike sold as seen which i did not. i agreed to buy a motorcycle as per the desription on gumtree.
i do hope i have some comeback.
please help.
thanks

Unfortunately, as it was a private sale you are covered with no real protection. As the faults were not obvious and the seller did say work was required I don't think you could take civil action (sue them).

shaun_from_Africa

I don't think you could take civil action (sue them).

There is no reason why legal action couldn't be brought against the seller, but taking action and actually winning are 2 different matters.

CynicalScotsman

There is no reason why legal action couldn't be brought against the seller, but taking action and actually winning are 2 different matters.

Thank-you for correcting my mistake :T