Can she just do this?

pickledstar

Right... long story but to cut it short: I bought a sofa off someone for £700... she said I could pay in installments as I had said that I didn't want to buy it as I found one for sale for £400 which was the same .. she said it wasn't the same and I couldn't pull out now as we had a deal.. also I was swapping houses with her and she kept making us aware that she could pull out at anytime.. after a while of settling in the home with sofa I realised that is was in fact broken, she told us it was 6 months old at the time we was buying it so I have asked her for receipt so we can take it up with the sofa shop with their guarentee.. its been nearly 5 months now.. we have paid most off and just owe her the £280 ... now it was all nicey nice til I asked for a receipt ... now she has come down real hard and nasty saying I have to pay the £280 in cash by sunday or she will open a CCJ on me, I have never once refused to pay, nor was there any deadlines or amounts set up on how much and when I had to pay! All I have done is ask for receipt... now ... I have spoken to someone else who has said the sofa is more then 3/4 years old as it wasn't even hers originally!! I can see badly repaired sewing on it and the insides have come away from the framework!! Now obv all this damage is up to me to repair cos I was stupid enough to trust her... but my problem is she is sending text messages and lying about certain things, saying she has eye witnesses etc.. about certain things.. I feel so deflated as feel I have no leg to stand on yet have done nothing wrong! Like I said we haven't once refused to pay... so how can she take us to a ccj?! I have 3 young children and a lot of rubbish to deal with at the mo so this is really stressing me out!

just to add.... In my last letter to her I said can I have your bank details .. and she has refused saying its a cash deal and I need to take her £280 cash by sunday

visidigi

Personal deal involving no business whatsoever?

If so shes off her rocker.

unholyangel

Dont worry about the CCJ threat. Even if it went to court and you lost, you dont get a ccj registered against you unless you fail to pay within the time allocated by the courts (usually around 30 days).

As for the rest.....was anything in writing at all with regards to price, age/condition of the sofa or was it all verbal?

pickledstar

visidigi wrote: »

If so shes off her rocker.

I know that .. I have the displeasure of dealing with her, Can a single person not just open a ccj like that then? ... Esp as every bit of communication I have reiterated I am not refusing to pay!

I also am not going to pay cash as then I can't prove anything!!

She sent me a letter saying I have 7 days to pay the full amount or she will open a ccj.. I responded telling her the actual facts of the agreement and that we had only asked for the receipt to get the sofa fixed (bear in mind she is now saying its 7 months old and has never offered receipt ... yet I know its over 3/4 years old!!!)

I have read online she has to give me 14 days to respond before opening a court...

I am going to continue paying and just send £50 a month for 4 months then £40 for the 2 after that...

I know she has ripped me and my children off which is the worst part but know I have no leg to stand on! ...

pickledstar

unholyangel wrote: »

Dont worry about the CCJ threat. Even if it went to court and you lost, you dont get a ccj registered against you unless you fail to pay within the time allocated by the courts (usually around 30 days).

As for the rest.....was anything in writing at all with regards to price, age/condition of the sofa or was it all verbal?

Was all verbal however the last text message she sent me states that it was 7 months old when we bought it off her... and the letter I sent her said about her saying it was 6 months old at the time.. she is saying she has eye witnesses who were there when I went round asking about receipt and there was no mention of receipt...

bris

If she has mis represented the sofa then you can demand a refund, even in a private sale. You can refuse to pay and counter sue if it goes that far. Even with private sales you can not say something is what it isn't, in this case its not 6 months old.
In your case you can tell her to do one, if you feel up to it.

gregg1

bris wrote: »

If she has mis represented the sofa then you can demand a refund, even in a private sale. You can refuse to pay and counter sue if it goes that far. Even with private sales you can not say something is what it isn't, in this case its not 6 months old.
In your case you can tell her to do one, if you feel up to it.

This is good advice OP. Call her bluff. Tell her you are using the balance to pay for the repairs and if she wants to sue you then you will counter sue. Bet you won't see her for dust. Whatever you do, don't hand over any more cash.

tattycath

OP you were advised on a previous thread not to pay the balance
https://forums.moneysavingexpert.com/discussion/4272641
http://forums.moneysavingexpert.com/showpost.php?p=57248207&postcount=13

pickledstar

tattycath wrote: »

OP you were advised on a previous thread not to pay the balance
https://forums.moneysavingexpert.com/discussion/4272641
http://forums.moneysavingexpert.com/showpost.php?p=57248207&postcount=13

I wasn't advised on that one I was told to pay up...

I am literally at wits end here... I just need to know where I stand legally as nothing is clear!!

pickledstar

gregg1 wrote: »

This is good advice OP. Call her bluff. Tell her you are using the balance to pay for the repairs and if she wants to sue you then you will counter sue. Bet you won't see her for dust. Whatever you do, don't hand over any more cash.

In my last letter I quoted the fraudulent misrepresentation act 1967

her response was via text that it doesn't stand cos I haven't paid the full balance!

tattycath

pickledstar wrote: »

I wasn't advised on that one I was told to pay up...

I am literally at wits end here... I just need to know where I stand legally as nothing is clear!!

Someone on that thread said 'don't pay it' and someone else-the person I quoted said to take photos and point out all the faults to her and how you don't want the kids to get injured and then suggest you call it quits-which means you don't have to pay any more.-She can hardly take you to court for a mis-sold item of furniture, it will cost her money and will be a hassle she can do without.