Business receipts and 'private sales'

JoeSaponic

bxboards wrote: »

That is great evidence for a Distance Sale though!

Indeed. And the point about his disclaimers, mentioned in my last post? Are they likely to give him 'an out'?

bxboards

JoeSaponic wrote: »

Indeed. And the point about his disclaimers, mentioned in my last post? Are they likely to give him 'an out'?

The seller has no outs at all. Disclaimers to deprive people of their statutory rights are not enforceable.

The facts are that this was a distance sale, by a business seller, and therefore you are full entitled to reject the goods for ANY reason within 7 working days of delivery. The court will only decide on those facts.

JoeSaponic

bxboards wrote: »

The seller has no outs at all. Disclaimers to deprive people of their statutory rights are not enforceable.

The facts are that this was a distance sale, by a business seller, and therefore you are full entitled to reject the goods for ANY reason within 7 working days of delivery. The court will only decide on those facts.

You should really take up law you know. Or have you....?

JoeSaponic

bxboards wrote: »

The seller has no outs at all. Disclaimers to deprive people of their statutory rights are not enforceable.

The facts are that this was a distance sale, by a business seller, and therefore you are full entitled to reject the goods for ANY reason within 7 working days of delivery. The court will only decide on those facts.

To be honest I rather thought it was when money changes hands that a contract is agreed.

I suppose consumer law comes outside the provisions of legal aid?

soolin

JoeSaponic wrote: »

To be honest I rather thought it was when money changes hands that a contract is agreed.

I suppose consumer law comes outside the provisions of legal aid?

You won't get legal aid on this.

Also even if you travel to the court and win, that is not an automatic 'get your money back' situation. You may have to further apply to get monies collected.

Winning at small claims is not guaranteed, and if you do please be prepared to still have to chase your money.

JoeSaponic

soolin wrote: »

You won't get legal aid on this.

Also even if you travel to the court and win, that is not an automatic 'get your money back' situation. You may have to further apply to get monies collected.

Winning at small claims is not guaranteed, and if you do please be prepared to still have to chase your money.

I think it would have to be small claims in the end. I don't have the resources to employ a solicitor for a criminal case [fraud or deception].

Adverse judgements in American small claims courts have a direct impact on credit rating. Does that apply here does anyone know?

Also is this 30 minutes free legal advice available over the phone or, again, does it require me to be there in person [it probably wouldn't take more than a few of those minutes anyway to find out where I stand, especially with prepared questions]? Thanks again.

soolin

JoeSaponic wrote: »

I think it would have to be small claims in the end. I don't have the resources to employ a solicitor for a criminal case [fraud or deception].

Adverse judgements in American small claims courts have a direct impact on credit rating. Does that apply here does anyone know?

Also is this 30 minutes free legal advice available over the phone or, again, does it require me to be there in person [it probably wouldn't take more than a few of those minutes anyway to find out where I stand, especially with prepared questions]? Thanks again.

The 30 minutes free is a service that a few solicitors offer, it will vary between companies and it is not necessarily something they all offer. You would need to look in your local papers or online to see if any can do this for you over the phone.

lindseykim13

Sorry to have not come back, I mention a letter before action which needs to be sent tracked to his house/business address as this sometimes scares a seller into sorting the situation out. If they think you are going to take them to court they are more likely to listen to a letter.
You can i 'think' do this yourself or a solicitor can do it for you for a small sum £10 or so i think. However i would be wary about taking it further than this as others have mentioned even if you win in court you still might never see your money thats a whole other kettle of fish.

dizzyrascal

Sorry to butt in but I thought there are a few things you should be aware of.
You should try and sort this out amicably without going to the small claims court if poss.
You would need to prove that he IS a business seller. If you can do that then the law is different if he is seen as a business seller as he would be expected to know what he is talking about. If he says it was a private sale (for whoever) then under English law it is "Buyer Beware".
Also. as you had time to see the computer before you parted with any money, it is assumed that you checked it over and accepted it.
You cannot claim solicitors fees for the small claims court. You will be expected to sort your own case out and you must attend to explain your case or the judge will find against you. Doesn't matter how good your claim is unless you turn up. Your seller would get a judgement by default. He would then be able to claim reasonable expenses from you.

A solicitors letter will cost a great deal more than £10, nearer a £100 as you will have to explain your case and have a meeting or two .

Finally, even if you get to the SCC you might get a district judge who doesn't really understand computers. I doubt that they will be interested in the technicalities you have discussed here. They will simply look at what the law says about this sale. DSR won't count as you had a chance to see the merchandise. You accepted a price and paid it willingly.
Sorry, but I didn't want you to get carried away with the impression that the court will be an easy route. It won't and you will have a fight on your hands that you may not win.

JoeSaponic

dizzyrascal wrote: »

Sorry to butt in but I thought there are a few things you should be aware of.
You should try and sort this out amicably without going to the small claims court if poss.
You would need to prove that he IS a business seller. If you can do that then the law is different if he is seen as a business seller as he would be expected to know what he is talking about. If he says it was a private sale (for whoever) then under English law it is "Buyer Beware".
Also. as you had time to see the computer before you parted with any money, it is assumed that you checked it over and accepted it.
You cannot claim solicitors fees for the small claims court. You will be expected to sort your own case out and you must attend to explain your case or the judge will find against you. Doesn't matter how good your claim is unless you turn up. Your seller would get a judgement by default. He would then be able to claim reasonable expenses from you.

A solicitors letter will cost a great deal more than £10, nearer a £100 as you will have to explain your case and have a meeting or two .

Finally, even if you get to the SCC you might get a district judge who doesn't really understand computers. I doubt that they will be interested in the technicalities you have discussed here. They will simply look at what the law says about this sale. DSR won't count as you had a chance to see the merchandise. You accepted a price and paid it willingly.
Sorry, but I didn't want you to get carried away with the impression that the court will be an easy route. It won't and you will have a fight on your hands that you may not win.

Well that's telling me. Thanks for this excellent post. You sound like you're talking from painful experience, but in any event it administers a brisk corrective to heightened expectation and is all the more useful for that. I'm grateful for your input.