Returning second hand part

Dick_Turpin99

Can someone advise the best course of action for this situation, please.

Basically I was looking to repair a radiator for an extremely old and rare tractor, the new cost was quite high and so called a breakers from Huddersfield area, the bloke said he had one he thought that would fit and was serviceable, I gave him model ser. no. age etc.

He raised the invoice, I paid by bank transfer because he didn't accept cards, the part arrived and low and behold it is different; not hugely different, but different enough not suitable for the machine I have.

So I have been calling him and his partner to try and get them to accept me returning it and a refund on the actual part cost; forgetting VAT & freight. Bearing in mind the total invoice value is 350 pounds.

It started off with "we don't want it back" to "let me think about it", "send me some pictures where its different" and now they aren't picking up any of their phones to me.

This has been going on now since early August and I am getting more and more frustrated, I still ended up having to get a new core from the rad firm.

Any suggestions, is it a loss or what next?

yangptangkipperbang

!!!!!!_Turpin99 wrote: »

the bloke said he had one he thought that would fit and was serviceable, I gave him model ser. no. age etc........................and behold it is different; not hugely different, but different enough not suitable for the machine I have

If it was that old/rare I think you would be hard pushed to find anyone who would guarantee (from a telephone call) that it was the correct/required item.
You may have difficulty in forcing him to refund in this case, he would have a good argument to say that he acted in good faith from the info you gave him.

"I said ...... He said............."

arcon5

yangptangkipperbang wrote: »

If it was that old/rare I think you would be hard pushed to find anyone who would guarantee (from a telephone call) that it was the correct/required item.
You may have difficulty in forcing him to refund in this case, he would have a good argument to say that he acted in good faith from the info you gave him.

"I said ...... He said............."

Sure they acted in good faith, unfortunately it didn't work out this time as they provided an incorrect part. Unless the engine has been changed to a non-standard and since op specified the machine it was to fit I see no reason a refund shouldn't be forthcoming.

Time to write insisting on a refund op. Then go from there

yangptangkipperbang

arcon5 wrote: »

Sure they acted in good faith, unfortunately it didn't work out this time as they provided an incorrect part.

They could say, quite justifiably, that from the information they were given, they supplied what they believed to be the correct part.

OlliesDad

yangptangkipperbang wrote: »

They could say, quite justifiably, that from the information they were given, they supplied what they believed to be the correct part.

If armed with the model serial number the sellers were unable to confirm 100% that the part was correct, they should have made the OP aware.

I was not aware that "We thought it was the right part" was a clause in the Sales of Goods Act...