Rights Against a Private Seller - Mis-described Goods

sqweek_2

I'm not holding out much hope here, but I'm curious what options may be available to me.

In short, these are the chain of events:-
- Saw ipad mini on Shpock local to my town

- fair price for spec which was described as 3g unlocked and retina display, and as local made contact

- checked again with seller that it was unlocked and retina display, confirmed by email.

- picked up item from what can be described as a very busy house, had a quick look at item which was still in its wrapper and was described as unwanted upgrade, so took it on spec that it was okay.

- should have checked the model number, turns out NOT retina

- discovered this when I turned it on, also, inserted data sim to find it locked to another network.

- contacted tmobile who confirmed the device was still registered to the seller and needed him to request unlock.

- Not happy about price paid for misdescribed item, contacted seller to ask for money back and had nothing but foul mouthed abuse and threats down the phone at me, and an obvious no you're not getting your money back.

- have stayed calm throughout, but as the guy was so abusive, would like to pursue out of principle; do I have any rights or is it really caveat emptor and no real hope?

- SOGA 1974 suggests even private sellers are accountable for accurate description.

- Is small claims court an option? Don't mind being a little more out of pocket out of principle.

bris

They are accountable but the problem you have is that it was available for inspection when collected in person, so it could be said you accepted it when you had the chance to look it over.

Normally descriptions are important on distance sales like ebay etc where there would be a cast iron case for misdescribed.

Tbh it could go either way so not a cut and dried case.

sqweek_2

Admittedly I could have checked the model number if I had it with me, but it is very small and not obvious on the box.

Checking the device was unlocked to all networks would not have been possible without a data sim.

Just feel duped

bris

I'm not saying you don't have a case, just that being a private sale is a bit more complicated.

A judge would still look at the hard facts and may very well decide that it was impractical to be able to do the testing required on collection because you couldn't have been expected to carry a data sim with you.

You would have a better case in this scenario rather than collecting a TV that could easily be turned on to check it works.

The judge is there to decide on probabilities too so it could be a winner, the thing is, do you think the value is worth the hassle or can you just get it unlocked and live with it.

Bantex_2

Trouble is that even if a court found in your favour, they do not collect the money for you.

sqweek_2

If I won, and he failed to comply with any order, would he end up with a CCJ?

That could be a good deterrent

Money-Saving-King

Can these things not be unlocked cheaply via eBay? might be an easier option?

meer53

Sell it and get some of your money back ? Whoever sold it to you probably wouldn't be too worried about a CCJ.

pinkshoes

You have the guy's address, so tell him you want a full refund, otherwise you will take him to court for a full refund plus expenses.

Use 192.com to try and confirm his address.