Private sale item misdescribed - is it worth filing a small claim?

InsideInsurance

lalalaliv wrote: »

Thanks for clarifying that for me, I did mean court fees. That makes me a little more inclined to file a claim but as you say she might not pay up. Although I have reason to believe she/he has the money - she told me she wasn't short of money and that she was going to get the money for me at first as she 'felt sorry for me', however she didn't tell me she was doign this, so after being routinely ignored by the man I text her to indicate that if I didn't receive any contact I would be taking further action. It was after that point she said I could forget about getting the money back, so she's basically just being spiteful and petty. I wonder if she may continue to be petty and not pay up even if I win the case.

Unfortunately this person has already proven that they have a propensity to lie so I wouldnt take their claims to have sufficient monies to be necessarily any more true than anything else they have said.

Even if they do have the money doesnt necessarily mean they are willing to pay.

I would do a little bit of background digging on them to get some sort of idea before spending money on courts.

powerful_Rogue

Personally id take them to the small claims court. Even if they couldn't afford to pay and I lost the £30 filing fee, it would still give me a sense of justice.

arcon5

Soga is designed for business to consumer sales not private sales.

There may be a case for misrepresentation though

unholyangel

arcon5 wrote: »

Soga is designed for business to consumer sales not private sales.

There may be a case for misrepresentation though

Not strictly true. It is designed for all contracts of sale of goods but much like a lot of it doesnt apply to b2b transactions, a lot of it doesnt apply to private sales.

This page explains it better than I probably can!
http://e-lawresources.co.uk/Statutory-implied-terms.php

However as goods do not match their description, OP would be covered (by the section of SoGA which states goods must match their description).