Any legal Beagles about?

lazylabs

Hi All,

Not sure this is the right place or not but after bit of legal advice on whether or not I'd have a case at the small claims court?

Overview: Bought an item from a Facebook selling page (public group page for people buying and selling items, bit like classified ads in newspaper but on facebook) Item was an electric ride on toy. Advert said "Just needed Charger".

I bought the item, then purchased a charger and charged the battery and item did not work. Tested the battery and all appears ok, not sure what else is wrong with it. I messaged the person and informed them that it doesn't work. They first offered me £20 and I could keep the toy. I said no as I didn't have the time to try and fix so we then agreed that I could take it back and they would give me my money back but I had to wait a week until they had the money as they had already spent it. So I waited a week and nothing, messaged them again and eventually they replied saying have family illness will sort in the week. Then nothing until then eventually blocked me. Now they are back in contact and saying it was sold as not working and they are refusing me my money back.

Do you think I would have a case in the small claims court?

I have copies of original advert and messages stating the refund has been agreed. Plus other messages proving the person lied to her own partner about the situation.

I know this sounds a little Jeremy Kyle but its more the principle of the thing now. I don't like being strung along and lied to.

Any views would be great especially from a legal point of view.

Many thanks in advance
Al

hollydays

How much was it?

lazylabs

hollydays wrote: »

How much was it?

Ah yes forgot that. It was £85.

pitkin2020

toughie, small claims court could end up costing you more than you'll actually get back and even if you win depending on their circumstances they could make a nominal payment per week/month to pay you back which could take forever. They could even stop paying you and you would have to go through it again.
However sometimes just the threat of small claims court can shake some people into dealing with it.

Out of curiosity you said you paid £85 for the toy, at the time would that have been a fair price to pay for a fully working one of the same or did you pay less than the current market value??
If you paid the current market value why did you do so without seeing the item working?

lazylabs

pitkin2020 wrote: »

toughie, small claims court could end up costing you more than you'll actually get back and even if you win depending on their circumstances they could make a nominal payment per week/month to pay you back which could take forever. They could even stop paying you and you would have to go through it again.
However sometimes just the threat of small claims court can shake some people into dealing with it.

Out of curiosity you said you paid £85 for the toy, at the time would that have been a fair price to pay for a fully working one of the same or did you pay less than the current market value??
If you paid the current market value why did you do so without seeing the item working?

If I was successful in the courts are the costs recovered as well?

Also if successful wouldn't I be able to get a court order so I could send in the bailiffs?

It was advertise at £100, the seller had also posted link to a new charger which was £15, I negotiated the price to £85.

Fully working ones are selling for £150ish sometimes more but this one had a couple of bits missing as well, they are £400 brand new.

I was unable to see the item working as there was no charger. So the battery was flat but was told it was last used in the summer. This all took place few weeks ago now. So not been used for 2 months max.

keyser666

lazylabs wrote: »

If I was successful in the courts are the costs recovered as well?

Also if successful wouldn't I be able to get a court order so I could send in the bailiffs?

It was advertise at £100, the seller had also posted link to a new charger which was £15, I negotiated the price to £85.

Fully working ones are selling for £150ish sometimes more but this one had a couple of bits missing as well, they are £400 brand new.

I was unable to see the item working as there was no charger. So the battery was flat but was told it was last used in the summer. This all took place few weeks ago now. So not been used for 2 months max.

The person has no money one week from the next and given excuses of family illness, chances of a bailiff getting anything other than a !!!!!! nappy from their front garden are zilch

dacouch

keyser666 wrote: »

The person has no money one week from the next and given excuses of family illness, chances of a bailiff getting anything other than a !!!!!! nappy from their front garden are zilch

Although there's a good chance the Bailiff could also recover a knackered fridge freezer and sofa from their front garden as well as the nappy

hollydays

When I look at facebook all the stuff on the selling page is very poor and or ridiculously overpriced, the kind of stuff you couldn't give away, sold by people who are barely literate..also known as TSFE ( too stupid for ebay) Buyer beware.
You could report them to Facebook, but you've made a very unwise purchase.

pitkin2020

lazylabs wrote: »

If I was successful in the courts are the costs recovered as well?

Also if successful wouldn't I be able to get a court order so I could send in the bailiffs?

It was advertise at £100, the seller had also posted link to a new charger which was £15, I negotiated the price to £85.

Fully working ones are selling for £150ish sometimes more but this one had a couple of bits missing as well, they are £400 brand new.

I was unable to see the item working as there was no charger. So the battery was flat but was told it was last used in the summer. This all took place few weeks ago now. So not been used for 2 months max.

yeah you could but depending on their circumstances they may only be able to pay you £1 a week, which with costs is going to take an age to pay back. After a few weeks if they stop paying you'll have to go back to court to get a bailiff involved at more expense which you'll have to pay initially. Even if you get a bailiff involved doesn't mean you'll get your money back as they have to have assets that can actually recover the debt.

I think the biggest issue is they told you it last worked in the summer, weeks/months prior to you buying it so it was basically untested. You've also bought it under the market value of working items because of that.

Bit late now but always test items if you don't its a punt, if it was being used in the summer they obviously had a charger why don't they have it now?

Have you looked at getting it repaired? it maybe a better route and discuss with the seller about getting that cost repaired, the softly softly approach maybe more beneficial to you and get some money maybe better than nothing at all.

Not what you to hear but its about choosing the right battles. Reporting them to facebook wont do anything, its nothing to with them however the admins on the selling page will usually like to know and quite often they will kick bad sellers off

pitkin2020

hollydays wrote: »

When I look at facebook all the stuff on the selling page is very poor and or ridiculously overpriced, the kind of stuff you couldn't give away, sold by people who are barely literate..also known as TSFE ( too stupid for ebay) Buyer beware.
You could report them to Facebook, but you've made a very unwise purchase.

maybe its the area you live in rather than all facebook for sale pages.
Just like ebay, gumtree, your local free ads, carboots there will always be some people selling tat but plenty of genuine sellers too.
One mans junk is another mans treasure

hollydays

pitkin2020 wrote: »

maybe its the area you live in rather than all facebook for sale pages.
Just like ebay, gumtree, your local free ads, carboots there will always be some people selling tat but plenty of genuine sellers too.
One mans junk is another mans treasure

I certainly haven't found gumtre and facebook a good medium to sell personally. I do sell on eBay quite a bit. I don't consider things like free ads or carboots or ebay anywhere near as troublesome as the other two.