Please post your small claims stories with private individual sales

KarenStew88

Hi

I'm trying to do some research for a case in the small claims court against a private individual. I've discovered that there is a lot out there about small claims against businesses, but not about private sellers where the laws are quite different.

Anyone able to post their story and share what they learned, or wish they knew before they started?

Any tips with dealing with private individuals?

browneyedbazzi

If you care to share some details of your case we may be able to help you find relevant cases.

Bantex_2

The reason there are only a few is the most cases are a waste of time and money.

What are you trying to achieve.

wealdroam

browneyedbazzi wrote: »

If you care to share some details of your case we may be able to help you find relevant cases.

Her brother-in-law sold her husband a ring allegedly worth £25 for £3000... or something like that.

Lots of people have already advised her... see here:

https://forums.moneysavingexpert.com/discussion/comment/66462103#Comment_66462103

Master_Blaster

If as per the other thread he's spent the money, does he have any assets valued at £3000 should you win? If not why waste your time.

browneyedbazzi

The brother (who was not acting in the course of a business) sold a ring for the insurance value of it and described it as 18 carat gold (true) and a diamond (also true, although not of the quality the OP had hoped).

I can't see how a court is going to award the OP or her OH anything.

It's an expensive lesson - when buying something in a private sale you need to inspect it and make sure you are happy with it before purchase!

KarenStew88

Yes, the other posters have given details of my original claim.

More details have come to light - like he told us an incorrect carat size, it wasn't hallmarked so it can't be sold as 18carat and the value he gave us was both wrong and the paperwork states that it's not a valuation (yes, the jeweller was dodgy to start with).

I was looking for other posters to give advice. I've been to a lawyer who says I have a case by omission and deliberately misleading, but the only info I could find online was stuff like 'make sure you turn up on time...' and that's not helpful!

browneyedbazzi wrote: »

If you care to share some details of your case we may be able to help you find relevant cases.

wealdroam

KarenStew88 wrote: »

... it wasn't hallmarked so it can't be sold as 18carat...

You have already been told, was in on this thread or your other thread*, that's a problem of having two threads, that that is only pertinent if the seller is a trader.


*see post #38 on your other thread.