Can I take any action?

Kels_bells_2

Hi there, I'm new I wonder if anyone can help me with my rights in relation to a purchase please.

I bought a table and chairs, made to order after viewing a listing on eBay. As we wanted two extra chairs, seller sent us a PayPal invoice direct, not through Ebay listing I originally saw. The total cost was £595, which to us is a lot of money.

Table and chairs were delivered 3 weeks later by the seller himself. I noticed that one of the joins on the tabletop was more noticeable than all the others but figured that was part of a handmade table. Over the course of three weeks, the join got wider and wider and the table has split in two, right down the middle. I emailed the seller and asked if he could send us a replacement top at our expense, he refused and said he didn't guarantee his furniture. I asked if he could fix it at our expense to courier to him, there and back, he refused.

A local joiner assessed the table top and said the wood he has used is unseasoned and has therefore warped and may be a big job to fix and we would have to pay someone for a day's labour to fix.

I don't have any rights via eBay as he ended the listing (and we contacted him after 30 days anyhow). I opened a PayPal claim but that was unsuccessful as the table was made to order.

As we are left with a broken table so soon after purchase and for such a lot of money, is there anything we can do to recoup any money or get him to put right? Or is it a case of buyer beware?

Thanks so much. :-)

bris

You have the sale of goods act regardless of whether he guarantees the work or not. In this case write him a letter before action giving him 14 days to come up with a suitable remedy or you will take him to the small claims court.


With your report from a local joiner it will be an easy win. I would also call Paypal and explain the situation, made to order or not shouldn't exclude you from their claims process for faulty goods.

Shaka_Zulu

Tell him if doesn't fix it you will be chatting to HMRC!

Kels_bells_2

Thanks so much for your help. Will let you know if I am successful in resolving

Kels_Bells

Had to start a new user name as mine would work :-/

Further to your help about this, I phoned PayPal who said they would only consider a claim for an item not arriving or arriving damaged in delivery. Therefore the fact our table split 3 weeks later is not part of their claims criteria.

I therefore wrote the seller a letter asking them to remedy the situation within 14 days or I would take the matter to court. I know the letter was received by the individual as I sent it recorded and he signed his name. He has ignored the letter, as he has my previous emails.

Can I now take this direct to court, have I shown enough attempt at resolving of do I need to fulfil other attempts to resolve beforehand? My preference would be for it to be repaired or replaced but I imagine if I go through court I will have to go for partial refund?

How likely is this to be successful, am worried will be left with court costs as well as a table we need to pay to repair or replace?

Thanks for your advice, I'm grateful :-)

m0bov

Take lots of photos, keep copies of emails and letters, keep a copy of the joiners report. Under SOGA the goods must be of satisfactory quality and the work to a professional standard and done with due care and attention. Sounds like the workmanship was sub standard and the quality substandard.

You've done all you can, open up a case online moneyclaim.gov.uk and keep us up to date. also leave neg feedback on ebay to warn others.

pinkshoes

When you asked for a remedy, what did you ask for specifically?

A 'letter before action' needs to be direct and to the point.

Did you ask for a full refund and the table and chairs collecting? did you ask for a replacement? Did you get quotes for a repair and let them know the cost?

Did the expert that looked at it write a report that you sent along with your LBA?

Just trying to make sure you have done everything required before taking to court...

Kels_Bells

Ah no I wasn't specific as to remedy in my lba as I had already asked for a repair or replacement in previous emails which he had said no to even though I offered to pay for the delivery.

I didn't ask for a refund and collection as his eBay add did say no returns. I just said 'please reply with a suitable remedy within 14 days'.

I don't have a written joiner's report but I can easily get one and can ask for a quote for repair.

Should I email him one last time with the written report and ask him to refund the cost of repair or to repair himself otherwise will send to court or should I just open up the claim now as I think I have tried all avenues to resolve?

I have lots of photos, lots of which I have sent him.

Re eBay feedback, as he ended the listing I didn't buy via eBay so can't leave feedback. Funnily enough though all his other listings are on 'sale' reduced in price so don't know if he had a dodgy batch of timber.

Will keep you posted. Thanks a lot

pinkshoes

Kels_Bells wrote: »

Ah no I wasn't specific as to remedy in my lba as I had already asked for a repair or replacement in previous emails which he had said no to even though I offered to pay for the delivery.

I didn't ask for a refund and collection as his eBay add did say no returns. I just said 'please reply with a suitable remedy within 14 days'.

I don't have a written joiner's report but I can easily get one and can ask for a quote for repair.

Should I email him one last time with the written report and ask him to refund the cost of repair or to repair himself otherwise will send to court or should I just open up the claim now as I think I have tried all avenues to resolve?

I have lots of photos, lots of which I have sent him.

Re eBay feedback, as he ended the listing I didn't buy via eBay so can't leave feedback. Funnily enough though all his other listings are on 'sale' reduced in price so don't know if he had a dodgy batch of timber.

Will keep you posted. Thanks a lot

Do you have a postal address you can also send the LBA to? (In addition to an email, and getting proof of postage).


Definitely get a report saying the table is faulty.

I would write a final LBA enclosing the report and photos showing it is faulty, and state that as they refused to replace or fix the problem on <dates>, you are now giving them 21 days to collect all items and issue a full refund of <£x>. State that if they fail to do this, you will be taking immediate court action to get a full refund, as per your legal entitlement, as the goods are not fit for purpose.

Keep it factual and to the point.

arcon5

Shaka_Zulu wrote: »

Tell him if doesn't fix it you will be chatting to HMRC!

I didn't know HMRC fixed tables! No wonder they can never get our tax affairs right

wealdroam

arcon5 wrote: »

I didn't know HMRC fixed tables! No wonder they can never get our tax affairs right

Tax tables.