GETMEIN Ticket disputed

unholyangel

fleshandbone wrote: »

Have you read this thread?
The tickets were not faulty, the op shot them self in the foot by calling the venue who cancelled them due to being re sold...I repeat buyer bought at own risk.

Even in a private sale, you must have the right to sell the goods and they must be as described.

The seller did not have the right to sell the goods (ie transfer ownership) therefore the sale is invalid.

fleshandbone

The sale is not invalid because the OP was not forced against there will to buy them.
Pleading ignorance is not an excuse when buying after market tickets.

unholyangel

fleshandbone wrote: »

The sale is not invalid because the OP was not forced against there will to buy them.
Pleading ignorance is not an excuse when buying after market tickets.

12 Implied terms about title, etc.

(1)In a contract of sale, other than one to which subsection (3) below applies, there is an implied [F1term] on the part of the seller that in the case of a sale he has a right to sell the goods, and in the case of an agreement to sell he will have such a right at the time when the property is to pass.

...

(5A)As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition

Terms to the contract can either be conditions, warranties or innominate terms.

Conditions go to the heart of the contract and a breach of condition entitles the innocent party to repudiate the contract and claim any damages. Therefore not having the right to sell the goods is a breach of condition and allows OP to repudiate (unwind) the contract as if it never existed save for any rights in law to damages.

fleshandbone

unholyangel wrote: »

Terms to the contract can either be conditions, warranties or innominate terms.

Conditions go to the heart of the contract and a breach of condition entitles the innocent party to repudiate the contract and claim any damages. Therefore not having the right to sell the goods is a breach of condition and allows OP to repudiate (unwind) the contract as if it never existed save for any rights in law to damages.

You have been misguided. The OP purchased the tickets at there own risk.

unholyangel

fleshandbone wrote: »

You have been misguided. The OP purchased the tickets at there own risk.

You can keep repeating it as many times as you'd like. Your opinion does not overrule statute.

As I said, its a legal requirement they need to have the right to sell the goods. They didn't have that right. You cannot sell something which you have no legal right to sell. That should be self explanatory.

bod1467

Hi Devil Woman,
Don't bother arguing ... numpties drag you down to their level then beat you with experience.

fleshandbone

unholyangel wrote: »

You can keep repeating it as many times as you'd like. Your opinion does not overrule statute.

As I said, its a legal requirement they need to have the right to sell the goods. They didn't have that right. You cannot sell something which you have no legal right to sell. That should be self explanatory.

I would advise you study the T&C's

shaun_from_Africa

fleshandbone wrote: »

I would advise you study the T&C's

Do you mean the T&C's that I quoted in post #31?
The T&C's that the seller was clearly in breach of, therefore the sale was invalid as there was no legal right to sell the tickets.


By keeping on repeating the same argument without actually bothering to back up your point with any evidence doesn't help you win the argument.
It simply proves the point that you do not appear to have the slightest idea of UK consumer law, UK contract law or anything else for that matter.

fleshandbone

shaun_from_Africa wrote: »

Do you mean the T&C's that I quoted in post #31?
The T&C's that the seller was clearly in breach of, therefore the sale was invalid as there was no legal right to sell the tickets.


By keeping on repeating the same argument without actually bothering to back up your point with any evidence doesn't help you win the argument.
It simply proves the point that you do not appear to have the slightest idea of UK consumer law, UK contract law or anything else for that matter.

Cheers Shaun, good work :money:

JReacher1

You're going to have to launch a claim against the seller of the ticket not getmein. Its nothing to do with getmein.

Do you have the details of the seller so you can start proceedings?