Private Sale On Facebook - Small Claims Court?

blackbat2

I purchased an Xbox One from a private seller on a local online Facebook Buy, Sell & Swap group on 26th November. It was advertised as good working order. We tried it out several times at home and over Christmas (it was a present for my 7 year old son) but it is clearly faulty. It freezes when trying to play games, load games or change settings and it has now become impossible to use it at all.


I contacted the seller on 14th January, after struggling with it for 5 weeks and several friends (also Xbox One users) had looked at it and confirmed it was faulty. At first the seller was willing to help and come to look at the console and offer a refund if not working, but then immediately changed his mind, became very unhelpful and refused to help or offer any refund at all. He then blocked all communication with me. He now has £160 of our money and we have a broken console. The original sale posting on Facebook has now been deleted. I have written to him, but he refuses any kind of help or refund. I have a copy of a text message from him stating the following:
"I can get someone to be in tomorrow when you come to see it, but it will most likely be my mum, who would have no idea how to diconnect it. Are you wanting it plugged in to show it obviously works or can I box it up for you ready for collection tomorrow and obviously if there are any problems, you can just let me know?"


Obviously this doesn't help my cause, as I simply collected the Xbox, as he was not there to demonstrate it, but did offer to help if there were any problems, which has now reneged on.
Would I have a good case if I went to the small claims court? Would it be worth the money? Would I be likely to win where "caveat emptor" applies? Would it be up to me to prove it was faulty when first bought? Is there any way in which I could recoup my money by persuing other avenues? The Administrator for the Facebook Group has told me that he has stated that "he is not accepting any responsibility and is willing to go to court"


I would appreciate your advice on this matter please, as to whether it is worth pursuing at a small claims court or via other means.

steampowered

The Consumer Rights Act doesn't apply if you are not buying from someone in the course of a business.

However the goods must still comply with their description. If they do not, that is a misrepresentation and/or a breach of contract.

If you were clearly told in writing that the Xbox was in working order, and it was not in working order, it sounds to me like you would have a strong case for proceeding with a small claim.

Do you have the seller's address? You would need to have an address for the seller to issue a claim through the moneyclaimonline system.

Billy_Bullocks

Have you got a copy of the advert?

blackbat2

Hi, thanks for your advice. The advert is what I'm struggling with, as I only have a copy of the photo he posted. He appears to have deleted his Facebook account and the sale post has been deleted from the Facebook Group, where it was advertisted.


I'm wondering if there is a way to recover this information on Facebook somehow, as it's the advert I need to proceed to the small claims court.

Bogalot

The problem you are going to have is that you didn't contact the seller for seven weeks. How are you going to prove the item was faulty at the time of purchase?

agrinnall

[STRIKE]Duplicate[/STRIKE] Related thread on the Techie board.

https://forums.moneysavingexpert.com/discussion/5588687

fewgroats

7 weeks is too long to claim for most retailers, I believe?

[Deleted User]

agrinnall wrote: »

Duplicate thread on the Techie board.

To be fair, the other thread is focused on the possibility of somehow retrieving the deleted Facebook listing.

Personally, I think Court and Facebook retrieval are not feasible options in this circumstance.

unholyangel

blackbat2 wrote: »

Hi, thanks for your advice. The advert is what I'm struggling with, as I only have a copy of the photo he posted. He appears to have deleted his Facebook account and the sale post has been deleted from the Facebook Group, where it was advertisted.


I'm wondering if there is a way to recover this information on Facebook somehow, as it's the advert I need to proceed to the small claims court.

You said he's blocked all communication, is there a possibility he has blocked you on facebook? If so the advert (and his account) may still be there, you just wont be able to see it while logged into your own account.

blackbat2

Thanks everyone for your opinions and advice, I think the best option is to see if it can be repaired/upgarded. Just a shame that some people are rather loathe to help after selling it. We'll go down the repair route.

pinkshoes

Given you collected it, you therefore have their address. Have you been back to the address to take the xbox back and ask for your money back, or ask them to prove it works without the fault?

At least the text proves the seller describes it as working...

Other than looking for a cached version of the FB page, then not sure how to see the advert again. You will just be blocked on his account, so open another FB account in a different name to view the seller.