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Private Sale On Facebook - Small Claims Court?

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  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 19 January 2017 at 4:07PM
    pinkshoes wrote: »
    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?
    I doubt the OP wants to go down this particular confrontational route, given the seller has already been contacted personally and subsequently blocked the OP online.

    Regardless. it sounds as if the item may even have been collected from the home of an elderly relative rather than that of the actual seller;
    blackbat2 wrote: »
    "I can get someone to be in tomorrow when you come to see it, but it will most likely be my mum"
    In which case, visiting the address would very likely be an even more frustrating experience than Facebook or E-Mail have so far been.
    Not everyone has the confidence to confront in person, of course.


    I agree with the Op's conclusion that paying for a repair might be the least hassle in the long run.
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Dont understand why you bought via facebook when you could have bought a used 1 from your local Game store.
  • Someone complains about a broken X Box 5 weeks after a 7 year old has been using it....I'm sorry, but I wouldn't be helping either.

    The time to check it was working properly is when you collected it. Who knows what abuse it could have had after then. I'm not saying it was abused, but it could have been.

    And as DCFC79 said, why wouldn't you just buy one off Amazon or Game if you had £160 to spend?
  • AmoUK
    AmoUK Posts: 32 Forumite
    edited 22 January 2017 at 12:16AM
    You said you didnt arrange to request return for several weeks.

    When did you FIRST identify a problem with the unit, and when did you FIRST report that to the Seller?

    If you took it on 26th November, and then made no further contact with the seller until some 7 weeks later, 14th January, then in my opinion it looks a weak case.

    Do you have written record (eg. email) of recording a fault or consulting a friend about faults/problems on particular dates? When was that?
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The problem is the 5 week delay, it would be taking a gamble as the first thing the claims court would want to know is why leave it so long.


    He says it was working fine and the reasonable person may very well agree to the passage of time involved. private sales are tricky as the item would only need to work when you receive it, plenty can go wrong in 5 weeks.
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Any news OP ?
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    The 5 week delay suggests that the goods were wrapped ready for Christmas and not opened/checked until then.

    That would be a reasonable assumption, and it's not unreasonable for such an action to occur.
  • Are you quite sure your 7 year old did not break it?
  • Bogalot
    Bogalot Posts: 1,102 Forumite
    DoaM wrote: »
    The 5 week delay suggests that the goods were wrapped ready for Christmas and not opened/checked until then.

    That would be a reasonable assumption, and it's not unreasonable for such an action to occur.

    The five week delay was actually seven weeks, plus OP states they had been struggling with it for that time, so not wrapped up unchecked.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Private sale... check goods thoroughly before parting with cash.
    You generally pay your cash take your chance.
    You have no advert, have let so much time to pass, you have no case at all!!

    Move on
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