damaged goods

timbstoke

You might need to do some research to check the appropriate jurisdiction before you issue court proceedings. If the sale was made under Scottish law, you'd need to sue him in a Scottish court.

percypoo

i dont know if seller living in scotland falls under scotlands juristiction or england, either way i have sent him a before action letter giving him 14 days to respond, the operations manager never rang me despite me ringing his office to be told he was on shop floor and was busy, i still cant believe i have to chase everything up, i paid my money and got a damaged engine, i just wished i lived closer to him so i could resolve everything.

DoaM

It wasn't Engine Engineering in Paisley, was it?

percypoo

he lives in wishaw postcode begining with ml

shaun_from_Africa

timbstoke wrote: »

You might need to do some research to check the appropriate jurisdiction before you issue court proceedings. If the sale was made under Scottish law, you'd need to sue him in a Scottish court.

As all of the Consumer rights act covers the whole of the UK (unlike the SOGA which had exclusions and differences for different parts of the UK), doesn't this mean that that if there is a breach of this legislation, the seller can be sued in a court anywhere in the UK?

ess0two

Was the shrink wrapping damaged in anyway?

percypoo

no damage to shrink wrap at all, i would of spotted it, it was wraped like a cocoon

ess0two

percypoo wrote: »

no damage to shrink wrap at all, i would of spotted it, it was wraped like a cocoon

Looks like damage prior to being wrapped then?could have been done by an employee who then kept quite about the damage?

macman

OP, you said 'it looked great'. Do you mean that you saw the engine before buying it, or at least that he sent you some pictures that showed it to be OK? If the answer to both questions is 'no', then it is quite possible that the damage was present all along.
How did he describe the condition of the engine in the ad?
Stop chasing the courier company-you have no contract with them. Your remedy, if any, is with the seller.
But it baffles me why anyone would buy a car engine from the other end of the country on Gumtree? Unless it's something very rare, could you not source it from a local breaker's yard or similar??

percypoo

picture of engine on gumtree looked great, he described it as good and would come with everything still on it inc gearbox, i could of sourced it from local breaker for twice the money without ancileries, i did what anyone else would do unless i had a money tree growing in the garden lol, im not chasing courier and sent seller a letter before court (,remedy if any) is with seller, are you saying i dont stand a chance.