Bespoke greenhouse, incorrect size - what are our rights?

[Deleted User]

My ex had a court case.., solicitor said we'd win. We lost. Barrister said we were always going to lose. Thing is, if we'd have known in advance where the case was weak we could have provided evidence.

You can NEVER be certain you will win. You can't get a Judge on a bad day, or someone who has made up his mind before you even turn up. It shouldn't happen but it does.

Please, for your own sake, be careful with attitude when you do speak in court. There seems to be a bit of a reaction to anyone who doesn't agree with you on here, when its actually just not necessary.

Don't misunderstand, I think you should get your money back. I agree the company seems to be a bad lot. But you just can't say its a guaranteed win.

deaston

deannatrois wrote: »

Don't misunderstand, I think you should get your money back. I agree the company seems to be a bad lot. But you just can't say its a guaranteed win.

Who knows what might happen (and we're aware if for some incredible reason we do lose, we've still got a greenhouse, albeit a rubbish one) but it's nice to see they couldn't point to any part of our case that looks weak.

I'm 100% confident.

deannatrois wrote: »

Thing is, if we'd have known in advance where the case was weak we could have provided evidence.

This is why I'm asking the question here now. I can't see any part of our case that's weak, but happy for anyone else to point to anything.

deannatrois wrote: »

Please, for your own sake, be careful with attitude when you do speak in court.

Thanks for the tip, I'll be sure to remember that (and it's something I've read before).

Deastons

photome wrote: »

would be good to know if the OP has had a resolution, considering they have continued to post on the forum but havent updated this thread

So it finally went to court, the people who made the greenhouse were there with their solicitor (we had a threatening letter a few days before court saying we'd be paying their £2,500-odd solicitors fees when we lost).

The judge took very little time to agree it was not the size we had expected, was not of satisfactory quality (for the price paid) and was not as described.

The nail in the coffin was when we pointed out the advert said they'd paint it in "any brand of paint you like". We requested a specific brand and they painted it in a colour-matched trade paint.

He awarded us a full refund and all our costs - around £5,000 in total. Along with the seller's solicitors fees, ignoring the law has been a costly mistake for them.

I'm glad I ignored a lot of the advice on here to take their £1,000 offer. And ignored people suggesting the judge would see it as buyer's remorse.

My advice to anyone in a similar situation, do your research and if you know you're right, don't let the other side bully you into giving-up.

The odd thing is that the seller still advertises the greenhouse on eBay using the photos he admitted were wrong and with the incorrect measurements. He clearly learned nothing.

harrys_dad

Thanks for the update. Please come back and tell us when (and if) you get the money.

Deastons

harrys_dad wrote: »

Thanks for the update. Please come back and tell us when (and if) you get the money.

We got the money a few days later. In fact, they paid too much. We've asked for their bank details to repay them the difference but they've never replied.

Pollycat

Deastons wrote: »

The odd thing is that the seller still advertises the greenhouse on eBay using the photos he admitted were wrong and with the incorrect measurements. He clearly learned nothing.

I wouldn't say that was 'odd'.
I'd say it was downright dishonest.

Is there any way you could report the listing to eBay?

Deastons

Pollycat wrote: »

I wouldn't say that was 'odd'.
I'd say it was downright dishonest.

Is there any way you could report the listing to eBay?

I'm pretty sure eBay won't care. When we first got the greenhouse and contacted eBay to make use of their 'buyer protection' system, they couldn't have been more unhelpful. And PayPal said they'd refund our money once we returned the faulty goods to the seller and provided PayPal with a tracking number! No amount of explaining that we couldn't pop a greenhouse in the post mattered.

The seller have also increased the price from £4000 to £5000. I guess that's their way of clawing back the £8000 they've lost.

sheramber

You could report then to Trading Standards

DoaM

I guess you forgot your old login details, hence the new forum account?

Deastons

DoaM wrote: »

I guess you forgot your old login details, hence the new forum account?

Correct. And the admins wouldn't reply to any of my emails, so I just rejoined in the end.