Private Seller - misleading sale, admits it, what can I do?

PNebb

Hi,

I bought a bed frame sold as super king size for £100 via Gumtree.
Communication was by text message, and I have screenshotted all of it.

I collected the bed and took it home, and realised it isn't Super King size, it's probably king size (seller denies), it measured 64 inches wide, and a super king is 72 inches.

It seemed a genuine error, as when I contacted the seller saying it was 64 and can they collect and refund they sent me a screenshot of a web page stating it was super king size, 6 feet. I replied 6 feet is 72 inches, not 64, and they went quiet.

Since then they have conceded it isn't the right size (again, all via text, all documented) but that I made a mistake collecting it without measuring, and without a receipt there's nothing I can do. Their advice was sell it on to someone else (they literally wrote 'we all make mistakes and in this case, you have, just sell it on to someone else' :rotfl: )

There is plenty of written evidence that the sale occurred, and they have conceded it is the wrong size. As a private seller they feel they are under no obligation to provide goods as described and it's 'sold as seen'. I have read in several places this isn't true, and even private sellers have to sell goods as described.

As it's such an open and shut case I can't see how it won't sail through a small claims court (again, I've got texts from them saying it's a super king size bed, 6 feet wide, and it's not, it's 64 inches, and they then basically say oh well tough)

Where it gets potentially tricky is they ended the correspondence by saying 'this is harrassment, you're bullying me and I'll report you to the police' - I made no threatening or belligerent or personal comments, I even said I was happy to return the bed at my own cost for a full refund, so they are just trying to play hard ball now.
I only have the seller's first name, their mobile number, and the address I collected the bed from (they said it was their parents')

My main queries are:
1) Address? - What can I do to acquire the proper contact details? Do I just address all correspondence to the premises at which the transaction too place? Are their parents' liable for hosting the sale?
2) Success? - If I go to small claims court, am I correct that private sellers are required to not sell goods under misleading pretences? If so, I think it's open and shut, it's all written down that they screwed up the size.
3) Payment? - Providing I go to court and get the court judgement, complete with fees, let's say it's £350 or so, what can I actually do to get that money if they refuse to pay it? (this is the worst part, as I imagine they can just stall forever) Will it affect their credit rating or something similar for not paying?

Thank you all in advance :beer:

DoaM

In private sales, the only legal aspects that apply are that the seller has good title to sell the goods, and the goods must be as described.
In this case it is the seller who has made an error (not you, the buyer), therefore you are legally entitled to return the goods for a refund.

Where are you getting £350 from? The claim value is what you paid £100 plus filing and (if it gets that far) hearing fees, plus limited expenses ... the latter 3 are unlikely to be near £250.

£25 filing fee
£25 hearing fee
£95 loss of earnings for attending court for the hearing

£145 + £100 = £245 total

Link to PDF of court fees

PNebb

Thanks for your reply. The £350 was because I had read its £255 to put in an application, maybe that's only if they contest though?

I am certain I have a valid case but if anyone can shed light on any of the other aspects I'd be grateful. If their parents deny knowledge or refuse to give information, I'm wondering what I can do...

Ms_Chocaholic

Can you not sell it on for the price you paid and save yourself some hassle. You could list it for sale and if it doesn't sell then start small claims action.

Have you tried googling the mobile number you have for the seller in case that reveals anything.

timbotambo

Ms_Chocaholic wrote: »

Can you not sell it on for the price you paid and save yourself some hassle. You could list it for sale and if it doesn't sell then start small claims action.

Have you tried googling the mobile number you have for the seller in case that reveals anything.

Agreed - enormous hassle for what the value is. May want to try returning the item to him first, assuming he has no means to collect from you.

PNebb

I have offered to return at my own cost and they refused.

I can try to sell on, but part of me gets annoyed that people get away with this behaviour and attitude.
Besides, it seems so open and shut a case, it shouldn't be too much hassle...should it?

steampowered

It is not entirely correct to say that goods sold by private sales must be 'as described'. This is an over simplification.

The law says as follows:
Where there is a contract for the sale of goods by description, there is an implied term that the goods will correspond with the description

To put that into English - the concept of goods needing to be 'as described' only applies where the sale is categorised as a 'sale by description'.

As you viewed the bed frame before buying it, this is not a 'sale by description'.

There is another part of law called 'misrepresentation'. But I think you would only have a misrepresentation claim in a case like this if you could prove that the seller was fraudulent, i.e. that they deliberately misdescribed the bed.

It doesn't sound worth pursuing to me.

PNebb

Thanks for your reply.

I find that rather disheartening because they've sold something clearly marked as a size that it's not.
But I would hate to sink money into it and have a judge say 'well you should have measured it' (bloody well should have and don't I know it, but the people seemed decent).

I don't understand why they've admitted it's the wrong size but still refusing to accept a return at my own cost. :mad:

Surely that is a slamdunk? :T

PNebb

Have googled the number, yields nothing useful

waamo

PNebb wrote: »

Thanks for your reply.

I find that rather disheartening because they've sold something clearly marked as a size that it's not.
But I would hate to sink money into it and have a judge say 'well you should have measured it' (bloody well should have and don't I know it, but the people seemed decent).

I don't understand why they've admitted it's the wrong size but still refusing to accept a return at my own cost. :mad:

Surely that is a slamdunk? :T

As has been pointed out this is far from a slam dunk. Even if it were you are then faced with forcing the other party to pay up. That is not always an easy task.

If they are adept at dodging debts you can end up even more out of pocket by paying for baliffs who walk away empty handed.

LABMAN

Getting your money back is neither an open and shut case or a slamdunk.