Can i sue over private goods? advice needed please

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I was wondering whether it is possible to sue someone regarding private goods.

The other day i bought a laptop from someone, it was working ok, after a minute or two i paid for it and they left, then within half an hour it started acting up and it is faulty, there's two things wrong with it.

I was told by the seller via text message and via a message on a forum several times that they would refund me for the laptop etc only for them to keep going back on their word, they then accused me of doing things to the laptop which i felt was unacceptable.

What i want to know is, as the item is faulty and they offered me a refund several times can i sue them?

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  • G42
    G42 Posts: 198 Forumite
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    I was wondering whether it is possible to sue someone regarding private goods.

    The other day i bought a laptop from someone, it was working ok, after a minute or two i paid for it and they left, then within half an hour it started acting up and it is faulty, there's two things wrong with it.

    I was told by the seller via text message and via a message on a forum several times that they would refund me for the laptop etc only for them to keep going back on their word, they then accused me of doing things to the laptop which i felt was unacceptable.

    What i want to know is, as the item is faulty and they offered me a refund several times can i sue them?

    Half a story here. What are the two faults? What are you being accused of?
  • yorkshireguy_2
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    G42 wrote: »
    Half a story here. What are the two faults? What are you being accused of?

    Well basically, he came round, showed the laptop to my partner for a minute, it was paid for he left, not long after he left i sent him a message saying it was faulty as it kept cutting out and the lights on the front stopped working.

    I messaged him and he said to try a few things but they didn't work, eventually he offered a refund but then refused as he said you could have done anything to it, i said i haven't done anything to it, then he refused to give me a refund.

    I got another message from him the next day saying he would refund, only to then accuse me of tampering with it again, then yet again he went back on his word of a refund and i said i would take it to court, he said go on then.

    He then offered to refund again before again refusing to do so.

    I have been trying to resolve the situation with them, then they accused me of harassment which i felt was ridiculous.

    He said i cannot prove that he offered a refund, but i can i have messages on my mobile and from him on a forum proving this so would that go in my favour?
  • G42
    G42 Posts: 198 Forumite
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    Problem seems to be that the laptop was bought without being properly checked but on the good side you have evidence of an undertaking to make a refund by way of mobile and forum posting. The fact that the seller doesn't appreciate this tends to suggest that he's not very bright. The timing of your first request for a refund is crucial but from what you say it was made very soon after the purchase which again is in your favour. If I were you I would put in writing to him that unless the promised refund is made you intend setting in motion a claim against him.

    Don't know how successful it will be as the goods are secondhand and should have been checked out properly but you never know, the threat of legal action might be enough. If you do go down that route then this could help.

    https://www.moneyclaim.gov.uk/csmco/index.jsp

    This other site might also help you.
    http://www.consumeractiongroup.co.uk
  • yorkshireguy_2
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    G42 wrote: »
    Problem seems to be that the laptop was bought without being properly checked but on the good side you have evidence of an undertaking to make a refund by way of mobile and forum posting. The fact that the seller doesn't appreciate this tends to suggest that he's not very bright. The timing of your first request for a refund is crucial but from what you say it was made very soon after the purchase which again is in your favour. If I were you I would put in writing to him that unless the promised refund is made you intend setting in motion a claim against him.

    Don't know how successful it will be as the goods are secondhand and should have been checked out properly but you never know, the threat of legal action might be enough. If you do go down that route then this could help.

    https://www.moneyclaim.gov.uk/csmco/index.jsp

    This other site might also help you.
    http://www.consumeractiongroup.co.uk

    Thank you for your reply, well i have already told him that i intend to take him to court over the matter but he's not worried about that, he just says go on then, and he said you won't win, i don't know if he believes i would take him to court but i would if i thought i had a good chance of winning.

    So the threat of legal action hasn't done me any favours but maybe he would pay up once i have issued proceedings?
  • real1314
    real1314 Posts: 4,432 Forumite
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    Well basically, he came round, showed the laptop to my partner for a minute, it was paid for he left, not long after he left i sent him a message saying it was faulty as it kept cutting out and the lights on the front stopped working.


    Sorry, I'm confused about this fault - it kept cutting out AND the lights on the front stopped working?
    When you say "cut out" do you mean it went off completely and instantly? 'cos if that happened, why wouldn't the lights go off too anyway?

    any other clues as to what the fault is? Does it do anything now? Are you using it plugged into the mains or from battery?

    How much did you pay for it, how old is it, what sort of model is it?
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