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  • FIRST POST
    • pickledstar
    • By pickledstar 6th Nov 12, 2:20 PM
    • 43Posts
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    pickledstar
    Help with a personal debt please
    • #1
    • 6th Nov 12, 2:20 PM
    Help with a personal debt please 6th Nov 12 at 2:20 PM
    15th September, I did a council house swap, now the lady who I swapped with, the area I really wanted and its very very rare for a council house to come up in that area...anyway I will get to the topic in hand... she was selling her sofa, bed and a few other bits, it was very precarious where she was calling all the shots on the swap (obviously we were desp to get into the house.) We work hard but don't have a lot of money, we have 3 kids!! ... anyway we agreed to buy her sofa (she asked 700, she said it was only 6 months old, cost her 2k and literally as new) we saw it when we visited but it wasn't then we were looking at the sofa to buy (obv looking at the house in a whole)... we said yes that would be lovely as we would have had to buy a new sofa anyway and THOUGHT that was the going rate for second hand sofa... after a few weeks I thought how are we going to find the money for it as my partners job didn't pay his wages (due to bumpy going to administration/getting bought by another company) so we struggled even more, I text her saying would you accept less for the sofa as I had done research and second hand they go for around 300/400. She got cross and said no way, they aren't the same one, hers was bigger/better etc... (we weren't over there in the new house so couldn't see it, and she had a go at us saying she is doing us a good deal blah blah and that she is happy to accept a payment plan so we can pay off the sofas.....We felt obliged to buy, basically we were being 'yes-people' to get over there in the new house!! Anyway... day of the move, we both swap houses, all we had money wise was 400 so gave her that. We moved in and was busy settling kids into their new school and sorting the house out. On inspecting the sofas, they aren't worth 700, they aren't 6 months old as a neighbour told me that this womans husband brought them from his flat when he moved in (they had been there 4 years, so basically the sofa must be 3/4 years old) I can probably do more research to see what age they are!! ... the seats under the cushions have collapsed in where the corner bit, you sit on and it leans where it has gone in, Also one of the scatter cushions has split and been repaired!!! I am really gutted, I feel awful that I have been ripped off to the tune of 700 and we still owe her 280, I don't know what to say to her as she is horribly confrontational!! How do I stand legally?! Do I stand anywhere seeing as its been a while.. we are stuggling so bad with money and my children come first, I just don't know what to do.

    The bed was also broken although useable but that was 150 and we sold her our 7ft table for 250 so that took money from the bed and some of the sofa. We also bought a curtain rail and 2 floating shelves from her for 30! Oh and also a broken garden set for 50.... mugs?! yes we were

    I hope this makes sense, I have just typed and typed and am really upset and stressed with it all!
Page 1
    • Caroline_a
    • By Caroline_a 6th Nov 12, 3:20 PM
    • 3,901 Posts
    • 10,750 Thanks
    Caroline_a
    • #2
    • 6th Nov 12, 3:20 PM
    • #2
    • 6th Nov 12, 3:20 PM
    The phrase caveat emptor comes to mind, or 'let the buyer beware'. How much do you still owe her? If I were you, send her a note saying that on further inspection you can see damage, etc and are not prepared to pay any more, and if she wants any more money you will consider that you have paid for x, y and z and she can come and collect the rest of it! Make sure that x, y and z are stuff that you want though!
    • McKneff
    • By McKneff 6th Nov 12, 3:22 PM
    • 36,725 Posts
    • 47,400 Thanks
    McKneff
    • #3
    • 6th Nov 12, 3:22 PM
    • #3
    • 6th Nov 12, 3:22 PM
    You need to accept the fact that you agreed and were quite happy to pay the price that the furniture was offered at. It really is as simple as that. You had the chance to inspect the furniture.

    It was second hand, you have no legal rights at all.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
    • McKneff
    • By McKneff 6th Nov 12, 3:26 PM
    • 36,725 Posts
    • 47,400 Thanks
    McKneff
    • #4
    • 6th Nov 12, 3:26 PM
    • #4
    • 6th Nov 12, 3:26 PM
    [QUOTE=Caroline_a;57040037]The phrase caveat emptor comes to mind, or 'let the buyer beware'. How much do you still owe her? If I were you, send her a note saying that on further inspection you can see damage, etc and are not prepared to pay any more, and if she wants any more money you will consider that you have paid for x, y and z and she can come and collect the rest of it! Make sure that x, y and z are stuff that you want though![/QUOTE

    Buyer beware is the correct phrase, but if you follow though with the rest of this advice you are risking being taken to small claims court, she sounds as if she is the kind of person that would follow it through. Which will cost you even more money. I have no doubt she would win and you would end up paying court costs too.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
    • maninthestreet
    • By maninthestreet 6th Nov 12, 3:27 PM
    • 15,366 Posts
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    maninthestreet
    • #5
    • 6th Nov 12, 3:27 PM
    • #5
    • 6th Nov 12, 3:27 PM
    It's a private sale, so you don't have the same rights as if you bought from a retailer. However, as she told you the sofa was only 6 months old, but your new neighbour seems to know they are much older than that, you could star a claim against her for misrepresentation.
    "You were only supposed to blow the bl**dy doors off!!"
    • pickledstar
    • By pickledstar 6th Nov 12, 3:55 PM
    • 43 Posts
    • 16 Thanks
    pickledstar
    • #6
    • 6th Nov 12, 3:55 PM
    • #6
    • 6th Nov 12, 3:55 PM
    Thought that may well be the case! We didn't have a chance to view it before agreeing as when we viewed the house we were looking at the house rather then her stuff as she hadn't mentioned it then, it was via text and when I said could you send me a photo she said there was one on the home swapper website, with everything going on and the stress It wasn't possible to go and view properly, we thought they were decent honest people, turned out they aren't. I am usually so savvy with buying things too which makes it worse.

    1 hour before we were going to sign to swap, she was going to pull out of it (her bf told us a week after) so you can imagine how stressful it all was!!

    So basically I have to pay up and lump it, we owe 280, there is no chance of paying her right now with the job situation, she hasn't yet asked for the rest of it either, She also fell down the stairs a week after moving so ,, I know this sounds nasty... maybe....that was a lil bit of .... karma playing

    Thank you all for reading and for your advice
    • maninthestreet
    • By maninthestreet 6th Nov 12, 4:10 PM
    • 15,366 Posts
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    maninthestreet
    • #7
    • 6th Nov 12, 4:10 PM
    • #7
    • 6th Nov 12, 4:10 PM
    If you owe her 280, don't pay it!
    "You were only supposed to blow the bl**dy doors off!!"
    • pickledstar
    • By pickledstar 6th Nov 12, 4:23 PM
    • 43 Posts
    • 16 Thanks
    pickledstar
    • #8
    • 6th Nov 12, 4:23 PM
    • #8
    • 6th Nov 12, 4:23 PM
    how can I not? I am not a confrontational person or would have said something directly to her, just feel so awkward.

    She really doesn't need the money, she swapped houses with me, she has a large 3 storey house now and is turning one of the rooms into a 'walk in wardrobe' basically a dressing room.. has already bought 3 new sofas for 2 rooms etc... I know thats neither here nor there but you just look at people that would rip off a young family and why they would do it!
    • hcb42
    • By hcb42 6th Nov 12, 9:24 PM
    • 5,818 Posts
    • 3,538 Thanks
    hcb42
    • #9
    • 6th Nov 12, 9:24 PM
    • #9
    • 6th Nov 12, 9:24 PM
    She agreed a price with you, you accepted it, her financial situation and your family situation are irrelevant. You didnt have to buy them. Maybe she perceives they are worth more than they are, as she paid such a lot for them? You either need to renegotiate with her, and explain the breakages and mispresentation angle, or pay up, or dont pay up and see if she pursues you.
    • McKneff
    • By McKneff 6th Nov 12, 9:30 PM
    • 36,725 Posts
    • 47,400 Thanks
    McKneff
    [QUOTE=maninthestreet;57041275]If you owe her 280, don't pay it![/QUOTE


    ?????

    Small claims, no chance, owe more money, creidt file trashed.
    Dont be silly.

    If she owed it to you under the same circs, you would want it.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
    • pickledstar
    • By pickledstar 6th Nov 12, 9:57 PM
    • 43 Posts
    • 16 Thanks
    pickledstar
    [QUOTE=McKneff;57049745]
    If you owe her 280, don't pay it![/QUOTE

    If she owed it to you under the same circs, you would want it.
    Originally posted by maninthestreet
    Nah I wouldn't sell something as 6 months old when its clearly years old & damaged and hide it! That's the difference between a decent honest person!! Hence my whole dilema, I know the situations are irrelevant, that was just me rambling as its not fair, Just feel really hurt and annoyed as took her on face value!!! Expensive lesson learnt obviously! Thought I would sound out on here and see where I stood and as I suspected, not anywhere!
    • maninthestreet
    • By maninthestreet 7th Nov 12, 9:35 AM
    • 15,366 Posts
    • 13,945 Thanks
    maninthestreet
    [QUOTE=McKneff;57049745]
    If you owe her 280, don't pay it![/QUOTE


    ?????

    Small claims, no chance, owe more money, creidt file trashed.
    Dont be silly.

    If she owed it to you under the same circs, you would want it.
    Originally posted by maninthestreet
    The vendor has knowingly mis-described the sofa.
    The vendor is unlikely to go to small claims court as a result.
    "You were only supposed to blow the bl**dy doors off!!"
  • 1abina
    I would photograph all the items with faults/breaks etc, and send her copies with a letter stating that you have become aware of these defects (state time), which you feel she may have forgotten to mention, subsequently you now want her to revise her prices, as clearly they are not fit for purpose, and you do not want your children or yourselves to be injured as a result. You cannot argue with proof
    suggest you call it quits. Good Luck..
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