Page: 1 2 3

Advice re Legal rights with private sellers..... (27)

This post is on the Other BDSM web board.

7 Jun 09, 11:06 PM
CommanderBondage
3 yrs

yoda_dog wrote:
Ok, there's quite a few ifs here.

As far as I am aware (and I'm sure I'll be corrected if wrong):

If they are simply a private seller, then see a solicitor with the view to taking this to small claims court.

If they are selling this product *as new*, and are therefore a trader, statutory rights come into the situation, and you should have the item repaired, replaced or a refund. Therefore, trading standards would be the way forward.

Regardless, your best bet would be to go to the CAB to get full info, as they'll be much more au fait with consumer rights

Hope that helps!

Fitness for purpose, s14(3) If the buyer expressly or impliedly makes his purpose for the goods known to the seller, the seller is obliged to make sure the goods provided are fit for that purpose, if it is reasonable for the buyer to rely on the seller's expertise. An example of the application of this provision can be found in Godley v Perry[13]

Hope this helps...

The Commander

7 Jun 09, 11:07 PM
Dovetail
UK, 3 yrs

yoda_dog wrote:
If they are simply a private seller, then see a solicitor with the view to taking this to small claims court.

The primary function of the Small Claims process was to avoid the need for a solicitor for small claims. If you have to pay Solicitors fees plus the small claims costs it starts to eat away at the money you are trying to claim.

Either the court direct or the link given above will give the appropriate form.

In the past there was a great deal of helpful info with the form.

Good luck

7 Jun 09, 11:08 PM
BadWulf
UK(TA), 6 yrs

Worth pondering that if she is knocking them up as a private seller on the side, the threat of exposing her to the tax authorities might well focus her attention.

But ultimately small claims court is simple and straightforward, its very non-threatening and simple procedure from your perspective. certainly no need to involve solicitors whose costs you would not be able to reclaim.

John

My, what sharp teeth I have.

Edited 8 Jun 09, 9:58 AM by BadWulf

8 Jun 09, 5:39 PM
Susan_Williams
UK(CH), 3 yrs

You can even claim through the Small Claims court on-line if you wish.

https://www.moneyclaim.gov.uk/csmco2/index.jsp

You have to be absolutely sure you get all the details correct though. One small error in a date or a number could invalidate the claim.

Susan Williams

8 Jun 09, 6:05 PM
Lockey
UK(NW), 4 yrs

I'm not sure it's directly relevant here, but there's a little known instrument known as a garnishee IIRC.

I'm no expert but in laymans terms - if you can persuade a judge that you have a strong case, he grants it. The amount in dispute is legally frozen pending judgement. In other words, the defendant ( or their bank, if served there) , in this case, would be legally obliged to retain £400 available.

Great for pissing people off

" I'm sorry Miss scam merchant, but yes, you have £400 in your account, and no, we can't let you withdraw it"

I'd guess it's designed for corporate use mainly, ie:

"I'm sorry but we are unable to pay our liability to you of £10m"

"Right, and how much was the bonus your board voted itself yesterday?"

"...er....£10m...."

Probably not worth it for the sum concerned, I'd guess small claims, but it depends if you have your vindictive streak on.... and I know you usually do