Advice regarding making a Money Claim Online for goods
Discussion
Hi folks, just after a quick bit of advice.
I saw some front seats advertised on eBay and decided to see if the guy was open to offers. He was, but only knocked a tiny amount off for me as they were "in fantastic condition and already cheap enough".
I wasn't too fussed about buying outside of eBay because if they weren't right then I would just tell the guy thanks, but no thanks.
This is where the twist comes in.... I had somebody ask about buying an engine I had for sale. It just so happened that this person was from the same area as the seller of the seats and he offered to go and get them for me then bring them with him when he came up for the engine. As the location is around 180 miles away from me, that sounded like a good idea, and true to his word he brought them for me no problems.
Unfortunately, that means I didn't get to see them first and I went on good faith. I noticed that one of the bolsters had a bit of wear on it. The seller specifically told me there was no significant wear. I disagree with his opinion! The real problems however, started when I fitted the seats to the car. The passenger seat is perfect, but the driver's seat is knackered. The back rest has a huge amount of play in it when it is "locked" in place. I also found that the seatbelt warning indicator plug was cut off on the bottom of the seat! Additionally, the back rest and the base do not line up properly and the whole thing appears to be a bit twisted - it basically looks like a seat taken from a crashed car.
I've sent the guy a message and I have told him what I have discovered. I have asked him what he wants to do about it and told him that I am happy to return them, subject to my costs being covered but I am also happy to accept a 50% refund in light of one seat being fine. It will be a pain trying to find just a driver's seat for sale, but never mind.
I think that's fairly reasonable and I am giving him 24 hours to respond to me. I am not going to chase him for a response. If he doesn't contact me I am going to go ahead and file a small claim online for the full cost of the seats. To be honest I just wanted to clarify my position and make sure I am not going to make a tit out of myself. I am assuming the messages I have from him about the condition will be admissible, regardless of them being via eBay?
Lesson learned as far as buying unseen items outside of eBay goes.
I saw some front seats advertised on eBay and decided to see if the guy was open to offers. He was, but only knocked a tiny amount off for me as they were "in fantastic condition and already cheap enough".
I wasn't too fussed about buying outside of eBay because if they weren't right then I would just tell the guy thanks, but no thanks.
This is where the twist comes in.... I had somebody ask about buying an engine I had for sale. It just so happened that this person was from the same area as the seller of the seats and he offered to go and get them for me then bring them with him when he came up for the engine. As the location is around 180 miles away from me, that sounded like a good idea, and true to his word he brought them for me no problems.
Unfortunately, that means I didn't get to see them first and I went on good faith. I noticed that one of the bolsters had a bit of wear on it. The seller specifically told me there was no significant wear. I disagree with his opinion! The real problems however, started when I fitted the seats to the car. The passenger seat is perfect, but the driver's seat is knackered. The back rest has a huge amount of play in it when it is "locked" in place. I also found that the seatbelt warning indicator plug was cut off on the bottom of the seat! Additionally, the back rest and the base do not line up properly and the whole thing appears to be a bit twisted - it basically looks like a seat taken from a crashed car.
I've sent the guy a message and I have told him what I have discovered. I have asked him what he wants to do about it and told him that I am happy to return them, subject to my costs being covered but I am also happy to accept a 50% refund in light of one seat being fine. It will be a pain trying to find just a driver's seat for sale, but never mind.
I think that's fairly reasonable and I am giving him 24 hours to respond to me. I am not going to chase him for a response. If he doesn't contact me I am going to go ahead and file a small claim online for the full cost of the seats. To be honest I just wanted to clarify my position and make sure I am not going to make a tit out of myself. I am assuming the messages I have from him about the condition will be admissible, regardless of them being via eBay?
Lesson learned as far as buying unseen items outside of eBay goes.
Sorry, you've misunderstood me; I was fully prepared to go and get them. It wouldn't have been a problem. I actually went down to Hemel Hempstead (from Leeds) to pick up a set of wheels that same weekend, so I have no issue travelling to get stuff. Just that the guy buying my engine offered to help and it made sense at the time.
As for the wear, that's debatable. It's very noticeable to me as all the material (suede) is bobbled and marked on the bolster in question. But that alone I can live with. It's the fact the connector has been chopped off - very clear to see - and the fact the seat is twisted and has lots of play in it.
I could accept he didn't know about the play in the seat if he bought these as they are to sell on, but surely you have a responsibility to know when you are telling a buyer they are in fantastic condition, no?
The crux of this is that I can accept that he might have been unaware and so offered the opportunity to talk this over with me and offer one of the aforementioned refunds, but if he doesn't respond then I have to assume he has no intention of playing ball and I am not prepared to accept being ripped off.
Hopefully that makes as much sense to you guys as it does me!
As for the wear, that's debatable. It's very noticeable to me as all the material (suede) is bobbled and marked on the bolster in question. But that alone I can live with. It's the fact the connector has been chopped off - very clear to see - and the fact the seat is twisted and has lots of play in it.
I could accept he didn't know about the play in the seat if he bought these as they are to sell on, but surely you have a responsibility to know when you are telling a buyer they are in fantastic condition, no?
The crux of this is that I can accept that he might have been unaware and so offered the opportunity to talk this over with me and offer one of the aforementioned refunds, but if he doesn't respond then I have to assume he has no intention of playing ball and I am not prepared to accept being ripped off.
Hopefully that makes as much sense to you guys as it does me!
mikeveal said:
Based on what you've told us, I think you may have to chalk this one up to experience. I can imagine what you think, I'd be pissed too.
Basically, this is second hand goods privately traded between two individuals:
There are several folks on here more qualified to answer your question than I am. I'm sure one of 'em will pop his head in and verify or vilify my opinion soon.
I have messages between the two of us. I directly asked him if there was any wear on the bolsters and I asked if there was any wear anywhere else. He responded to me with "No there [sic] real tidy mate". Basically, this is second hand goods privately traded between two individuals:
- Did the seller deliberately misrepresent? Needs a clear statement from the seller that isn't open to interpretation.
- Can you prove it?
There are several folks on here more qualified to answer your question than I am. I'm sure one of 'em will pop his head in and verify or vilify my opinion soon.
Before that he had also told me they were "in real good nick". I'd be hugely disappointed if I didn't have a case based on that? It seems to me like blatant misrepresentation, but IANAL, hence me wanting to check here.
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