Refund issue, part exchange

[red_slr]

I am generally pretty up to speed with consumer rights etc but this is a new one on me so asking the wisdom of "you lot" here...

Its a bit long winded but just want to include the facts.

I purchased an item about 3 months ago from a supplier that is some distance from me. To keep things simple its £1500 new.

At the time of purchase I had another similar but used item which the seller offered me £500 for.

I agreed and I paid £1000 and left with the new item and they kept my old item.

Upon using the item it was not functioning correctly. I informed the seller and asked for some advice. I followed up on their advice and tried the item again a couple of weeks later and it was still not functioning correctly. I informed the seller.

They asked to see the item. I drove back (2.5 hr round trip) and the seller tested it and agreed it was not working. They did not know why. They asked if they could return it to the manufacturer. I agreed.

Weeks passed. I chased twice a week.

Finally last week put it to them that I want my money back after being told its not even been looked at yet by the manuf.

They said they would refund me £1000 and I can come back and collect my old item.

I don't want my old item, that's why I sold it to them and its been 3 months so who knows whats happened to it since plus I don't really want to drive all the way back to collect it only to then have to re-sell it again.

Where do I stand on this one?

Thanks!!

[KungFuPanda]

You're back to where you started which is where a Court would put you.

Why do you expect them now to buy your secondhand piece of apparatus from you if you are no longer buying the new item from them?

Distance between you and them is not their concern either.

[red_slr]

I would expect because I am a private individual selling an item to a business, its their business to buy these things and one would assume (probably wrongly) that they take these items in on a warts and all basis.

In that once they buy something, be it in cash or as PX they have bought it. (again I am probably wrong)

Looking at it the other way, if they had sold my item then what? I want it back, because their new item is defective.... and I want to be put back to where I started.... I assume I suck that up? In which case I guess you say they refund me the £1500.

[donkmeister]

KungFuPanda said:

You're back to where you started which is where a Court would put you.

This.

It gets complicated if they HAD sold or disposed of your old one (that does happen with cars and bikes) but the fact is they haven't.

The easy alternatives to try with them are
1) they source another widget under the terms of the original contract, they keep the £1000 and your old one, you get the new one.
2) you offer them your old one at <£500 - this might seem objectionable but they're not making a sale (hence profit) anymore so you can't reasonably expect them to give you £500 for it. Your benefit is that you don't have to find another buyer.

Edited to add: not knowing what item this is, is the one they want to return definitely the one you pxd? Serial number or unique item?

Edited by donkmeister on Saturday 21st April 12:16

[red_slr]

OK hairy muff.

I will have a chat with them, I just don't want to make a trip up there plus another trip to sell on again.

It is strange to me that they don't want my item, its their bread and butter stuff so its a bit like they are saying if I want my money back they will make it as difficult as possible. I know they will RRP my item for c.£900 so its hardly like they have had a bad deal out of it. Even after a smidge of prep and tax they stand to come out with £300, that's business and I get that hence why I took their deal for the easy life.

Oh well, you live and learn and all that.