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aibu to go to small claims court

(13 Posts)
furrybadger Wed 27-Mar-19 18:55:00

Ok so im not sure the best route to my situation but here goes.

DP bought some new alloy wheels and tyres secondhand for his car, he bought them from a woman apparently selling on behalf of her husband, they had taken the alloys of their new car a wheel after buying it and had them refurbed in november and then not been used since because they wanted bigger alloys supposedly.

DP went to look at the alloys all seemed fine, handed over £400 for them and brought them home, he put them on his car yesterday and took them to the garage to be balanced as the car was vibrating doing over 60MPH. DP got to the garage to be told that all 4 weeks are completely fucked and egg shaped.

DP messaged the woman that he bought the alloys of explained the situation and said he wants a full refund and she can have her alloys back, she is completely refusing saying its not her problem all this bullshit, that my DP shouldnt have bought them if they were buckled, who the fuck carrys around a wheel balancing machine in the boot of there car ?!

quite a few messages back and forward she is just being a complete CF, aibu to tell my DP to take her to the small claims court ? has anyone done this before and had success ? Currently out of pocket £400 with alloys that cant be used and having to fork out more money on getting new tyres for current alloys ! angry

Houseonahill Wed 27-Mar-19 19:07:42

You can threaten to take her and see if that makes her change her mind but tbh I don't think you would win. The laws are different when buying off an individual than a company. Google has a lot of information. Sorry this has happened though, can you not just put his old wheels back onfor now?

BarbedBloom Wed 27-Mar-19 19:09:53

I may be wrong but I thought when it comes to an individual, things are sold as seen. Hopefully someone more experienced can advise, but how annoying for you both

WWWWicked Wed 27-Mar-19 19:16:31

Private sale? Caveat emptor - buyer assumes the risk that the item may be defective.

AdobeWanKenobi Wed 27-Mar-19 19:28:59

What did the ad say? If it said 'excellent condition' there is a good chance of winning.
Caveat emptor is all well and good if the fault can be seen, in this case it can't and a private buyer cannot reasonably be expected to carry a wheel balancing machine with them.

I'd send a letter before action to start with. Make sure you save all copies of that advert! Head over to the Money Saving Expert Forums Consumer Rights section and they will help you draft a letter.

furrybadger Wed 27-Mar-19 19:57:54

have full screenshots of ad etc, said perfect condition, brand new refurb on alloys, no marks or defects !

will head over to money saving forums and have a look hopefully get some more info and get a letter sent

ReedBunting Wed 27-Mar-19 20:02:49

Phone citizens advice. Google their number. You may need to wait in a queue (i called a few weeks ago and was in hold for 45 mins before I got through) but they will give you excellent specific advice and also wording for letters.
HTH

Petalflowers Wed 27-Mar-19 20:07:30

Small claims court is all done online and is a fairly easy process. There will be initial costs which you can add to the total amount awarded.

honeylulu Wed 27-Mar-19 20:17:37

Solicitor here. I think you'd have a case as long as you've still got evidence of how advertised. But .... even if you get a judgment in your favour you may never see the money. it would fuck their credit rating

Cut and pasted from Google coz I'm lazy:
The only legal terms that cover a private salecontract are: Theseller must have the right to sell the item. The item should match the description given by theseller.

BlackSatinDancer Wed 27-Mar-19 20:31:17

Caveat Emptor - Let the buyer beware.

The buyer alone is responsible for making sure the goods are suitable. It's like saying 'Sold as seen'.

I could understand one of the alloys being buckled if a driver had an accident but all of them? I wonder if whoever did the refurb messed them up?

I suppose the threat of the small claims court could work. Ask for a refund and tell them to claim against whoever did the refurb, assuming it was a company. That way only the person who messed up loses out.

FenellaVelour Wed 27-Mar-19 20:38:10

*What did the ad say? If it said 'excellent condition' there is a good chance of winning.
Caveat emptor is all well and good if the fault can be seen, in this case it can't and a private buyer cannot reasonably be expected to carry a wheel balancing machine with them.

I'd send a letter before action to start with. Make sure you save all copies of that advert! Head over to the Money Saving Expert Forums Consumer Rights section and they will help you draft a letter.*

I used to be a consumer legal adviser with Trading Standards, admittedly going back ten years now so my consumer law knowledge is now rusty and outdated, but the above advice certainly was the position.

While consumer law (Sale of Goods Act as it was back then) did not apply to private sales, if the item had been misdescribed then the buyer had a claim. If they’ve made statements in the advert about the quality, you can rely on these statements in court to argue your case.

I’d start with a letter/email before action to the seller to give them a chance to rectify, as advised above.

AdobeWanKenobi Wed 27-Mar-19 22:03:17

have full screenshots of ad etc, said perfect condition, brand new refurb on alloys, no marks or defects

Consumer law has changed as Fenella states, but I think you might get somewhere with the misrepresentation act (assuming new consumer law doesn't override that)
You need proper legal advice really. Citizens Advice would be a start but as I said earlier a post on MSE or even the Speed, Plod and The Law bit on Pistonheads would be wise. Some excellent legal bods on the latter.

Itssosunnyout Thu 28-Mar-19 05:02:59

Contact citizens advice. This may fa under the consumer rights act as the item is faulty or not got for purpose. You should have a right to reject within 30 days and get a refund even with second hand goods. CAB have a draft letter you can use too.

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