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    Taking a user on here to small claims - reckon i've been reasonable enough...?

    Ok.. Gonna keep this vague.

    I purchased something off someone.. Quite an expensive item.. Was not in warranty so we arranged as part of the purchase, he would provide a 6 month personal warranty.

    I knocked up an agreement in writing, pretty cast iron if i ever wanted to take this to small claims court.

    Anyway this was all almost 2 months ago it arrived slightly faulty. I was promised by the seller hed sort it as soon as possible.. 2 months later im still no closer to having it repaired.

    Ive been nothing but polite throughout waiting.. Since its dragging now ive had enough.. So told him i wanted some idea of how / when this was going to be sorted by this Saturday.

    He replied in a hostile manner saying im sorting it as fast as i can etc.. ye.. 2 months, youre superman mate.

    Anyway im now looking at just bunging in a small claims court application tomorrow morning.

    Reckon ive been reasonable enough? Or should i give him some more time.

    37 Comments

    do it fo teh lulz

    Banned

    TBH, it would say it's not cut and dried as a personal seller he is under no obligation to provide a warranty.
    It all depends on how the court interperet the agreement and if they deem it to be fair, I would of thought. But yes you have been more than patient.

    Do it.

    I'd give him another week. Not so much for his benefit, more just for yours, since it's quicker to do something out of court than in. Scan the papers and whatever you have in, and be straight enough with him, telling him that you were going to hand them in in the morning, but you're going to give him one last chance. A lot of people don't respond until they're on a last chance, so he might. Allow him seven days. If he fails you by then, go for it.

    Banned

    dont really think posting a thread here about another member who you may or may not be having issues with is gonna help anything tbh

    spammed

    1 word against another

    Original Poster

    tinkerbell28;5809690

    TBH, it would say it's not cut and dried as a personal seller he is under … TBH, it would say it's not cut and dried as a personal seller he is under no obligation to provide a warranty.It all depends on how the court interperet the agreement and if they deem it to be fair, I would of thought. But yes you have been more than patient.



    I made sure the agreement was very clear on what he was to provide – either a repair at his own cost or replacement of a similar tv of same size and specification.

    The agreements purpose was for him to provide a personal warranty, i wouldn’t agree the deal unless you agreed one. Which he did. So when he arrived he signs / dated / addressed the agreement as did i. Two copies also, one for him and one for me.

    Original Poster

    casparwhite;5809731

    dont really think posting a thread here about another member who you may … dont really think posting a thread here about another member who you may or may not be having issues with is gonna help anything tbhspammed1 word against another



    Posts are present in a thread and have messages regarding the issue.

    Banned

    spritey;5809746

    I made sure the agreement was very clear on what he was to provide – e … I made sure the agreement was very clear on what he was to provide – either a repair at his own cost or replacement of a similar tv of same size and specification.The agreements purpose was for him to provide a personal warranty, i wouldn’t agree the deal unless you agreed one. Which he did. So when he arrived he signs / dated / addressed the agreement as did i. Two copies also, one for him and one for me.



    Yes but it's down to a court to decide if it is fair or inforcable........they may decide he has no liability as it was second hand goods and it's buyer beware, who knows?

    Banned

    as you seems to have waited 2 months already .. go for it and keep us updated

    Banned

    you make up all the agreements then come on here to ask others if you shoudl or shouldnt give him more time, i think you already know the answer

    Original Poster

    tinkerbell28;5809765

    Yes but it's down to a court to decide if it is fair or … Yes but it's down to a court to decide if it is fair or inforcable........they may decide he has no liability as it was second hand goods and it's buyer beware, who knows?



    It’s possible. But i think the agreement is pretty solid. Simple repair and replacement agreement which did not include screen burn or accidental damage.

    Original Poster

    sassie;5809792

    you make up all the agreements then come on here to ask others if you … you make up all the agreements then come on here to ask others if you shoudl or shouldnt give him more time, i think you already know the answer



    Well i didn’t know whether i should wait a bit longer, to be fair

    Banned

    spritey;5809794

    It’s possible. But i think the agreement is pretty solid. Simple repair a … It’s possible. But i think the agreement is pretty solid. Simple repair and replacement agreement which did not include screen burn or accidental damage.



    You won't know that until a court looks at it, so if you are going to file, you have waited enough time.
    Would it be actually worth, asking say TS, or the CAB where you may stand first, incase the court do decide it's unenforcable and you end up landed with his costs too?

    Banned

    spritey;5809806

    Well i didn’t know whether i should wait a bit longer, to be fair



    strike while the iron is hot .. stop faffing about

    Banned

    spritey;5809806

    Well i didn’t know whether i should wait a bit longer, to be fair



    so you gonna make the decision made on hukd members - lol

    Original Poster

    sassie;5809820

    so you gonna make the decision made on hukd members - lol



    Not entirely – but it’s still good to check up on what route people would take considering the situation. Small claims court is quite serious – and he’ll be landed with quite a hefty bill considering the value of the item. Despite him being a nob about it all and not doing what he promised or agreed in writing, i still wanna approach the situation as reasonably as i can.

    Banned

    spritey;5809836

    Not entirely – but it’s still good to check up on what route people would … Not entirely – but it’s still good to check up on what route people would take considering the situation. Small claims court is quite serious – and he’ll be landed with quite a hefty bill considering the value of the item. Despite him being a nob about it all and not doing what he promised or agreed in writing, i still wanna approach the situation as reasonably as i can.



    he could also end up with CCJ`s which can affect your credit score and that has a knock on effect

    Banned

    is this the telly you purchased, it was a dead cert what was gonna happen from day one, as you knew, hence the agreements made or am i thinking of wrong one

    Banned

    spritey;5809836

    Not entirely – but it’s still good to check up on what route people would … Not entirely – but it’s still good to check up on what route people would take considering the situation. Small claims court is quite serious – and he’ll be landed with quite a hefty bill considering the value of the item. Despite him being a nob about it all and not doing what he promised or agreed in writing, i still wanna approach the situation as reasonably as i can.


    Yes but would not be down to the way the court view the agreement, as to whether it's fair or inforcable :o, would you not want to get that checked first:thinking:
    dog_cop;5809862

    he could also end up with CCJ`s which can affect your credit score and … he could also end up with CCJ`s which can affect your credit score and that has a knock on effect



    True.

    even if you want to go to court asap shouldn't you at least give him until Saturday? I know it isn't likely hes going to give you some idea then, but in the email you sent him (regardless of his response) you did say you wanted some usefull info before SATURDAY.
    Completely upto you If you want to take it to SCC but I would at least let your own deadline pass before you put the application in.

    Banned

    I appreciate your in a quandary of which way to turn, but I really wonder if a public forum is the best place to air your concerns?

    I know there are one or two who are good with the issues with ebay etc and I would not hesitate to pm them for advice, but you know that some will end up jumping on this thread and trolling etc, plus the seller might take um bridge to it being discussed in this fashion, plus even keeping it vague, you might find a mod might not like the idea of an open debate with an issue from the for sale forum.. just a thought.

    perhaps choose your helpers by pm,?

    As some have said, even though you have, on paper, what looks like an agreement, it may be worthless, if it is deemed unfair, as unfair terms and conditions cannot be enforced. The fact you have been using the faulty item for two months will also be taken into consideration.

    The agreement may not be worth the paper it is written on. Small Claims is not a dead cert win in this case, and could well go either way, leaving you out of pocket.

    Banned

    dog_cop;5809947

    I appreciate your in a quandary of which way to turn, but I really wonder … I appreciate your in a quandary of which way to turn, but I really wonder if a public forum is the best place to air your concerns?I know there are one or two who are good with the issues with ebay etc and I would not hesitate to pm them for advice, but you know that some will end up jumping on this thread and trolling etc, plus the seller might take um bridge to it being discussed in this fashion, plus even keeping it vague, you might find a mod might not like the idea of an open debate with an issue from the for sale forum.. just a thought.perhaps choose your helpers by pm,?


    +1

    peodude;5809986

    As some have said, even though you have, on paper, what looks like an … As some have said, even though you have, on paper, what looks like an agreement, it may be worthless, if it is deemed unfair, as unfair terms and conditions cannot be enforced. The fact you have been using the faulty item for two months will also be taken into consideration. The agreement may not be worth the paper it is written on. Small Claims is not a dead cert win in this case, and could well go either way, leaving you out of pocket.



    I have tried to say....................:)

    Banned

    Adam2050;5809990

    Was it to do with … Was it to do with this?http://www.hotukdeals.com/item/414684/for-sale-samsung-50-1080p-plasma-ps/showthread.php?t=414684&page=4



    is your name holmes or closeau?

    Banned

    have you updated said thread, any problems your having should remain on said thread

    Banned

    sassie;5810039

    have you updated said thread, any problems your having should remain on … have you updated said thread, any problems your having should remain on said thread



    its locked

    dog_cop;5810044

    its locked



    If it is that said thread he can request it unlocked.

    Caspar whatever you want it to be

    Banned

    dog_cop;5810044

    its locked



    then the op should report it to be unlocked

    Original Poster

    Going to goto small claims court with this. Even with the thread of it he is just unwilling to make any effort to get this sorted.

    Spoke to CAB – seems like with the agreement i do have grounds for small claims court.

    Adam2050;5809990

    Was it to do with … Was it to do with this?http://www.hotukdeals.com/item/414684/for-sale-samsung-50-1080p-plasma-ps/showthread.php?t=414684&page=4



    If it is this one then it seems the seller proposed the main warranties of the contract....could be a point of interest

    Banned

    could i just ask what the seller agreed to do about this initially, as you seemed happy to have said thread locked even with this problem

    Original Poster

    It is that thread yes – i shall reopen it – although i didn’t really see what HDUK guys could do.

    spritey;5810074

    It is that thread yes – i shall reopen it – although i didn’t really see w … It is that thread yes – i shall reopen it – although i didn’t really see what HDUK guys could do.



    Just to get things straight whats wrong with the TV now? And what did the warranty include in the writing?

    If its the same fault described in the thread?

    Go round there with some rusty garden shears and cut his knackers off! :santa:

    Original Poster

    sassie;5810073

    could i just ask what the seller agreed to do about this initially, as … could i just ask what the seller agreed to do about this initially, as you seemed happy to have said thread locked even with this problem



    Well he turned up – nice chap – which is probably why i’ve been so patient and question small claims and whether to wait longer.

    Turned up with HDMI1 not working – could be a simple job – could be a whole mainboard replacement.

    Anyway – he promised to have it replaced ASAP – went on about how he knew a guy in charge of TV Engineers. He keeps shining me on saying he can’t get in contact with him

    Banned

    Thread closed.

    You are in contact with the seller so there seems little point in reopening the original thread. With possible legal action I don't think there's much point in the continuation of this thread either, although do please update us later on with the outcome.

    Good luck to you both, I hope you can resolve.

    Sorry, commenting is no longer available on this discussion.

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