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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47424
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi, I bought a second hand conservatory on ebay on the 10th

Customer Question

Hi, I bought a second hand conservatory on ebay on the 10th May 2012 for £1040, some parts are missing and it is not possible to build it.I have all the details about the seller, I sent him a mail asking to have my money back but he did not reply.
I would like to take a legal action to recover the costs.
To have a lawyer would be the best but to expensive.
Could I take juridical insurance to be helped?

Thank you for your advice.

Dany Signerin
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Was it bought from a business seller?

Customer:

When my buider was unable to erect the conservatory I had purchased, because the main roof support beam was missing, I telephoned the seller and he said he would look for the beam. Subsequently he telephoned to say he could not find the beam but would supply a complete alternative roof which he then delivered to my address. Unfortunately my builder was not present when the roof was delivered and therefore it was not checked as to dimensions. When my builder attempted to fit the replacement roof he discovered that it would not fit and concluded that it was a roof for a completely different conservatory. I have telephoned the seller and he does not return my calls, I have also e-mailed him asking him to collect the useless conservatory and extra roof and repay the sum paid for it, and again he does not reply. I would like assistance to recover the sum paid.

Ben Jones :

ok before we proceed just need to be clear that we cannot act for you in any way or help you with recovering the money - this is a Q&A site where I can explain the law and your legal rights and what you can do but it is for you to pursue the matter yourself or by formally engaging a solicitor, is that ok?

Customer:

I do know that, you are just telling me what I told you before, you did not help me and I refuse to pay you for such an answer!

Ben Jones :

I think you are confused - you initially asked for assistance to recover the money, all I said is that we cannot formally assist you with the recovery as this is just an advice site, we do not take clients to help them, and then asked you to let me know if you are ok with that and if you wanted to proceed on that basis?

Customer:

I wanted to know if I could have a help with a lawyer with low rates as I have a small income.

Ben Jones :

ok but this is what I wanted to clear up with you at the beginning - we cannot offer you any services where we act for you to take this matter further for you - all we can do is discuss the matter online and advise you of your legal position - if you wanted to get a lawyer to act for you then this is not something we can help with unfortunately

Customer:

Of course I could go to the County Court and do it myself but it is very long and difficult, in one word there nothing to help! I am really depressed!

Ben Jones :

Not here unfortunately - we do not take on clients, we just provide online advice

Customer:

So what do you advice? To have a lawyer or do it myself?!

Ben Jones :

you do not need a lawyer for this amount - you will be going to the small claims court with such a claim, this is aimed at individuals or small business who are not legally represented, the aim is to keep the costs down. If you get a lawyer then you cannot recover their costs even if you win so you will probably pay more for them than you will ever get back so I would not recommend you get a lawyer for this as the costs will just be too much in the circumstances, especially considering what you are hoping to recover

Customer:

Can I do it on line to the small claims court, please, and if so could I have the address.Thank you

Ben Jones :

It is done online (assuming you are only claiming money) - through www.moneyclaim.gov.uk

Customer:

Very well then, I shall do it, thank you, XXXXX XXXXX my answer but I am very upset about this!

Ben Jones :

I understand, it is not easy to face such situations especially if you are on low income

Customer:

Yes, I am retired, I know now that it is a big mistake to buy a second hand conservatory.

Ben Jones :

Well hindsight is great but not very useful, so the best thing to do is try to deal with the situation you are now facing, as described above

Customer:

Yes, I will, I hope that my children will help me, it is not easy.

Ben Jones :

it is not as bad ad you think (the claims process) - as mentioned the whole process is aimed at individuals with no legal representation so that anyone can do it if they need to

Customer:

Thank you, XXXXX XXXXX just told me how difficult it was and very long, and that if you make a mistake you had it

Ben Jones :

not at all, he may have been in the higher courts, or just had bad luck - they are reasonably flexible as you know you are not legally trained

Customer:

Very good, I shall do it.Thank you and good bye!

Ben Jones :

You are most welcome and best of luck

Ben Jones and other Law Specialists are ready to help you
Customer: replied 3 years ago.

I don't need anymore advice thank you, a friend is helping me!

Expert:  Ben Jones replied 3 years ago.
No problem, thanks