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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 793
Experience:  Solicitor with over 15 years experience.
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i sold a digger to a man last week for £8600 i told him there

Resolved Question:

i sold a digger to a man last week for £8600 i told him there was no warranty and no receipt given he is now saying he wants his money back and is taking me to trading standards can he do this
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello I am a solicitor with 20 years experience. I will try to answer this. Were you selling in the course of business? What does he say is wrong with the digger?

Customer:

yes i am abussiness and they are private users thats why i said sold as seen and no receipt he says theres all sorts wrong with it

Customer:

are u still online

LondonlawyerJ :

Yes I am still here. The wife called and wouldn't stop talking. If you have sold it in the course of business to a private buyer then it is a consumer sale and the usual consumer rights apply. Ie it must have been of satisfactory quality, as described and suitable for purpose.

Customer:

the machine was described to them as spares or repairs on the phone and they agreed to do a bank transfer and thats why i didnt receipt the item

LondonlawyerJ :

Spares or repairs meaning it doesn't function and is only useful for cannibailisation? If that was made clear then you should be OK.

Customer:

i transported the machine 300 miles if i was to refund them would they have to return the goods or do i have to collect

LondonlawyerJ :

That could be up for negotiations, but if you are returning goods because you accept they are sub-standard you may well have to do the transporting.

Customer:

can they actually take you to trading standards with no receipt of purchase

LondonlawyerJ :

Yes they could bring action. A receipt is evidence of sale and purchase but other evidence can be used. (eg their account, the fact they have the digger, the fact that they took money out of their account etc.)

Customer:

would i have to attend a county court even if i say it was sold as spares or repairs

LondonlawyerJ :

you would have to attend if they started the case but your defence would be that it was sold for spares or repairs. Is the price realistic for a non-functioning digger?

Customer:

yeah the price is realistic thanks for your help

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 793
Experience: Solicitor with over 15 years experience.
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