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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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Over the phone I bought 3 hairdressing chairs and a backwash

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Over the phone I bought 3 hairdressing chairs and a backwash from a hairdresser leaving a business that I am taking over. I was told £400 for each chair as top quality and £300 for backwash.total£1.500
When it was brought to my salon she took the cash and left before I had chance to inspect properly. I now find that the descriptions were misleading as the chairs brand new are only £150 with vat and the backwash has its fixtures & fittings missing where there should be taps there are holes.shes refusing to refund my money saying the price was agreed in salon with the furniture there, but it wasn't in the salon she had removed furniture previously to put on eBay .the price was agreed over the phone as description was extremely misleading . The goods are second hand , I paid cash, can I take her to small claims court? Shall I deliver the furniture back to her , as I don't want it
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What was the misleading statement made?
Customer: replied 1 year ago.

She told me the chairs were top of the range at £400 each the best quality. I have tracked them back to the company that sold them and they disclosed that they had checked they're records and under that hairdressing shop the chairs were the lowest in the range and only £119 was paid for each one.she told me the backwash was top quality yet a lot of the fittings are missing I can't use it.she is saying to her solicitor that the deal was arranged in the shop looking at the chairs the price was set over the phone as she had already emptied the shop and agreed the price before she would bring them to the salon in which she then took the pre counted cash that was in an envelope.

Expert:  Jo C. replied 1 year ago.
Yes, she could argue that.
This will really come down to who is believed in court.
On your account there is a misrepresentation. You need to be careful with points like this because the fact that this may have been a bad deal for you doesn't mean you can recover. Paying more than an item is worth is not a contractual challenge. However, if she said they were top of the range at £400 and that is not true then that is a fairly specific statement which is untrue and would certainly have been relied upon so probably does get over the hurdle of misrepresentation.
She will probably deny that. Also, if she says that you had the opportunity to observe the product before purchase then the points about missing fittings falls away on the caselaw if indeed she is believed.
I think, over all, I would probably sue. It is a small claims court sum so cheap enough to issue. If you lose the worst that will happen is that you will be liable for costs which will be about £100-£200 and there is always the chance that she will cave in. People often do when they are being sued.
I wouldn't return the products though. You can write to her telling her they are available for return but if she is responding with nonsense imaginary allegations of abuse that she will have concocted with other perjurers on Mumsnet and other sites for unemployed people then there is no point. You only have to act reasonably. As soon as she starts making allegations of harassment a District Judge's eyes will glaze over so I wouldn't worry about that. We all have to deal with contractual issues. That doesn't amount to harassment. Some people are far too free with allegations of abuse.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience: Over 5 years in practice
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