Private Sale: Does 'new' mean it must work?/Is vendor liable for 'loss of bargain'?

[nemdis]

In essence ...
Toshiba internal hard drive (computer component) advertised as 'new', £50 inc p&p.
Bought (by me) and paid for using paypal 'gift' method (to save paypal fee for seller) (paypal does not warrant such transactions)
Hard drive arrived in sealed bag, appears new and as described
I installed hard drive in PC. Not working. Checked with Toshiba who confirm it is DoA (Dead on arrival).
Toshiba say hard drive needs to be returned to the original supplier for inspection prior to replacement.
I have had no reply to my messages to the vendor asking for (i) replacement (ii) details of the original supplier.
After various Internet searches I have found the postal address of the vendor.
I am considering a claim using money-claim-on-line.

My questions:
1. In law, must a 'new' item also work?
2. Since the vendor is effectively blocking my access to the original supplier (and thereby replacement) is he liable for my 'loss of bargain'?
3. Any other advice, please?

Many thanks,
Mike

[wales01man]

Re: Private Sale: Does 'new' mean it must work?/Is vendor liable for 'loss of bargain

Was this on ebay or where did you get it from?

[nemesis45]

Re: Private Sale: Does 'new' mean it must work?/Is vendor liable for 'loss of bargain

Any item must be fit for purpose clearly the hard drive is not.
The Vendor is responsible for replacing the item.
If you have the vendors address send a letter before action prior to making any claim.

nem

[nemdis]

Re: Private Sale: Does 'new' mean it must work?/Is vendor liable for 'loss of bargain

Thanks for your reply.
The hard drive was in an eBay auction. Since I needed it urgently, I offered £50 inc p&p. The vendor offered to cancel the auction and accept my offer provided I paid via paypal as a personal gift. I accepted.
Hope this answers your question.
Regards,
Mike

[wales01man]

Re: Private Sale: Does 'new' mean it must work?/Is vendor liable for 'loss of bargain

No paypal or ebay protection then?
Need to write a LBA to them and then issue CCJ paperwork if they refuse refund

[nemdis]

Re: Private Sale: Does 'new' mean it must work?/Is vendor liable for 'loss of bargain

Thanks again for your reply.
That's right, no protection from eBay or paypal.
I thought my security would be in the Toshiba warranty, but it seems that was a wrong assumption.
Regards,
Mike