Emotional distress in small claims for faulty goods

[wales01man]

Re: Emotional distress in small claims for faulty goods

As long as it was fish tank not a khaki one with a big gun

Sorry my sense of humour

[elsa123]

Re: Emotional distress in small claims for faulty goods

As long as it was fish tank not a khaki one with a big gun

Sorry my sense of humour

LOL!!

To be fair Walesman I doubt even a giant khaki tank would attract the attention of GMP, unless it was moving at 33 in a 30 and then it would feel the full force of the law!

Thinking of joining the Which! helpline thing now. Cannot believe what CAB are saying, does not sound right to me.

[des8]

Re: Emotional distress in small claims for faulty goods

What are you going to sue them for?
You had the opportunity to examine the whole kit, but only examined some of it.
As this was a deal between two private individuals this leaves you as buyer with very few rights
IMO the only things you can successfully sue for are i) the heater, which was not delivered, and ii) possibly the pump, which was not as described.
Although you had the opportunity to examine the pump, you did not, relying instead on sellers description (Redgrave v Hurd (1881) 20 Ch D 1)
I doubt those two items (comparatively minor in money terms vis a vis the purchase price) would be reason to rescind the contract.

Be good to hear others views on this matter.

[elsa123]

Re: Emotional distress in small claims for faulty goods

I did not examine the pump because I did not understand how it worked and that you could even open the thing up.

If I bought a car from a private vendor I would not examine the engine or internal parts as I have no mechanic qualifications and so would not know where to start.

The description of the pump which is worth £110 new was "brand new". The outside certainly looked new and I had no clue you could even open it up.

In fact the sponges are so grimy I am wondering if they were taken out of an older pump and transferred into it. The outer casing of the pump is pristine but the sponges inside are stinky and really gross.

[nemesis45]

Re: Emotional distress in small claims for faulty goods

I have to agree with Des, there is nothing to sue for, the goods should have been examined and rejected as soon as received.

nem

[elsa123]

Re: Emotional distress in small claims for faulty goods

I rejected them within 48 hours of receiving them so I feel that I do have a case and will be pursuing it.

[des8]

Re: Emotional distress in small claims for faulty goods

Then if you buy a car privately, (depending on cost) have it examined by a qualified motor engineer!

What I was saying was that IMO you have no case to sue for a complete refund, as the problems are about i) non supply of heater and ii) misrepresentation of the pump.
Taking into account the purchase price, these items are comparatively low cost, and I think you should be looking for a refund to cover the cost of those items, and that is what you should be suing for,
but even then (excepting the heater) I think you will have problems in court.

I was hoping some one else might have popped in with a contradictory view.

[nemesis45]

Re: Emotional distress in small claims for faulty goods

Then if you buy a car privately, (depending on cost) have it examined by a qualified motor engineer!

What I was saying was that IMO you have no case to sue for a complete refund, as the problems are about i) non supply of heater and ii) misrepresentation of the pump.
Taking into account the purchase price, these items are comparatively low cost, and I think you should be looking for a refund to cover the cost of those items, and that is what you should be suing for,
but even then (excepting the heater) I think you will have problems in court.

I was hoping some one else might have popped in with a contradictory view.

Des I think your analysis is spot on!!
The value of any redress is greatly outstripped by the costs.

nem

[elsa123]

Re: Emotional distress in small claims for faulty goods

I agree I do not have a case for a complete refund, however I will still be pursuing the following:
1. heater
2. difference between value of brand new pump and the pump that arrived
It will only be a low ticket claim but there is no way these people are getting away with this scot free. It has caused me one hell of a lot of upset.
Chances are they will settle at mediation which is a shame as I want my day in court with them.
On a positive note a brand new tank from a reputable business is arriving any day. Wish I had just paid the extra and got a brand new tank to start off with. However I have learnt a lesson and will be more careful when buying second hand goods in the future.

[des8]

Re: Emotional distress in small claims for faulty goods

Thank goodness.
From your posts I was afraid you were trying to rescind the contract, an action that would be doomed to failure.
Good luck, I wish you. your husband and fish well.

[elsa123]

Re: Emotional distress in small claims for faulty goods

I was going for a full refund des, but thanks to your advice and others on the forum I realise that may be overoptimistic.

It is difficult for me as I have got very emotional over this issue due to the death of 6 fish.

I wanted them to pay for all my upset. Sadly no court in the land would grant me the emotional distress claim, which to me has a far greater value then the cost of the tank and the courier charge.

I guess I want justice over what has happened, but the best I can hope for is a few pennies for the duff filter/no heater and inconveniencing them a bit as they will have to attend court/mediation.

[nemesis45]

Re: Emotional distress in small claims for faulty goods

The court will not look kindly on a claim brought to inconvenience a defendant, it is an abuse of process.

nem

[Carnelian]

Re: Emotional distress in small claims for faulty goods

Why did the 6 fish die? How that can be linked to the tank?

[Carnelian]

Re: Emotional distress in small claims for faulty goods

I did not examine the pump because I did not understand how it worked and that you could even open the thing up.


The description of the pump which is worth £110 new was "brand new". The outside certainly looked new and I had no clue you could even open it up.

In fact the sponges are so grimy I am wondering if they were taken out of an older pump and transferred into it. The outer casing of the pump is pristine but the sponges inside are stinky and really gross.

Pumps do not always come with sponges, most just pump air, then you buy the filter medium that you need, for instance glass tubes or sponges or carbon etc depending on the tank you are going to use. A lot of experienced aquaruim owners sell pumps and filters with old sponges so that the tank can be immediately filled with fish with no need for the new owner to 'grow' bacteria.
Please research the filter and pump you need for any future tank or more fish will die needlessly and sadly and then you may be even more emotionally distressed?

[elsa123]

Re: Emotional distress in small claims for faulty goods

According to the experts at the fish shop the sponges are so old and worn the whole unit will not work. So no they were not doing me a favour they were selling a non functioning item.