Private sale gone so wrong :(

[Guest]

Re: Private sale gone so wrong

My lsst post seems to have been delted, ok, perhaps someone else can make my point about the difference between an appointemnt and a deadline in a contract

ALSO IT MAY BE WORTH CONFIRMING THAT THERE ARE ALWAYS TWO SIDES TO AN ARGUMENT

Peter
------------------------------- merged -------------------------------.

[Guest]

Re: Private sale gone so wrong

Thankyou Celestine!

I honestly did expect to get both types of replies - one I wanted to hear - and one I didnt! But its just the way he has put his views across.

Thanks for taking the time to post - and also to everyone else, I really am so grateful

Hi

Unfortunately no one else has told you anything you dont want to hear so we will just have to take your word for it.

Peter

[tortoise]

Re: Private sale gone so wrong

Peter, dear fellow, have some pity. My friend, you have a heart of steel.

I adore Haggis, a fine dish. One of the finer attributes of Scotland in my opinion.

I do hope you bought a Chesterfield and a Chaise Long for the good lady. As for the old furniture, tell the lady to place her derriere on an alternative object. What a bounder simply not appearing as per your arrangement. Dreadful woman.

[CleverClogs]

Re: Private sale gone so wrong

i could go on, and on

Which you probably will.

[Guest]

Re: Private sale gone so wrong

HI Haggis
It seems I owe you an apology and I think perhaps I do, not that I don’t believe all the points I have made, but perhaps my style was to say the less than considerate of you position.
Sometimes when you are arguing these points you forget the person at the centre of the debate, these are only my opinions and have the same weight as anyone else’s including yours.
You have to know that if anything happened and you went to court (which it won’t) I would be rubbishing my views along with everyone else and be behind you all the way.
Peter

[CleverClogs]

Re: Private sale gone so wrong

I agree that Haggis should repay that rather silly and downright thoughtless woman.

Set up a standing order and pay her a pound a month.

[HaggisnNeeps]

Re: Private sale gone so wrong

HI Haggis
It seems I owe you an apology and I think perhaps I do, not that I don’t believe all the points I have made, but perhaps my style was to say the less than considerate of you position.
Sometimes when you are arguing these points you forget the person at the centre of the debate, these are only my opinions and have the same weight as anyone else’s including yours.
You have to know that if anything happened and you went to court (which it won’t) I would be rubbishing my views along with everyone else and be behind you all the way.
Peter

Apology accepted and thank you


Clever Clogs that really did make me laugh!

[labman]

Re: Private sale gone so wrong

It takes a great deal of character strength to apologise out of one's heart rather than out of pity. A person must possess himself and have a deep sense of security in fundamental principles and values in order to genuinely apologize.


Stephen Covey (1932 -)




Sound like anyone you know Peter?

[Celestine]

Re: Private sale gone so wrong

Apology accepted and thank you


Clever Clogs that really did make me laugh!

Thank Gawd for that....it's usually CleverClogs scaring the living cr*p out of people!

[labman]

Re: Private sale gone so wrong

PMSL

[charitynjw]

Re: Private sale gone so wrong

All's well that ends well, then.........or maybe so fa so good! (Groooaaann!)

Maybe HN could keep us updated?

[HaggisnNeeps]

Re: Private sale gone so wrong

Thought I would update this thread.

Well I havent heard anything and hoping I can start to fully relax and put this all behind me. I have heard nothing at all from her or from a solicitor. I hope am not tempting fate now and will end up getting a letter tomorrow!!!

[teaboy2]

Re: Private sale gone so wrong

I have just read through this thread, i had followed in up until the first 2 pages of the thread when the thread was originally created, and having seen the way the thread has gone i thought it might be worthwhile pointing out some facts.

In the event the buyer took legal action:

1 - by failing to collect on the arranged date and failing to inform the buyer of such, she had repudiated the contract i.e. failed to fulfill her side of the contract - Therefore she forfeited the money she gave to the seller.

2 - The seller attempting many times to contact the buyer to arrange fnd out why the buyer failed to collect and to arrange another collection date. Buyer failed to respond - therefore the seller made all reasonably expected efforts to resolve the issue amicably.

3 - Seller suffered a financial loss to the value of the goods as a result of the buyer failing to collect and the goods having to be stored outside in bad whether due to no storage room, which is perfectly reasonable given it is a residential property and room for an additional sofa is unlikely. As such the seller is entitled to the money the buyer paid to cover her financial loss.

Therefore the seller in the event of any claim being issued, would not only have a counter claim for breach/repudiation of contract by the buyer, financial deteriment/loss equal to the value of the sale/goods, but also a counter claim for harassment (reference text messages).

I can see where peter is coming from, but given i own a wholesale company and have come across this a number of times, where a customer (usually local) has wanted to pick the goods up rather than pay for courier costs only to fail to pick the goods up (goods that we had to order in and do not generally keep in stock) and then demand a refund i have to disagree that a court would take the buyers side, in fact far from it in all honesty - Truth is the sales of goods act protects the seller.

Relevant sections of the Sales of Goods act 1979 below:

37 Buyer’s liability for not taking delivery of goods.
(1)When the seller is ready and willing to deliver the goods, and requests the buyer to take delivery, and the buyer does not within a reasonable time after such request take delivery of the goods, he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the goods.

(2)Nothing in this section affects the rights of the seller where the neglect or refusal of the buyer to take delivery amounts to a repudiation of the contract.

50 Damages for non-acceptance.

(1)Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for non-acceptance.

(2)The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer’s breach of contract.

(3)Where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted or (if no time was fixed for acceptance) at the time of the refusal to accept.

Note the above applies even when the buyer is under the contract suppose to collect the goods, and the above also applies for when the goods are paid or unpaid. Section 37 and 50 makes its clear the OP is within her rights to refuse a refund and keep the money to cover her costs, financial loss on the value of the goods.

I hope this information helps clarify things.

[CleverClogs]

Re: Private sale gone so wrong

In other words, Arkell v Pressdram applies and HaggisnNeeps should advise the silly woman accordingly?

[teaboy2]

Re: Private sale gone so wrong

In other words, Arkell v Pressdram applies and HaggisnNeeps should advise the silly woman accordingly?

Lol thats one way of putting it