Small claims court against a private purchase from a family member - how to approach?

[Teddie]

Hello

I'm new here. I have a problem with my brother who sold me a ring for £3000. When I received it, it wasn't even a gemstone. I went to get it valued and it was 'worthless'. The ring wasn't hall marked either, which I had to get a jeweller to do but he said that it's not able to be insured.

I bought it from my brother but he refuses to refund me because I bought it 'fair and square.' He didn't tell me about the flaws, or that it was not hall marked and led me to believe it was worth £3000. He said it had all the relevant paperwork with it, but the paperwork is a VAT reciept.

I am taking him to the small claims court. My wife is very very upset that he's passed on a fake to us. He made the mistake of telling me it was 18 carat gold (it wasn't even hallmarked) and of course, won't give me my money back. It's upset the whole family but he's said 'bring it on.'

I know it would have been better to see the ring first, but he's my brother and done nothing like this before but he is a bit selfish. I didn't think he's rip off his own brother like this.

My question is where can I go with my defence? I know there are less laws regarding private sales, but I've lost a lot of money and I've got to at least try and get some money back. Is there anywhere I can look for case history with private sales, and will a judge look favourably on me as it's my brother who I can prove lied to me. Any help would be appreciated.

[Johnboy007]

Re: Small claims court against a private purchase from a family member - how to appro

Hi
If you’re buying from an individual – which constitutes a private sale – the rules are slightly different. For example, the so-called ‘implied terms’ of the Sales of Goods Act only apply to title and description, not to quality. This means the goods must simply correspond with the description, and be legally owned by the seller.

“That means a dress can’t be a size 12 if it was described as a size 18,” or that a ring described as 18ct gold, cannot be made of brass.

However, if an item is advertised as “a three-year-old bike”, for example, it doesn’t mean it has to work, just that it has to be three years old. In this case, especially when the item has been well-used, the transaction remains a case of caveat emptor, or ‘buyer beware’. “This, put simply, is why you pay a lower price for second-hand goods,”
If the private seller has failed on any of the relevant parts of the Sales of Goods Act, it is up to the buyer to take issue with them, quoting that they have contravened Section 13 of the Act. If they do not rectify the problem by way of a refund or replacement, the next port of call is the small claims court. However, after you factor in legal fees and the time and hassle of a court case, this may not be worth your while.
As you paid £3000 for it, the judge may very well rule in your favour.
Had it been £30.00 then you would probably have trouble proving a case.
Good luck mate. I hate 'con merchants'.
JB

[Teddie]

Re: Small claims court against a private purchase from a family member - how to appro

Brilliant, thanks mate that's what I'm looking for. He won't pay up anything, blocked my calls and everything.

Rip off con man who's also my brother. Not a good combination. I wish my Dad was still around!

[des8]

Re: Small claims court against a private purchase from a family member - how to appro

Hi there ,
If you are set on taking your brother to court (and who would blame you?) you might find this thread useful:http://www.legalbeagles.info/forums/...ty-Court-Claim
There are procedures which need to be followed.
Also collect now all the evidence you can. Write it down so you don't forget it.
Things like letters & emails, records of phone calls, written witness statements from others who witnessed what was said etc etc