Private sale - where do I stand legally?

[Robinho]

Why wouldn't he pay?

How much are we talking here?

[Old Hack]

I bought the tickets from a work colleague - so its a private sale.

I paid cash immediately and he said he'd post them the next day (as he was off on hols).

He sent me the tracking ID from Royal Mail and the following day I could see he sent the items. Some 2 weeks later and the tickets still haven't arrived and the concert is over.

He's back next week but just wanted to understand legally where I stand, ie am I entitled to claim the full amount from him?

He sent the tickets by Recorded Delivery but the full value of the tickets is far in excess of the max £46 compensation from Royal Mail. In any case, only he can claim from Royal Mail, not me.

If he refuses to pay up and I make a claim from the Small Claims court am I likely to win?

We didn't discuss who would be responsible in the event of a loss so in the absence of such agreements where do I stand?

thanks again

Claim from RM and take it on the chin. If he, as agreed, sent them out recorded delivery, as agreed, the next day, as agreed, then you really can't expect him to shoulder any blame, for he's done absolutely everything he agreed to. You'd lose in court. 100%

[BA to the Stars]

I bought the tickets from a work colleague - so its a private sale.

I paid cash immediately and he said he'd post them the next day (as he was off on hols).

He sent me the tracking ID from Royal Mail and the following day I could see he sent the items. Some 2 weeks later and the tickets still haven't arrived and the concert is over.

He's back next week but just wanted to understand legally where I stand, ie am I entitled to claim the full amount from him?

He sent the tickets by Recorded Delivery but the full value of the tickets is far in excess of the max £46 compensation from Royal Mail. In any case, only he can claim from Royal Mail, not me.

If he refuses to pay up and I make a claim from the Small Claims court am I likely to win?

We didn't discuss who would be responsible in the event of a loss so in the absence of such agreements where do I stand?

thanks again

If he can get £46 back, how much is the difference. Is it worth taking legal action over the difference, especially if it is someone you have to work with on a daily basis.

Hopefully you can sort it amicably

[BankingContractor]

Absolutely - I would rather sort it out amicably.

I don't work with the guy directly, never have done but someone mentioned he had tickets so I just bought it off him.

The tickets came to just under £450 as it was a group of us going.

[SimonMac]

Absolutely - I would rather sort it out amicably.

I don't work with the guy directly, never have done but someone mentioned he had tickets so I just bought it off him.

The tickets came to just under £450 as it was a group of us going.

£450 without adequate insurance, ooops!

Shag his missus, its the only way to square things up

[Robinho]

450 - 46 = 404

404 / (# of people going + him)

= the amount you should ask from everyone.

Worth a try.

If not, the people who were meant to go would have to take the hit.

You will probably lose if you go to court and it'll cost you more in lost invoices.

[BA to the Stars]

Absolutely - I would rather sort it out amicably.

I don't work with the guy directly, never have done but someone mentioned he had tickets so I just bought it off him.

The tickets came to just under £450 as it was a group of us going.

Can you get something of the other members of the group - it would be unfair for you to stand it all if you getting tickets on behalf of others

[TestMangler]

The seller had a contract with RM to deliver the goods. Only the sender can claim.

In b2c or b2b sales, the seller, when sending goods, is responsible for the goods until they arrive in the hands of the buyer and would be bound to compensate the buyer for non arrival, regardless of the level of cover given by the delivery company, whether it be RM or someone else.

I would reckon that the buyer would stand a pretty good chance in Small Claims.

[BankingContractor]

I think that's just it - he should really have sent them by Special Delivery.

Because I paid full price for the tickets (ticket price + booking fee) I assumed he would have adequate insurance, but it was never discussed.

Trying to find a clear legal view of my rights as a buyer in a private sale where delivery of goods has not been fulfilled.

[mudskipper]

The seller had a contract with RM to deliver the goods. Only the sender can claim.

In b2c or b2b sales, the seller, when sending goods, is responsible for the goods until they arrive in the hands of the buyer and would be bound to compensate the buyer for non arrival, regardless of the level of cover given by the delivery company, whether it be RM or someone else.

I would reckon that the buyer would stand a pretty good chance in Small Claims.

£450 and neither of you thought it would be worth coughing up the extra fiver or so for special delivery?