Reply to: Private sale - where do I stand legally?

[BankingContractor]

It was sent by Royal Mail Recorded Delivery

[alreadypacked]

Where do I stand legally on non-delivery of goods on a private sale?

I bought concert tickets from a private seller, paid the seller cash immediately - and they sent them by some Royal Mail tracking method.

I can see the tickets were sent out but still not delivered and the event has passed - where do I stand legally on my right to a refund?

Was it really Royal Mail tracking?

• The scammer places an ad on a website, with an item for sale for a bargain price.
• When you contact the seller he suggests using a ‘safe’ shipping company.
• He suggests that you pay using Western Union® or some other money transfer company.
• He sends you a tracking number to show that he has shipped the goods. There is also a genuine looking website where you can look up the tracking number. This website is run by the scammer with the sole purpose to make you believe that he has actually shipped something.
• You pay the money through Western Union®, and send the information to the shipping company (which is in fact the scammer).
• The scammer takes out your money, and you never see the money again.

[BankingContractor]

Agreed on a business sale - however, I'm struggling to find the legal stance where the same situation occurs in a private sale..

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.

[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?

[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.

[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.

[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

[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.

[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

[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.

[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

[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%

[Robinho]

Why wouldn't he pay?

How much are we talking here?

[BankingContractor]

I can't get anything from Royal Mail, I'm not the one who sent the item. Only the seller can claim.

So I could be in a situation where I get no cash back, even though the other party can claim for *their* loss from Royal Mail.

If he refuses to pay, which I'm told will be highly likely, I want to know legally, which party is responsible for the loss.

[Robinho]

Why don't you just get as much as you can from RM and split the remaining losses.

If he doesn't, simply jizz in his coffee.