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Private sale - where do I stand legally?

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    Private sale - where do I stand legally?

    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?

    #2
    Originally posted by BankingContractor View Post
    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?
    I think RM has insurance of £46 on tracked goods, you are tulip out of luck if they cost more than that
    Originally posted by Stevie Wonder Boy
    I can't see any way to do it can you please advise?

    I want my account deleted and all of my information removed, I want to invoke my right to be forgotten.

    Comment


      #3
      You'll normally know if it's illegal to stand somewhere because there'll be a sign that says 'No Trespassing' or 'Trespassers will be prosecuted'.
      And what exactly is wrong with an "ad hominem" argument? Dodgy Agent, 16-5-2014

      Comment


        #4
        It's RM's fault by the sounds of things. You still have pretty good rights.

        Where did you buy them from? Ebay etc?

        Comment


          #5
          1st Class and Recorded delivery have a maximum compensation of 100 * 1st class stamp = £46
          Special Delivery is whatever insurance that was taken out - £250 is the default/lowest.

          Originally posted by BankingContractor View Post
          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?
          Sounds to me like they were sent Special Delivery because you don't get the above information from Recorded Delivery, if you've got the tracking number it should start with "S" rather than "R".

          To start a claim with Royal Mail, give them a ring, give them your Tracking number and you'll probably need to supply proof of the cost of the item.....then they will send you a cheque.

          Feel free to drop me a PM if you have any questions.

          GE

          Comment


            #6
            Originally posted by BankingContractor View Post
            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?
            I think it depends on the tracking service - recorded delivery does not guarantee it will be delivered within a certain timeframe and they don't consider it 'lost' until two weeks have passed.

            If it was recorded, then if the tickets don't turn up, the sender can claim, but if they do, then you're possibly stuffed unless you can prove that the tickets being delivered in time formed part of the contract. If you selected (or knew) the service the vendor was using then I don't know where you'd stand.

            Edit: This link says you are entitled to a refund.
            http://www.which.co.uk/consumer-righ...buying-rights/
            Last edited by mudskipper; 3 October 2012, 13:13.

            Comment


              #7
              The general legal principle is that once something is posted, it becomes the buyers / receivers property not the sellers / senders.

              So if they have proof of posting, its your problem not thiers.

              (a) use the insurance on the tracked postage for compensation?

              (b) was this direct, or did you trade via paypal, a broker or anything? They may be able to help.

              Comment


                #8
                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

                Comment


                  #9
                  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.

                  Comment


                    #10
                    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.

                    Comment

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