defective goods.taking small claim court action

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I purchased a boat and trailer from an e bay seller.the seller assured me that the trailer was fit for purpose and everything worked on it.

i noticed on towing boat/trailer home that the brakes were defective. on investigation i found the brakes were non existant and totaly defective.

i contacted the seller explaining the problem and asked for him to remburse me the cost of the repairs to the trailer.he refused, and after several letters threatened legal action in the small claims court. he told me to go ahead and waste my money as i would not win.

Action was commenced and the seller failed to attend the court hearing. The judge said  that because he was a private seller i had no case.

i had,however anticipated this and said that i considered the vendor to be a trader as he had sold over 100 items in the last year(i provided proof of this by printing off his feedback etc) the judge considered my point and judged in my favour. the seller ended up paying all my costs and the amount claimed.

the small claims procedure is not difficult and is a good tool to sort out dishonest sellers. dont forget the"buyer bewares" from genuine private sellers.

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