You may remember my thread about a boat trailer - it was about a trailer that was inaccurately described. This now has a final hearing date of 13th February 2009 and I would appreciate feedback on one point please.
I responded to an advertisement that was placed by a Mr. Lewis. I arranged with him to view the trailer. He sent further pictures of the trailer by email. I met with him at his home, viewed the trailer and payed him the money.
After taking the trailer away, I discovered the trailer was not as described. I wrote to Mr. Lewis and asked him for a refund. He has sent a number of replies by email "signed" by himself in which he says "He purchased the trailer and was told the description", "He sold me the trailer in good faith" etc.
When I served the court papers on Mr. Lewis he defended the action saying that he was not the legal owner of the trailer, that he did not sell me the trailer but he was only "assisting" his live in partner (Miss. Sainsbury) as she was unable to involve herself in the sale due to an ongoing medical problem which left her in pain!
I have now received an email from Miss. Sainsbury (some six months later) saying that whilst it may appeared that Mr. Lewis wrote these emails to me and that whilst the emails were signed by Mr. Lewis, it was her who actually wrote the emails!
I suppose at the end of the day, no one can disprove this.
However, Mr. Lewis clearly sold me the trailer. Whether he was acting as the owner/seller/agent I am not sure.
Does anyone have any case law to point to where the person who "conducts" the sale is responsible for ensuring that the item (trailer) is described correctly?
Would appreciate your help.
Thanks
Chris
I responded to an advertisement that was placed by a Mr. Lewis. I arranged with him to view the trailer. He sent further pictures of the trailer by email. I met with him at his home, viewed the trailer and payed him the money.
After taking the trailer away, I discovered the trailer was not as described. I wrote to Mr. Lewis and asked him for a refund. He has sent a number of replies by email "signed" by himself in which he says "He purchased the trailer and was told the description", "He sold me the trailer in good faith" etc.
When I served the court papers on Mr. Lewis he defended the action saying that he was not the legal owner of the trailer, that he did not sell me the trailer but he was only "assisting" his live in partner (Miss. Sainsbury) as she was unable to involve herself in the sale due to an ongoing medical problem which left her in pain!
I have now received an email from Miss. Sainsbury (some six months later) saying that whilst it may appeared that Mr. Lewis wrote these emails to me and that whilst the emails were signed by Mr. Lewis, it was her who actually wrote the emails!
I suppose at the end of the day, no one can disprove this.
However, Mr. Lewis clearly sold me the trailer. Whether he was acting as the owner/seller/agent I am not sure.
Does anyone have any case law to point to where the person who "conducts" the sale is responsible for ensuring that the item (trailer) is described correctly?
Would appreciate your help.
Thanks
Chris