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Advice please!


robmiller
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Right, i had a wee side by side hammer gun. Nice little gun which i bought at auction, am sure it will be on here somewhere. It was advertised at auction as being resleeved.

 

I had the gun for about a year and decided to sell to fund something else. I advertised it on another webiste i think we all use and a gent came up from london to pick it up. I did NOT say in my advert it was resleeved as I kept details to a minimum and that it had normal wear and tear for its age but said to him i think it was and that he would have to check it on the day. The guy came up, bought the gun and got in touch a few months later saying it wasnt resleeved and he wants his money back.

 

Now as far as i am concerned i was pretty honest and let him check the gun etc and he said he was very happy. He's now getting a bit threatening...........whats your thoughts? I have never ever had any issues with sales or purchases so far and a bit worried.

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If he checked the gun and was happy with it- why not offer a small refund- smooth things over maybe, as you did advertise the gun as beein re-sleeved when in fact it was not

 

If he is threatening you- tell him you'll notify the Police- a man with a shotgun Cert should not in anyway become a threat to anyone- even mpore so in light of recent shooting related events

 

Lesb :good:

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Hi Lez

thanks for the advice. But no, i did NOT advertise it as being resleeved i merely said i think it may be on the phone and he would have to check. I bought it from the Auction house under the impression it was as it stated this in the catalogue so do i just pass it back to him to contact them. I didnt make anything out of the transaction.

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Hello, Rob.

I'm confused. You were happy with the gun as was the gent, so with two possible exceptions, as it turns out it wasn't sleeved it should be worth more in an un-sleeved condition and you could argue that he got a bit of a bargain. Exceptions; we know there's some novices about so did he confuse sleeved with anything else? Heaven forbid here, but you say wear and tear for its age but think it's sleeved which may indicate that any necessary work has been done. If it turns out that it wasn't, is it in proof? I know it should have been checked by the auction house before you bought it, but...

If you are happy that all is well, I'm with Dempy, he got a good buy so tell him to push off.

Cheers

Edit: PS If you think this sort of thing can't happen, Refer to the previous Post. There's someone who hasn't a clue about the legalities of selling guns.

Edited by wymberley
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as long as it was in the condition and working order you stated when you sold it then its tough luck. He could have done anything to the shotgun in the months he's had it!!!

 

Having dealt with you before Rob (you are a good chap) so I dont anticipate any underhanded selling from you.

 

Dont worry, just tell him to sell it on if he's not happy!!!

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It was advertised at auction as being resleeved.

 

 

i did NOT advertise it as being resleeved i merely said i think it may be on the phone and he would have to check.

 

I'm confused!!

 

You bought it at auction where it was advertised as resleeved.

 

You therefore knew full well that it was.

 

You sold it on and told the guy "it may have been sleeved, up to you to check it out".

 

To be brutally honest, I'd be right pee'd off if I'd bought it from you as you deliberately withheld information. If you knew it was sleeved then why not just tell him outright rather than putting the onus on him - that's not being straight.

 

Sold as seen and all that, but from what I can see you've not exactly been open and honest with the chap!

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I never advertised it as being sleeved, i said to the guy i wasnt sure if it was or wasnt as a friend said he didnt know either......He would have to check it and inspect it on viewing. Which he did and was, on that day, happy with the purchase.

 

I can tell you now i wouldnt hold information from anyone and I think a few people would vouch for me being genuine. I aint a dealer or a gunsmith, and my gunsmith said this was a neat little gun when i had it in. Yes he is questionning the condition. He also emailed me after it was sold saying he had been out shooting and he had loved using it.

 

All very frustrating either way and appreciate your view

Edited by robmiller
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I opened the case and let him check the gun, sleeved or unsleeved the barrells were immaculate. It was a cracking little gun. Small amount of pitting under the foreend but what the hell do you expect for an old gun.

Rob,

Sorry to be a bore, mate, just thinking of your interests - that gent may know something that you don't but hasn't said so. No matter what the barrels looked like and again, unsleeved is worth more than sleeved so some cosmetic work to improve the looks provided it doesn't render the barrels out of proof is fine but.......

Did you check that the gun was in proof before you got it or more importantly before you offered it for sale let alone sold it.

Cheers

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As a private sale it's covered under the English legal principle of "Caveat Emptor " (buyer beware). The onus is on the buyer to ensure he is happy with the item. As you stated it was not advertised as being re sleeved, then the item description was truthful and accurate.

 

If it was a commercial sale/purchase then it would be covered by the Sales of Goods Act which does give enhanced consumer rights. Indeed, if the gun was still in your posession then you may have a robust case against the auction house who advertised it "re sleeved" when you purchased it.

 

In short, I would be polite and reasonable, but inform him that the gun was accepted by him following the inspection and you're not prepared to offer any compensation or take the gun back. As a word of warning, there is nothing stopping him taking further action (ie small claims court - depending on the amount of the sale) but it should be easiy to defned on the above principles.

 

You may however, just want to document any further communication you have with him (in hard copy/e-mails rather than telephone conversations) just in case he decides to be difficult.

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Tell him where to get off. He has been and inspected the gun, used it for months and likes it. "Caveat Emptor" - I think he is trying it on.

 

As for the auction catalogue - it's only as accurate as the typist. If she types sleeved against the wrong gun - it's hardly your fault.

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Rob,you know that i might be an old ****,but when barrels have been resleeved,are the barrels not marked as such?.i have seen some fine old SBS that have been done and the barrels were marked accordingly.somebody else might say different on here and i might be wrong.would not lose any sleep over it bud,let the man do what he has to do.----Dave

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