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help!what would you guys and gals do?


7daysinaweek
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hi all

 

so got my fac through with variation for .243 for stalking, after help from the pw members had decided on a new rifle tikka t3 at about the £750 mark. went to a gunshop today to look at the t3s and whilst i was there chatting with the shop owner he asked what was i looking for, i said i had looked at a new schultz larsen classic rifle but that at the preset time i could not justify the £2200 for the rifle alone so had gone down the route of the tikka t3 at the £750 mark, basically £1500 pound less than the shultz. he told me he had a new classic in i said it was out of my budget. now here is my dilema/catch

 

he said he a brand new classic in not second hand which had a strange history and was for sale at £900 i said it cannot be that cheap without something dubious for the cost to be so drastically reduced. he told me the gun is being sold as brand new, and the circumstances surrounding the gun are that it was stolen brand new from a rfd with price tags still on. he said the police gave chase the car was crashed in the pursuit and the car caught fire with several guns in it. fire service attended and car was extinguished and the guns where passed to the shop not the original rfd. he says they were aquired as something to do with insurance around possibility of water exposure. i expressed my concern around exposure to heat and possible water ( i know a rifle should be able to withstand the usual rigours of wet weather) and would be very concerned around the integrity of the rifle. he said the rifle was in new condition ad selling as new and would offer a 7 day no quibble policy if i found the rifle to be defective or not to my liking. i looked at the rifle, only thing i could see was a small mark/ scratch on the wood stock. on removing bolt which was smooth a silk no evidence of water ingress to naked eye or surface rust. did not inspect the bore with a bore scope. the shop are well known to offer a very trusted and reliable service and i know many, many satisfied customers of these.

 

my heart is saying buy, buy, buy but my head is saying no, no, no

 

what would other members advise in my position

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He cannot, in law, sell it on a 7 day refund basis.

 

In law, as of 1st October 2015, if you, as a private individual, purchase any goods (whether new or second-hand), that turn out to be faulty (and such fault was not obvious beforehand, or was not brought to your attention), then you have the absolute right to a full refund within 30 days. You CAN choose to accept a repair, but are not obliged to do so.

 

so buy it, and zero it. If it holds zero, all well and good. If not, invoke your rights in law.

 

It's the Consumer Rights Act 2015. Some details and examples here :

 

https://www.citizensadvice.org.uk/about-us/how-citizens-advice-works/citizens-advice-consumer-work/the-consumer-rights-act-2015/

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If he is a RFD or anyone with a certificate really, he cannot sell you a dodgy rifle,

 

Ask him if it comes with a manufacturers warranty,

 

:shaun:

I would doubt it, probably insurance have paid out and this is effectively "write off salvage". I'd check it out and buy it if it seems OK, no problem :good: You have 7 days to make sure it's ok so what's the problem ?

 

30 days it seems, even better.

Edited by rodp
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He cannot, in law, sell it on a 7 day refund basis.

 

In law, as of 1st October 2015, if you, as a private individual, purchase any goods (whether new or second-hand), that turn out to be faulty (and such fault was not obvious beforehand, or was not brought to your attention), then you have the absolute right to a full refund within 30 days. You CAN choose to accept a repair, but are not obliged to do so.

 

so buy it, and zero it. If it holds zero, all well and good. If not, invoke your rights in law.

 

It's the Consumer Rights Act 2015. Some details and examples here :

 

https://www.citizensadvice.org.uk/about-us/how-citizens-advice-works/citizens-advice-consumer-work/the-consumer-rights-act-2015/

Where does the law say you have absolute right to a refund . Has the law changed where the retailer has the right to have the goods inspected to ascertain if there has been misuse and abuse ?

Edited by sportsbob
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Where does the law say "then you have the absolute right to a full refund within 30 days. .

 

Summaries of your consumer rights - For goods bought in a shop [PDF 230 kb] -

 

Goods

bought in a

shop

What Are Your

Consumer Rights?

The

Consumer Rights Act 2015

says goods must be as described, fit for

purpose and of satisfactory quality.

During the expected lifespan of your

product

you're entitled to the following:

Up to 30 days - If your goods are faulty, you can get an immediate

refund.

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Summaries of your consumer rights - For goods bought in a shop [PDF 230 kb] -

 

Goods

bought in a

shop

What Are Your

Consumer Rights?

The

Consumer Rights Act 2015

says goods must be as described, fit for

purpose and of satisfactory quality.

During the expected lifespan of your

product

you're entitled to the following:

Up to 30 days - If your goods are faulty, you can get an immediate

refund.

Ok where does it say you can choose to accept a repair and also where does it say the retailer has lost the right to have the goods inspected for misuse and abuse. Here is a scenario someone brings a box with its contents into a shop and says "these goods are faulty" do you really think the shopkeeper has to give a refund without inspection ? if you do I believe you are seriously miss guided. It has already been shown that a considerable amount of people that walk into a shop shouting the "I know my rights" line are lying and the goods have been subject to misuse or abuse. There is a section in the soga which clearly outlines this and this section has not been nor can it be easily amended. The amendment merely clarifies the term "reasonable time" as before reasonable time was undefined as in one persons view two weeks and another three months was reasonable. I believe this move has made it better for the retailer because now someone cant come in months later screaming reasonable time.

 

Also as in the context of this thread the rifle is as described because it has been described as stolen recovered with possible water damage, as long as it fires it is fit for purpose, and the quality may have been compromised as a result of the potential water damage. So I believe the purchaser being given a no quibble 7 day return warranty is actually getting something more than the law entitles him to .

 

Anyhow time for bed good night all.

Edited by sportsbob
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Ok where does it say you can choose to accept a repair and also where does it say the retailer has lost the right to have the goods inspected for misuse and abuse. Here is a scenario someone brings a box with its contents into a shop and says "these goods are faulty" do you really think the shopkeeper has to give a refund without inspection ? if you do I believe you are seriously miss guided. It has already been shown that a considerable amount of people that walk into a shop shouting the "I know my rights" line are lying and the goods have been subject to misuse or abuse. There is a section in the soga which clearly outlines this and this section has not been nor can it be easily amended. The amendment merely clarifies the term "reasonable time" as before reasonable time was undefined as in one persons view two weeks and another three months was reasonable. I believe this move has made it better for the retailer because now someone cant come in months later screaming reasonable time.

 

Also as in the context of this thread the rifle is as described because it has been described as stolen recovered with possible water damage, as long as it fires it is fit for purpose, and the quality may have been compromised as a result of the potential water damage. So I believe the purchaser being given a no quibble 7 day return warranty is actually getting something more than the law entitles him to .

 

Anyhow time for bed good night all.

Because the legislation specifically says "IF the goods are faulty". So, IF a retailer had a reasonable suspicion that the goods had been misused (you bring back a rifle with a bent barrel), then they would be entirely within their rights to tell you that No, you aren't getting a refund.

 

What the new legislation does is improve the buyer's rights. If new goods are faulty, such faults are far more likely to be present from new. What this says now is that you can turn around, go back to the retailer and insist on a full refund. No more accepting "We'll see about getting it fixed", or even them ordering in another one for you. Once again, the legislation says you are ENTITLED to a full refund. Not that you MUST have a full refund. That puts all the choice in the hands of the customer, instead of the retailer.

 

In this case, as the OP has said, the gun is being sold as 'brand new'. The OP goes on to say that the retailer is selling the gun as describing it as

"the rifle was in new condition ad selling as new"

In which case, the LAW applies. If the retailer was selling the gun as "Water damaged, unsure of any condition", then yes, it would be entirely up to the buyer to ascertain BEFORE buying that the condition was good enough, much like purchasing a car under auction conditions.

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I see where you are conning from but as the op said the retailer bought to his attention the history behind the reason for the massive reduction in cost then the op is buying it knowing something might not be quite right. To this effect a 7 day no quibble guarantee was being given and at £900 it sounds good to me but hay ho I'm not a lawyer :-).

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  • 1 month later...

hi all a update on above

 

went back on the monday and bought the rifle, negotiated that they refinished the stock to get mark out, scewcut the barrel and got it all i for £800 quid, absolute bargain, genuine schultz mounts were expensive though at £300, put on a sonic moderator. anyhow went off for the work and picked up a couple of weeks later. put on quality scope and shoots as straight as a beggar can spit. went out stalking a couple of weeks ago but no joy. got a couple of other stalks booked for feb. anyhow have added a couple of pics that dot really do it justice gun is in new mint condition. could not be happier.

 

please no comments about bolt in etc i did ensure safety as utmost priority

post-72392-0-48920900-1449403398_thumb.jpg

post-72392-0-40093900-1449403424_thumb.jpg

Edited by 7daysinaweek
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Looks very nice. A keeper. :good: Are you fitting a bipod?

yes Scully will be fitting one in the next couple of weeks, this is my first centrefire and just getting used to it, it is a bit different to the rimmy, all good though. got 8 stalks booked in the next 10 weeks and will be out on crows and other vermin with it from feb onwards. happy days

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yes Scully will be fitting one in the next couple of weeks, this is my first centrefire and just getting used to it, it is a bit different to the rimmy, all good though. got 8 stalks booked in the next 10 weeks and will be out on crows and other vermin with it from feb onwards. happy days

 

 

Nice looking rifle, you have been very lucky with your buy :good: Get out on those crows and vermin, get the practice in and you will soon get some Venison in the freezer. :good:

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hi malk and doughy

 

dont think it has been reproofed as cost i think was £50 which i negotiated into the deal, it was done through the shop i bought it from, macovoys in lancashire which are a quality gunshop, know loads of people who have had work done through them and all good. is it true that it is a legal requirement to have re proofed if selling on? is probably going to be a gun for life hopefully.

yes getting back out again in next couple of weeks. weather here in liverpool been atrocious last few weeks, just wind and rain, feel for those poor people up in cumbria and yorkshire. looking forward to getting out on the vermin also, also looking at reloading. me mate does a lot of long range shooting competition so am also looking at doing some range work also to get used to it

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Sounds good. Reproofing only necessary if selling. You can 'gift' it to someone without reproof.

Looks a top quality piece of kit and will hold its value. I think if you sold it , it could turn out to be one of those guns we have all regretted selling at some point. Meanwhile , enjoy it.

Edited by Scully
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hi all a update on above

 

went back on the monday and bought the rifle, negotiated that they refinished the stock to get mark out, scewcut the barrel and got it all i for £800 quid, absolute bargain, genuine schultz mounts were expensive though at £300, put on a sonic moderator. anyhow went off for the work and picked up a couple of weeks later. put on quality scope and shoots as straight as a beggar can spit. went out stalking a couple of weeks ago but no joy. got a couple of other stalks booked for feb. anyhow have added a couple of pics that dot really do it justice gun is in new mint condition. could not be happier.

 

please no comments about bolt in etc i did ensure safety as utmost priority

 

You did the right thing buddy. looks very sweet indeed. i think the glass helped lol.

 

i was so tempted with the S/L in 6.5SE but ended with a .creedmoor.

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