Any solicitors/ legal advisors?

[artiglio]

Good afternoon,

I bought a full f class setup from a "gentleman" (registered on this forum but no posts)in northern Ireland with 2 new spare barrels, which it turns out are shot out.

Can anyone tell me or ,point me in correct direction, can I use my local county court to issue a small claims case against a resident of northern Ireland.

I've searched high and low spoken to countless advice lines and courts, all you get is what you cannot not do rather than what you can. As a last resort I can issue through northern Irish court system but will have to appear there if the case is contested, not major problem but I will be unable to claim costs associated.


Many thanks in advance. Phil

[ovenpaa]

I am really sorry to hear this Phil and I have no idea how to answer either :( I assume you have spoken to the person question about the barrels being shot out? Also have you had the barrel condition confirmed by a third party?

Have you spoken to CAB about this, also you can often get the first 30 minute consultation with a legal type free of charge which may be worth looking at just to get some solid advice.

[Robin128]

I don't have a legal opinion, I'm a chartered management accountant.

If you are a member of BASC have a word with them first...a call from them to your RFD might just concentrate his mind.

Look at your household insurance and see if you have legal fees covered...in which case, give them a ring and get a solicitor.

If you bought from an RFD he could loose his licence without a court case, at the discretion of the Chief Constable.

I think your cases stands on description of goods and merchantable quality...Sale of Goods Act.

A Swansea RFD tried the same sh1t with me 2 years ago.


HTH

[ovenpaa]

NRA also have legal people and some of the F league rounds are hosted at Bisley. I bet they would be able to offer some advice.

[Chapuis]

I would have thought it was a case of Caveat emptor (buyer beware) if it was a private sale unless a false description was given.

From my limited experience in such matters and if the court system in N.I. is the same as in England & Wales, you will not be able to claim for legal fees if successful in your claim using the small claims process. If it goes to an actual hearing that will probably have to take place in N.I. though I think you should be able to claim for reasonable travelling costs but once again you will have to win your case first. Then there could be the problem of actually getting your money after winning a judgement.

[Gun Pimp]

Artiglio,

How were the spare (shot out) barrels described in the ad.?

This is what it comes down to - then establishing the actual condition - by shooting them?

Cheers
Vince

[artiglio]

Good evening gents,

The ad I bought rifle and barrels from was and still is on the gbfclass for sale page and clearly states brand new.

This claim is repeated several times in subsequent emails.

Vince you will most certainly know the person in question, the barrels are currently with a well respected rfd , that you will also know, he has borescoped them and given the opinion they are shot out.

The reason I discovered the problem is that the rifle was supplied by a northern Irish rfd , but was not proofed or the spare barrels, his claim was that as it was built in southern Ireland there was no legal requirement. My view is that as rifle was supplied within uk it should have been, so sent it all for proofing and asked for bores to be inspected by the

English rfd who agreed to arrange this for me.

I've contacted several helplines and courts and get differing opinions each time, though I'm reluctant to throw good money after bad ,I'm even more reluctant to let the matter rest, with a decision in my favour I can name and shame to my hearts content in the event I don't get paid.

The egntleman in question has it appears moved away from f class and onto benchrest.

Cheers phil

[Jenks]

Artiiglio..
I have very little knowledge of the law. (life time lifter of heavy things) but I suspect if you have parted with your 'Dosh' and the vendor refuses to give it back, then without chucking buckets of money at it you are probably stuffed. Possession is nine tenths of the law and he possesses your money! Sadly for you it is a case of 'Caveat Emptor.'
We tend to pay dearly for experience but hopefully we never make the same mistakes again. Never the less I wish you good luck. I hope you are able to resolve the situation to your satisfaction.

Jenks

[Robin128]

"...the rifle was supplied by a northern Irish rfd .

Have a wee chat with his FEO... and watch what happens to his licence.

[HeatherW762]

Good evening gents,


The reason I discovered the problem is that the rifle was supplied by a northern Irish rfd , but was not proofed or the spare barrels, his claim was that as it was built in southern Ireland there was no legal requirement. My view is that as rifle was supplied within uk it should have been, so sent it all for proofing and asked for bores to be inspected by the

English rfd who agreed to arrange this for me.



Cheers phil

This bit may be your saviour as I believe it is illegal to supply unproofed guns/barrels at all - anywhere.

As you are an NRA Member try calling Geoff Doe, NRA Firearms Liaison, on 07738730419 or firearmsliaison@nra.org.uk he should be able to help/get info.

Heather