Looking for advice. Second hand machine not supplied as agreed.

[Bumble Bee]

I recently bought a second hand sprayer from a farmer. I went and looked at the machine in person before agreeing a deal.
The farmer originally agreed to fix a few items on the machine before i picked it up. Unfortunately he now disputes this and has not done the work.
When the machine was delivered i realised that the 2 sets of spray nozzles had been removed. I contacted the manager and he said he hadn't realised that they'd been removed. He agreed to return them. After 2 months and a few messages and phone calls, 2 sets of nozzles arrived in the post. Unfortunately not the guardian airs or defys that were fitted, but some well used flat fans. Only enough nozzle caps for 1 set of nozzles and now cap seals.
Having given them a chance to rectify these oversight, am i with my right to just send them a bill for parts, nozzles etc or is there a better way of pursuing this?
You thoughts would be greatly appreciated.

 

[Dave W]

welcome to the world of buying off some farmers.
Legally I'm not sure you have a leg to stand on unless you have something in writing.

 

[JD6920s]

I recently bought a second hand sprayer from a farmer. I went and looked at the machine in person before agreeing a deal.
The farmer originally agreed to fix a few items on the machine before i picked it up. Unfortunately he now disputes this and has not done the work.
When the machine was delivered i realised that the 2 sets of spray nozzles had been removed. I contacted the manager and he said he hadn't realised that they'd been removed. He agreed to return them. After 2 months and a few messages and phone calls, 2 sets of nozzles arrived in the post. Unfortunately not the guardian airs or defys that were fitted, but some well used flat fans. Only enough nozzle caps for 1 set of nozzles and now cap seals.
Having given them a chance to rectify these oversight, am i with my right to just send them a bill for parts, nozzles etc or is there a better way of pursuing this?
You thoughts would be greatly appreciated.

Very frustrating, sounds like you’ve got as much as your going to get.
Time to name and shame!

 

[MF 168]

I can't speak for the laws in the UK but this side of the pond it's buyer beware if nothing in writing.

 

[Spud]

I'd send a bill as you suggest (be fair) with a covering letter. Make it clear that action will follow if they fail to pay said bill.

Have you not just sold a sprayer?

 

[Exfarmer]

Sadly you have made many mistakes and I suspect there is little you can do.
should have taken pictures of the machine and specified in writing when you paid what had been agreed and the fittings and spares which were to come with it. Then when you had it delivered you should have signed , “ uninspected”
I would be very wary of trying to take any action, as I suspect you will be throwing good money after bad.

 

[Renaultman]

A set of Defys and GAs are a good lump of money. I would send a bill, and if you don't get compensation threaten to name and shame. You may never get your money but at least others will be aware.

 

[Dave W]

A set of Defys and GAs are a good lump of money. I would send a bill, and if you don't get compensation threaten to name and shame. You may never get your money but at least others will be aware.

If he's got no proof of what was agreed then naming and shaming would be libellous.
Not suggesting for a second it's not the truth, but at the end of the day we've only heard one side of the story.

 

[Robt]

Agree with what Dave W has said! Sadly you didn’t get a confirmation of order with specific detail.... welcome to the easy money world of used farm equipment!

 

[Bumble Bee]

Thank you for all your replies.

I do have pictures of the sprayer from when i went to inspect it. They show the nozzles fitted. When i noticed the nozzles were missing, i contacted the farm manager who claimed that he hadn't realized that they had been removed. I also have a message from him saying that "i shall locate and send the nozzles too you". This he clearly has not done.

Regarding the repairs that were not done.... i have a message inferring that they would be done and also another message informing me that "i haven't managed to sort the windscreen and the aircon I'm afraid. I hope that isn't too much of an issue ".

I was letting that issue go but with this nozzle debacle, it has become apparent that they never had any intention of dealing in a straight and decent manner.

 

[pellow]

Had similar last year, with a sprayer as well coincidentally, the sprayer was just out of test, I knew this, the tank had been punctured in the bottom and had a fresh fibreglass repair that I had not noticed, the MOT man was not happy with it and it seems highly likely the previous owner had sold it because of this, of course he first denied knowledge of the repair and then said he couldn’t see why it wouldn’t pass the test

 

[tweedale terrier]

wouldn’t it be nice if people were just honest rather than trying to hoodwink you at every turn. Karma will hopefully sort the wan**rs out.

 

[Exfarmer]

Thank you for all your replies.

I do have pictures of the sprayer from when i went to inspect it. They show the nozzles fitted. When i noticed the nozzles were missing, i contacted the farm manager who claimed that he hadn't realized that they had been removed. I also have a message from him saying that "i shall locate and send the nozzles too you". This he clearly has not done.

Regarding the repairs that were not done.... i have a message inferring that they would be done and also another message informing me that "i haven't managed to sort the windscreen and the aircon I'm afraid. I hope that isn't too much of an issue ".

I was letting that issue go but with this nozzle debacle, it has become apparent that they never had any intention of dealing in a straight and decent manner.

Sounds like you have a good case for the small claims court. You obviously have far more evidence than was apparent in your original post.
Put together a figure that it would take to bring it up to the standard you expected, and demand payment stating your evidence, otherwise you will take them to court

 

[ISCO]

Verbal contract is legally binding. The problem of course is proving what was verbally agreed of seller is prepared to lie.

 

[Dealer]

You dealing with the manager

Get hold of his boss

 

[Bumble Bee]

You dealing with the manager

Get hold of his boss

I emailed the boss and he didn't even have the courtesy to respond!

 

[Dealer]

Write a letter

State your full grievance and what you expect from them

Also set a time line you want them to rectify the situation by.

State you will Persue through small claims and you will pursue them for any additional costs involved

Send them copies of your pictures as well

Good luck

Not sure what cost of the missing parts are worth but sometimes the hassle any distraction from your business might not be worth pursuing.

 

[Steevo]

welcome to the world of buying off some farmers.
Legally I'm not sure you have a leg to stand on unless you have something in writing.

Haha, farmers?! I've had almost similar treatment from franchised dealers!! Many many many dealers seem to take in a used machine, and pass it back out the door with a hefty margin on top and having done nothing at all to the machine.....then want to be able to sell it as "no warranty" or such like.

It almost tempted me to start a thread on here titled "Machinery dealers you can trust".

In many respects I'd choose a smaller dealer over a bigger one for exactly this reason.

 

[Chae1]

If you go to see it, pick it up. Just remind them you know where they live before you leave.

 

[betweenthelines]

First "I bought something, now I've had it a few months I have decided I'm not happy with it, what should I do?" thread of the year.

Just waiting for the first "How much should I charge for........." thread of 2020

Before you know it, it'll be "Wagon or SPF?" time.