Sale of goods act - I agreed to buy but parent paid - Who is the contract between?

[smee204]

Hi I agreed to buy a laptop from Dell but then the laptop was paid using my parents credit card and was invoiced to them. The laptop when received was registered under my name.

The laptop is faulty and I am having to take legal action. Does the sale of goods act cover me? Or is it my parents as they were on the invoice?

 

The sale of goods act says:

" Buyer " means a person who buys or agrees to buy goods

 

To me I think I agreed to buy the goods but my parents purchased it.

 

Who is covered or are we both?

 

Currently the small claims case is under my name is this going to be a problem?

[renegadeimp]

How long has it been since you received the laptop and it developed a fault? If it was pretty much immediately, and Dell wont play nice, quote the SOGA to them, and get a full chargeback issued.

 

As for legal action, make sure you prepare a full LBA before you use MCOL or a private solicitor.

 

 

As for your question, its normally the person who paid for it that can issue a claim. HOWEVER, since it was gifted to you, and the comp is registered in your name, then it is 100% your machine. It doesnt really matter who paid for it if it was gifted.

[rebel11]

Hi smee

 

Welcome to CAG

 

Have a read of 12 and 13 in my signature.

 

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES CLICK HERE

 

Info on Chargeback:- http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-debit-cards/

 

Info on small claims:- http://www.which.co.uk/consumer-rights/making-a-complaint/taking-a-dispute-to-the-small-claims-court/