1944 Long Branch No.4 MK1* T

[AngusMcRat]

Gents,

Many thanks for all your comments.

The 2013 photos look very like the staging/style of a UK dealer based in SE England (Kent?).

That was my immediate thought.

As for the dealer I bought the rifle from, he is UK based and having discovered the back story, may have been used as a pawn by the previous owner of the rifle. I will be writing to the dealer who sold me the rilfe with all the facts that have come to light and fully expect to be told to take a hike if I get a reply at all. Thereafter I have a number of courses of action open to me which I intend to pursue.

As for the Statute of Limitations, S32 states

any fact relevant to the plaintiff’s right of action has been deliberately concealed from him by the defendant...........the defendant include references to the defendant’s agent........the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be)

so on the face of it I should be alright although I will take advice on it.

As for the serial number, I will discuss the matter with my local firearms department with whom I have a very good working relationship with as I'm the Police Liaison Officer for one of the clubs I belong to.

I will let you know what happens.

All the best.

Neil

Information

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[GeeRam]

As for the dealer I bought the rifle from, he is UK based and having discovered the back story, may have been used as a pawn by the previous owner of the rifle. I will be writing to the dealer who sold me the rilfe with all the facts that have come to light and fully expect to be told to take a hike if I get a reply at all. Thereafter I have a number of courses of action open to me which I intend to pursue.

As for the Statute of Limitations, S32 states so on the face of it I should be alright although I will take advice on it.

Do you still have a printed out copy of the RFD's original advert for the rifle, showing his exact description?
As without that, its just his word against yours and probably not worth bothering to make contact.
If you have a copy of his wording which states its a real one with no vague 'arse covering' phrasing, then yes make contact and see what he says.

[Alan de Enfield]

Can you remember if the RFD was selling it as 'his own' rifle or on behalf of the owner.

Big difference in legal liability.
It is was 'miss-described' and it was his rifle you have some legal come back.
If he was selling it on behalf of the owner he has no responsibility for it as he was simply acting as a broker. The owner is unlikely to have any liability either as it was in effect 'a private sale' and it is Caveat Emptor.

Speak with the RFD but I'd suggest you tread lightly in the first instance as going in 'all guns blazing' may just lead to 'not my responsibility mate'.



Fit for purpose?
The Sale of Goods Act 1979, under which traders must sell goods that are as described and of satisfactory quality, applies to second-hand goods just as it does to new ones. But the level of protection you’ll receive will vary depending on who you are buying from.
If you’re buying a used item on eBay from an official company, for example, you will be protected under the Sales of Goods Act in its entirety. This means that the goods must be of satisfactory qualify (as assessed by a reasonable person, bearing in mind the items are second-hand), as described by the seller and fit for purpose.
This is also the case when buying from any standalone official online retailer – whether the goods are second-hand or new. In fact, in this case, another layer of protection will apply, known as Distance Selling Regulations.
“As you haven’t been able to see the goods, this law states that you have a seven-day cooling off period, which starts from the day after delivery, in which to change your mind,” says Frank Shepherd, spokesperson for the Office of Fair Trading. This means you can get a full refund without having to give a reason – regardless of whether the goods are second-hand or new.
To get additional protection, it’s also wise to use a credit card when making an online purchase from a company, as you will be protected by the credit card company itself under Section 75 of the Consumer Credit Act. The Act provides protection on goods between £100 and £30,000 in value. But even if you just put a deposit on the card, you are still protected for the full amount.

However, if you’re buying from an individual – which constitutes a private sale – the rules are slightly different. For example, the so-called ‘implied terms’ of the Sales of Goods Act only apply to title and description, not to quality. This means the goods must simply correspond with the description, and be legally owned by the seller.
“That means a dress can’t be a size 12 if it was described as a size 18,” says Stephen McGlade, a solicitor at consumer group Which?.
However, if an item is advertised as “a three-year-old bike”, for example, it doesn’t mean it has to work, just that it has to be three years old. In this case, especially when the item has been well-used, the transaction remains a case of caveat emptor, or ‘buyer beware’. “This, put simply, is why you pay a lower price for second-hand goods,” says McGlade.

A bit more here :

Consumer rights – what you need to know - Money Advice Service