I did state that the Act does not apply to private sellers - but that
buyers can still cite it as an exemplar of good practice in the Small
Claims Court

The Court arbitrator can take account of Statute Law in making their
decision - thus my view that it still applies to us even though Trading
Standards would have no role in its enforcement

In any case it is good practice to accept back goods a buyer does not
want when bought unseen through an OMP