Private seller question
Comments
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Agree with the above, unless it was not as described then I'd be informing him to come and collect his phone. I have to say though all this shenanigans regarding your "address" does make you sound like a bit of a scammer.0
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Agree with the above, unless it was not as described then I'd be informing him to come and collect his phone. I have to say though all this shenanigans regarding your "address" does make you sound like a bit of a scammer.
I didn't scam anyone. I originally met him at my house, I later told him it wasn't mine as I didn't want him turning up again as originally mentioned. When he asked again for the purpose of insurance, as he assured it would be sorted that way, I just gave him my old address as I saw no reason for him to have my actual address. I originally only gave him my postcode and directed him where to go so that's the reason he wouldn't have known.0 -
unholyangel wrote: »Private sales don't have any stipulation about quality or fitness for purpose. The only relevant parts to private sales is that the seller must have good title and that the goods must be as described.
So the buyer would have to prove the goods didn't match their description at the time of sale rather than the phone being faulty.
I know. The op said at the point of sale they switched the phone on and showed the customer it worked perfectly. I doubt (and I suspect a court would doubt) they gave this demonstration without saying something to the effect that the phone was in proper (or even perfect) working order.0 -
Tell him you sold him a working phone and are not refunding. End it saying you'll be ignoring his communication thereon.
Do tell him he's not having your address and the address you gave is not yours so he can go round and get it.
But does he know your address? The address he picked it up from... is that yours and you've fobbed him off0 -
If you have nothing to hide then why all the cloak and dagger stuff, when i sell stuff i try to get local buyers only i invite them to collect or i will deliver i make sure they are happy with the item and i always make sure they see it working.
What was wrong with him shoving a note through your letterbox? i'd of done the same if nobody was in or answered the door.
i am begining to think theres more to this than meets the eye even if you have not got the money to refund him am sure an arrangement could be reached by both parties. By hiding or trying to avoid the situation your in makes me think you have sold the guy a dud and hes not a happy bunny.0 -
I know. The op said at the point of sale they switched the phone on and showed the customer it worked perfectly. I doubt (and I suspect a court would doubt) they gave this demonstration without saying something to the effect that the phone was in proper (or even perfect) working order.
That would help the buyer how? He'd be admitting it was working correctly. He seems to have reaffirmed this (that it was working fine) via message with OP hours later. His own evidence would indicate the phone was working (even if OP had given those assurances that it was in full working order) at the time of sale.
As the phone worked with OP and with the new owner for the first few days, it would (imo) be more likely something the new owner has done/installed. And the burden would strictly be on the buyer to show it didn't match its description at time of sale. If its failed 3 days in, thats unfortunately one of the risks you take buying privately.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
unholyangel wrote: »That would help the buyer how? He'd be admitting it was working correctly. He seems to have reaffirmed this (that it was working fine) via message with OP hours later. His own evidence would indicate the phone was working (even if OP had given those assurances that it was in full working order) at the time of sale.
I was not saying it would help the buyer. I was giving one reason why I took the view that the seller would have described the phone as being in proper working order at the point of sale.
I think the above is consistent with my point that if the matter goes to court it will depend on whether or not the court believes the phone was faulty when it was sold.As the phone worked with OP and with the new owner for the first few days, it would (imo) be more likely something the new owner has done/installed. And the burden would strictly be on the buyer to show it didn't match its description at time of sale. If its failed 3 days in, thats unfortunately one of the risks you take buying privately.0 -
I was not saying it would help the buyer. I was giving one reason why I took the view that the seller would have described the phone as being in proper working order at the point of sale.
I think the above is consistent with my point that if the matter goes to court it will depend on whether or not the court believes the phone was faulty when it was sold.
I know it might not be what you mean, but your wording.....again, the buyer has no rights for faulty goods. They need to prove that 1) x formed part of the description and 2) that the goods failed to match that description at the time of sale.
That is something that can be extremely difficult to prove normally, never mind in these specific circumstances where the evidence seems to indicate the goods weren't of satisfactory quality rather than not meeting their description.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
unholyangel wrote: »I know it might not be what you mean, but your wording.....again, the buyer has no rights for faulty goods. They need to prove that 1) x formed part of the description and 2) that the goods failed to match that description at the time of sale.
I meant what I said.
I am not sure whether you have forgotten what I said in post 14 or don't understand the significance of what I said. Either way it is not important.That is something that can be extremely difficult to prove normally, never mind in these specific circumstances where the evidence seems to indicate the goods weren't of satisfactory quality rather than not meeting their description.
Not sure how you can reach a view on whether the goods met their description when you don't know what description was given at the point of sale.0 -
NotRichAtAll wrote: »If you have nothing to hide then why all the cloak and dagger stuff, when i sell stuff i try to get local buyers only i invite them to collect or i will deliver i make sure they are happy with the item and i always make sure they see it working.
What was wrong with him shoving a note through your letterbox? i'd of done the same if nobody was in or answered the door.
i am begining to think theres more to this than meets the eye even if you have not got the money to refund him am sure an arrangement could be reached by both parties. By hiding or trying to avoid the situation your in makes me think you have sold the guy a dud and hes not a happy bunny.
What on earth are you talking about? I explained the reasons. I was in contact with him after I had sold it and we were talking about possible solutions. It was only after he turned up when I told him not too and started threatening me I got wary. I didn't appreciate him turning up even when I told him I wasn't in, there is no need to put letters through my door and concern other people who have no business in the matter. It was not exactly like I was ignoring him, was it? We were in contact.
As you said, I made sure he was happy and he got to see the product working and used it for a couple of days before he first complained...0
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