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  • FIRST POST
    • hmiah007
    • By hmiah007 9th Jan 18, 9:38 PM
    • 14Posts
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    hmiah007
    Private Sale Refund
    • #1
    • 9th Jan 18, 9:38 PM
    Private Sale Refund 9th Jan 18 at 9:38 PM
    HI

    Sorry to ramble on just after some advice on what to do and where I stand.

    Basically I was given two sets of bags for my birthday which I already owned, this I advertised them on Facebook messenger for sale as they werenít required.

    They where sold as Ďbrand new 6piece Set never usedí and a description of the items thatís came with it.

    The buyer messaged me asking for it to be held for about a week till they get paid which I did and was sold to them.

    The bags where doubled checked and zippers checked before being taken to them which they inspected and was happy to purchase them.

    The next day they messaged me stating that upon them trying to use the 2 pieces of the set the zippers failed and they want a refund for one set which is £150.

    Now issue is before I sold the items I doubled checked and they was fine and had no faults with them, the buyer had ample time to check over and decided not to check them properly as they was happy and purchased them.

    Issue is now they are messaging me stating to do the right throng and give them a full refund or a partial refund otherwise will take things further.

    Question is, where do I stand in this since I sold something that was not faulty which I believe she may have been heavy handed and damged the zipper her self and insisting a refund or 75% of it.

    Iíve offered to replace a smaller bag that I have of the same and a £10 good will gesture to get the zips fixed but they are now threatening me with legal action if I donít give them what they want.

    Sorry about the long post just getting stressed out over this issue.

    Any help & advice will be highly appreciated.

    Hanna
Page 1
    • Greta Sharbo
    • By Greta Sharbo 9th Jan 18, 9:51 PM
    • 125 Posts
    • 142 Thanks
    Greta Sharbo
    • #2
    • 9th Jan 18, 9:51 PM
    • #2
    • 9th Jan 18, 9:51 PM
    In a private sale the purchaser has fewer rights than when buying from a trader.

    1) the seller must have good title (ie they are yours to sell)
    2) the goods must be as described

    The onus is on the purchaser to prove the breach.

    That's it. If they can't you don't owe them anything. Offering a good will gesture will be one thing but they might keep asking for more if they think you might be a soft touch, or not know your rights.
    • dj1471
    • By dj1471 9th Jan 18, 9:53 PM
    • 1,019 Posts
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    dj1471
    • #3
    • 9th Jan 18, 9:53 PM
    • #3
    • 9th Jan 18, 9:53 PM
    Ignore them. They have no rights here - the items were as described at the time of sale, end of story.

    Only if the items were misdescribed would they potentially have a case.

    Seems unlikely that the zips would fail on both items within a day, no? They're probably trying to scam you in some way.
    • hmiah007
    • By hmiah007 9th Jan 18, 10:11 PM
    • 14 Posts
    • 6 Thanks
    hmiah007
    • #4
    • 9th Jan 18, 10:11 PM
    • #4
    • 9th Jan 18, 10:11 PM
    Thanks for replying x

    I advertised the items as a list of what the 6pieces was such as;

    Brand new 6piece Set never used
    Bag
    Bag
    Bag
    Bag

    And they received such items which they did inspect but didn’t bother inspecting properly as they were happy with it so payed for the stuff.

    Been getting conflicting information stating since it was faulty they are in titled to a full refund and the advice you gave.

    Wikk just stick with what I originally offered and give them a good will gesture of £10 and send a replacement item if they want it otherwise will be informing them not to contact me at all.
    • stuartJo1989
    • By stuartJo1989 9th Jan 18, 11:26 PM
    • 388 Posts
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    stuartJo1989
    • #5
    • 9th Jan 18, 11:26 PM
    • #5
    • 9th Jan 18, 11:26 PM
    Been getting conflicting information stating since it was faulty they are in titled to a full refund and the advice you gave.
    Originally posted by hmiah007
    Well, it depends on what you are.

    Sole trader, LTD company etc? If so then you legally have to prove that the item isn't faulty (at manufacturer level) and that the item was as described (brand new).

    If it is a private sale then I believe that you don't have to prove anything (see other posters' replies), the onus is on them. May be worth going to the likes of CAB if you'd like a more "official" viewpoint.

    Wikk just stick with what I originally offered and give them a good will gesture of £10 and send a replacement item if they want it otherwise will be informing them not to contact me at all.
    Yea, that's understandable BUT I think you need to be a bit firm with them.

    Something along the lines of:

    Hi X,

    I received two of these bags brand new for a special occasion. I have decided to sell one immediately as a one-off sale as I did not need 2. I have checked the item fully before posting and there were absolutely no defects, damage or inconsistencies with the item.

    I am offering you a £10 goodwill gesture (and another bag? meh) without prejudice to help with repair costs for the damage which is now present. Please indicate whether you would like to accept and I will arrange payment.

    I will not be entering into any further conversation regarding this bag as I am not liable for the damage which is now present.


    And then just leave it.
    • hmiah007
    • By hmiah007 9th Jan 18, 11:45 PM
    • 14 Posts
    • 6 Thanks
    hmiah007
    • #6
    • 9th Jan 18, 11:45 PM
    • #6
    • 9th Jan 18, 11:45 PM
    Iím a private individual not a company at all just selling on an unwanted gift.

    Just re-read their messages they sent and have stated that on Ďthe first day of usageí the zipper failed, so Iím now sure that they have them selves damaged the zipper during usage and trying to get a refund otherwise if the zipper was faulty when they inspected it would of fit in touxhbstraught away.

    Sadly as the sale was made through a friends Facebook market place they have been hounded by the buyer as well.

    Will be speaking to my local cab tomorrow for clarification and then not even offer anything if they keep their threats up.

    Once again thank you and everyone else who have given advice xx
    • KeithP
    • By KeithP 10th Jan 18, 1:21 AM
    • 5,147 Posts
    • 3,616 Thanks
    KeithP
    • #7
    • 10th Jan 18, 1:21 AM
    • #7
    • 10th Jan 18, 1:21 AM
    As has already been said, you need to do nothing.

    The goods were delivered to the purchaser.
    He/she had the opportunity to inspect the goods at the time of delivery.
    The buyer was satisfied that the goods matched the description and indicated this by paying for the goods.
    For a private seller, that is the end of the matter.

    Anything that happened after the sale is the sole responsibility of the new owner.

    Be wary of giving a goodwill gesture.
    I would suggest this is just some attempt to get a 'discount'.

    Have you even seen the damage yet?

    If you feel obliged to do something, it might be an idea to ask for all the goods to be returned and a full refund given.
    .
    • stuartJo1989
    • By stuartJo1989 10th Jan 18, 2:13 AM
    • 388 Posts
    • 380 Thanks
    stuartJo1989
    • #8
    • 10th Jan 18, 2:13 AM
    • #8
    • 10th Jan 18, 2:13 AM
    Will be speaking to my local cab tomorrow for clarification and then not even offer anything if they keep their threats up.
    Originally posted by hmiah007
    Tbh I think that now you've offered it, you should leave the £10 offer on the table (maybe go back on the extra bag deal). Just make sure it is "without prejudice" which effectively means that you do not admit liability. And make sure that you nicely state that this is your final position.

    As long as £10 is not a huge chunk of the price you sold it for, of course...
    Last edited by stuartJo1989; 10-01-2018 at 2:16 AM.
    • hmiah007
    • By hmiah007 10th Jan 18, 3:29 AM
    • 14 Posts
    • 6 Thanks
    hmiah007
    • #9
    • 10th Jan 18, 3:29 AM
    • #9
    • 10th Jan 18, 3:29 AM
    Havenít seen the damage that they claim as they said they would send a picture which they havenít done.

    Also sending me a massage stating that the Zilu Ďfailedí upon usage suggest they was using it thus itís been used not new anymore.

    Donít think I will be given a full refund upon return of goods due to the fact that the items was new and not damaged before being sold and she had ample time to check before handing over the monies.

    Also I do not believe they would leave the items aside and only check before being used the next day. Surely she checked the goods upon taking them indoors with everything being sound till they damaged the zippers the next day whilst using it in their own words:

    Ďon the first day of use the zippers brokeí
    ĎI did not use the bags until the next day thatís why the zippers brokeí

    So I can assume whilst using they damaged it and now trying to get a refund/partial refund for goods the damaged.
    • hmiah007
    • By hmiah007 10th Jan 18, 3:31 AM
    • 14 Posts
    • 6 Thanks
    hmiah007
    Iíll would still offer them what I said regarding the goodwill gesture as Iíve already said it but would leave it upto them wether they want it or not since Iíve gone over their messages it shows they used the goods before the zips failed.
    • hmiah007
    • By hmiah007 10th Jan 18, 12:23 PM
    • 14 Posts
    • 6 Thanks
    hmiah007
    Afternoon

    Just been to the local cab office and now confused as hell.

    According the the advisor I spoke to whom spoke to his manager, they are stating the buyer has the right to ask for a full refund as it’s a faulty product.

    Not sure what to do as in one sense just want to refund now to get it over with l, on the other hand stand my ground since the zip on the bag broke whilst being used.
    • DoaM
    • By DoaM 10th Jan 18, 12:39 PM
    • 3,772 Posts
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    DoaM
    CAB are often very wrong.

    As a private individual, the goods you sell must be as described and you must have good title to be able to sell them. That's ALL. A private sale confers no offer of quality, fitness for purpose or free from defects - those are things a business seller must offer.

    However the way you are replying to posts confuses me ... why would you offer a £10 goodwill gesture AND another bag? This is the sort of thing a business would do.

    PS - an earlier post was talking about YOU refunding YOUR buyer, not you getting a refund from the manufacturer.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • marcarm
    • By marcarm 10th Jan 18, 12:39 PM
    • 694 Posts
    • 832 Thanks
    marcarm
    If the buyer wanted a warranty/consumer rights they should have gone to a shop where they would pay more for the product. Buying off a private seller you forgo those rights but you also pay less for the product, assuming as said above you have full title and they are as described

    The advice you have got on here is good, CAB have been known to not get it right every time
    • KeithP
    • By KeithP 10th Jan 18, 12:44 PM
    • 5,147 Posts
    • 3,616 Thanks
    KeithP
    I repeat...

    Do not refund anything without the return of the alleged faulty goods.

    Quite simply - this is a buyer that thinks they can get an easy discount.
    .
    • hmiah007
    • By hmiah007 10th Jan 18, 1:18 PM
    • 14 Posts
    • 6 Thanks
    hmiah007
    Sorry to be confusing.

    Long story short, as I received 2 sets of bags as birthday gifts which wasnít required so I advertised to sell them.

    The good will gesture was offered purely for the fact that they bought both sets of bags and as I already own a small pouch which they are claiming the zip broke offered to send mine and the £10 to get the Ďotherí zip fixed.
    • hmiah007
    • By hmiah007 10th Jan 18, 1:22 PM
    • 14 Posts
    • 6 Thanks
    hmiah007
    Just spoken to an agent from consumer line and they have said exactly what you guys have said and that I’ve been misinformed by my local can office.

    Have asked me to message the buyer to state if they are using the short term refund claus if so the burden is on them to prove they where sold faulty goods on the point of sale.
    • verityboo
    • By verityboo 10th Jan 18, 1:56 PM
    • 902 Posts
    • 1,119 Thanks
    verityboo
    Just spoken to an agent from consumer line and they have said exactly what you guys have said and that Iíve been misinformed by my local can office.

    Have asked me to message the buyer to state if they are using the short term refund claus if so the burden is on them to prove they where sold faulty goods on the point of sale.
    Originally posted by hmiah007
    But in a private sale there is no short term refund clause - they are talking rubbish again. Ignore the buyer
    • DoaM
    • By DoaM 10th Jan 18, 3:19 PM
    • 3,772 Posts
    • 3,835 Thanks
    DoaM
    Indeed. The local CAB were wrong ... and the Consumer line CAB were wrong in a different way. They were both wrong in that they were still assuming you were a business seller.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • hmiah007
    • By hmiah007 10th Jan 18, 4:04 PM
    • 14 Posts
    • 6 Thanks
    hmiah007
    Hi everyone

    Surprise surprise the buyer was trying it on.

    Since I sent them a message stating I’ll get back to them after receiving advice as well as asking for proof and stating the Bag has been used.

    They have got back to me now with a load of crap stating ‘apparently’ it was their mothers fault who claimed it to be broken and not them ect ect and are no longer wanting a refund.

    Glad it’s sorted either they are genuine in what has occurred or realised they are barking up the wrong tree.

    Whatever the reason it’s aorted now, what a relief.

    Would like to thank everyone who’s given me advice in helping to sort this situation out.

    Highly appreciate everyone’s time and advice given xx
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