Just some advice?

davedeb

Hope this is posted in the right place???
Anyway- I sold an item to this guy thinking that it was as I had avertised on ebay. This guy has it for over 3 weeks and it turns out that it was the previous model and not as stated by myself. Honest mistake on my part and I offered him a full refund. The people who I bought it off were more than happy to refund me as they also realised the mistake - you would think everyone is going to be happy?? Well this guy sends the item back and its been used and is damaged. I've told him that I cannot refund on that basis and now he is threatening all sorts of things (ie Police, Inland Revenue, Small Claims Court etc etc).
Any advice anyone????

VH

All mouth and no trousers!

He shouldn't have used it and should have returned it immediately whether you were in the wrong or not. You can't just bash something up if you intend to return it.

If the item is of lowish value I would refund his money and put it down to experience.

If it's going to leave you a bit out of pocket then I would politely tell him where to get off. You'll obviously get negative feedback in return but you'll just have to live with it.

JPS

Sounds very frustrating! The buyer has no right to return the item over 3 weeks after it has been purchased and used to such an extent that you can tell it has been used!

Tell him it has been used and is,as you said damaged and explain as nicely as you can that you do not have any obligation to refund a used item, it would have only been refunded if it was unused.

May I ask what you sold?

Josh

davedeb

Many thanks every one for your advice, it all sounds as though I am right in the stand that I am taking. Please give me more if needed. The item is an Ipod, by the way, so I think that this guy may feel that it is worth pursuing the matter through the Small Claims Court???

stavros_2

In all seriousness he may have a case that you sold him the wrong goods in the small claims court

the worst outcome is you give him a partial refund for this (as in the difference in value between the two models) and he keeps it, or you get it back (i suppose it depends how badly it is damaged if you wanted it back?)

obviously you cannot give out a full refund as it is damaged and unsaleable now

if i were you i would politely say that as you have only just had the matter brought to your attention 3 weeks after the sale, coupled with the fact it is damaged, you cannot give out a refund

if it all gets too much you can offer a partial refund but definitely no more

sorry if this is considered poor advise, just my 2 cents :-/

VH

Have a look on the Office of Fair Trading or Trading Standards websites for stuff on returned goods. Pretty sure that there will be something that says if you return something, not only is there a time limit, but the goods must be in the state you received them in.

Quote him a few sentences from these websites and that should probably stop him pursuing it any further. Even if he persists then I think you have little to worry about.

stavros_2

that may be so but the sale of goods act does not cover private sales and i'm not sure if he would have a case regarding the selling of goods that are not as described (breach of contract)

sorry to sound negative :-/

VH

Agreed that the buyer does have a case as goods were misdescribed.

Nevertheless by using the item and giving it a good bashing I would have thought that this forfeits his rights, returned goods should really be in the same condition you got them in.

stavros_2

yeah definitely agree in principle, i just don't know what would cover it as it's normally in the sale of goods act that it's gotta be in the same condition it was received in, but obviously that's irrelevant in this case

don't suppose you know what would cover private sales ???

that's why i said he might have a case as regards a partial refund, although i'm not sure

JPS

What model did you sell him and what model should it have been? Is there a big price difference? I can see why he would be annoyed if you sent a 20GB version when it was advertised as 40GB for example - but I know it is a mistake so it is no ones fault.

Let us know.

Josh

VH

I had a look on a couple of trading standards websites and private sales aren't covered by trading laws. The general principle which operates is 'Caveat Emptor', or 'Buyer Beware'.

As far as I can see the only recourse with private sales is to file a claim in the courts, which is expensive and risky. Either that or go round to the buyer's house and do them in. ;D