ebay, im being sued

hewlett

hi can anyone give advice
i sold a printer on ebay , described as used in the main description and then "in as new condition" in the second description with all cables ect : . the printer worked fine before i sold it , but the buyer emailed saying it was not printing correctly and then stuck a negative feedback on me before i could reply . i did reply and then heard nothing for 3 months then i got emails requesting a refund as he had the printer examined by an expert who claims " it could never have printed correctly " and that it could not have been damaged in transit. i am unsure as to were i stand now as he has said he is seaking legal advice . the sale was for 172.00 and he is taking me to the small claims court , i dont know if the helps i am in scotland and he is in england

frivolous_fay

For a start, he deserves a neg for lack of communication.

Can't help with the legal side of things I'm afraid. You could offer a refund once the item is returned.

Moglex

The fact that he's waited 3 months should go in your favour.

I suggest that you reply that whilst you would have given a refund if he had returned the printer promptly, after 3 months you cannot know what he has done with it in the mean-time.

On the bright side, if he does go ahead with the small claims route, you can have the case moved to your local court.

I'd say, "we'll have to deal with it court", as you are gambling an extra £30 against the cost of the printer and carriage back.

sm00chie

personally i think they're trying it. If the printer wasn't working properly when recieved, why leave it 3 months then decide to do something about it??

i would reply stating that and see what the reaction is

smartie1976

sm00chie wrote:

personally i think they're trying it. If the printer wasn't working properly when recieved, why leave it 3 months then decide to do something about it??

i would reply stating that and see what the reaction is

That may just give the buyer the chance to make up an explanation though.
I'd just leave it at the "see you i court" option, and hit him with that if it ever gets that far.

Hintza

Three months for a used printer. Way too long, this is bullying tactics and probably bluff. Call it.

I sell quite a few printers and get very twitchy when the buyer leaves it for any length of time before contacting you about a fault/no ink etc you just never know what has been going on in the interim.

soolin

Hintza wrote:

Three months for a used printer. Way too long, this is bullying tactics and probably bluff. Call it.

I sell quite a few printers and get very twitchy when the buyer leaves it for any length of time before contacting you about a fault/no ink etc you just never know what has been going on in the interim.

The OP though says the buyer reported the problem after receipt, but then waited 3 months to recontact the OP to ask for a refund.

Soo

Hintza

soolin wrote:

The OP though says the buyer reported the problem after receipt, but then waited 3 months to recontact the OP to ask for a refund.

Soo

Yes that makes it a slightly trickier problem. But it is still too long, what has happened in the interim. Hewlett what was your reply?

Moglex

And what are they claiming the damage to be?

hewlett

sorry i should have made it clear that he did report a problem , the item sold on the 6 th july and he left negative feedback on the 7 th of aug . to which i did reply , it was not until 26 september before i heard any more.
i had up untill then a 100 % rating. and his negative feedback cannot be removed.

Nadia

hewlett wrote:

sorry i should have made it clear that he did report a problem , the item sold on the 6 th july and he left negative feedback on the 7 th of aug . to which i did reply , it was not until 26 september before i heard any more.
i had up untill then a 100 % rating. and his negative feedback cannot be removed.

So even the first time 'round he waited for a month before telling you there was something wrong. He must have damaged the printer himself. Tell him to take it to court if he wants to.