Sold an item on free ads & now am having problems with the buyer

blue_monkey_2

How much is the item he wants, and can you get it 2nd hand? How much is the item worth?

Sounds to me like HE has - or has tried to - sell it on and the piece is missing.

Or you could hire a van yourself and go collect it. Keep all of the correspondance, everything, do not make threats, because if it does end up in court the judge will see that you have tried to rectify the situation and the buyer is trying to blackmail you.

Actually, I would send one more bit of correspondance by recorded delivery letter - tell the buyer that you cannot supply the exact part he wanted however you will supply x part as a replacement or you will arrange for the goods to be collected at his convenience. If he has not arranged this with 14 days of receipt of the letter, you will assume that the matter is now closed. Also, any further threatnening letters or emails will be taken to the police for them to deal with (and they DO take this seriously BTW). IF - and it's a big IF - he takes you to court then you will have enough proof to say 'we tried to sort the problem/collect the goods but he refused' as we believe that he does not have them in his possession and his claim will be thrown out, you will also point out that he was trying to blackmail you.

What you have to remember - there is a reason that he wants this actual specific part too. Can you say what it is that is so important to him?

I would consider going to the police with the threatening email because it sounds like he is trying to blackmail or threaten you - and this would be a matter for them - the missing part is a civil matter so they would not give 2 hoots about that.

blue_monkey_2

I've had something like this happen when I sold something small on eBay - buyer wanted her money back without sending me the goods and then she wanted me to send her a pre-paid envelope - in the end (amongst other stuff) she threatened to 'rip my head off'. I told her I was taking the emails to the police and it stopped and she never returned the item.

Some people want stuff for free, they more than likely spend a lot of their tiem doing this and bullying people into paying up - do not let this person bully you into giving them money. If he has a 'claim' then let him go to court and let them deal with it. Let them decide whether he has a claim or not.

And then tell the judge you have no money and make repayment arrangements at £1 a week.

That'll wipe the smug smile off his smug face. He is a bully - end of - by him saying he will do x, y and z if you do not give him £250 then he is bullying you. Make sure you send the recorded delivery letter today and make sure that you put in it that that all further threatening and bullying correspondance will be taken to the police and reported and this will be detrimental to any claim claim that he puts in as the judge will not look favourably on this kind of behaviour when it can be dealt with in the Small Claims Court. Make him aware that you are not afraid of any court action he might care to bring - you will also be able to choose the place that the hearing is held, so looks like he'll have to take a day off work for that too.

He is bluffing as this is why he has resorted to threats such as telling your hubbies work place - call it. And make it VERY clear that further bullying from him will NOT be tolerated and reported.

kprigg

Thanks once again for your replies.
The accessory can be bought for around £50, but rarely comes up on ebay etc so would have to be bought brand new. He seems to be suggesting that we pay the £50 or so for a new accessory, but even this is more money then we have spare & also given the way things are going I am not keen to pay for it. I think (& its just a feeling I have, so I dont know for certain) that he says he wants the part as he knows how difficult it is to get & is banking on us giving him the money instead.
I have forwarded the e-mails to a family member of a colleague of my father who works as a legal secretary in the hope they can be looked at to see if a) there is any other way of rectifying this & b) should the matter go to court, that we know where we stand legally. Until we hear back I don't want to send anymore correspondence to him incase it harms any case that may be bought.
I agree, it does feel like bullying. I dont know if the police would take any interest in the case, but its useful to know that could be an option if it continues.

melliott1963

Personally, I think you've done far more than you need to in order to try and rectify the situation. I wouldn't make any more offers as it seems fairly obviously they're trying it on. Just send a recorded letter (maybe even special delivery to make sure it has arrived) as per blue_monkey's advice and then leave it at that.

Also, what harm is there is going to the police with what the buyer has possibly threatened? If they say they can't do anything then you're in no worse position than you are now, but they may take it more seriously.

Good luck.

MyOnlyPost

In situations like this, always put yourself in the other persons shoes!

How important is the part your husband listed and would you be upset if it wasn't there when you bought it?

If you had travelled a fair distance at great expense how would you feel if the item wasn't as advertised?

What would you want as a remedy to the situation?

If you advertised the main item with the secondary item too you are obliged to sell it as listed. Caveat emptor doesn't cover this as an item listed within the advert isn't present. If you cannot supply it as advertised you are obliged, as you have, to offer a refund. If the buyer incurs substantial loss in returning the item to you he is entitled to seek compensation, that's not to say that he will be awarded it. A court would look at what a fair minded person would expect, so putting yourself in the other persons shoes, if buying and then returning this item has cost you hundreds of pounds in transportation costs due to the sellers mistake, would you expect compensation?

I'm sorry this isn't what you want to hear, and may not be a popular opinion on here but if he does take you to court you have know way of knowing how it will go. If you can supply the missing part for £50 I think it is better to be £50 down on the sale than having to refund and give compensation and being £100's down

shaun_from_Africa

Is there any way that you or your husband would be able to travel to the buyer and collect the item?

If you could, then send them another e-mail offering a full refund and advising them that you will pick up the item from them to save any further expense.
Keep a copy of this e-mail as in the unlikely possibility that the buyer did take you to court then you would be able to show that you had atempted to meet your obligations as stated by the SOGA.

kyleleonard

I wouldn't recommend going to some random weirdo's house, though.

As others have said above, probably someone looking for a quick buck from the compensation system from tiny, minuscule details in an ad.

Babiesmummy_2

If the missing accessory is so important to him why didn't he notice it wasn't there, when he came and looked and collected the item ?