Sold item buyer said it was broken returned and it works??

simonjack

Just wondered if anyone could help me with a problem with someone who has bought a minidisc player from me?

I originally sold the item via Ebay to a buyer and on receipt of it they said the item was broken. I asked them to return the item for a refund which i did.
There was actually a dent on the unit which wasn't there when i posted it to them of which i never brought up as i didn't want bad feedback from them by mentioning this.

After i refunded the buyer a full refund they then emailed me and asked if i could get it fixed they would buy it again at the same price.
After a lot of searching i tracked down the spare part in the u.s.a and had it delivered to me plus another of the spare parts as the buyer asked if i could get another he would like that too incase it breaks again in the future.

I had this fixed and then posted back to the buyer. This time the sale wasn't on Ebay he just payed direct to my paypal as a personal payment.

Upon receipt he said the fault was there again. I said if he posts it back i will refund again as long as that was the only fault and it was returned in the same physical condition that i sent it out to him in.

I received the minidisc player back yesterday and today i tried the unit and the fault he said it had isn't there at all. It works perfectly as it did when i sent it to him

I have emailed the guy telling him this and his reply was "well it didn't work when it got to me so please issue a refund"

He was threatening me with quotes from the Distant Selling regulations and saying i have to refund him.
Is this the case?

Its cost me a small fortune in postage back and forth up to now

Can i insist he takes the minidisc player back as it does work perfectly?

Any help would be great

tasticz

AFAIK its a private sale and the buyer has no comebacks.

someone will be along shortly.

simonjack

Thanks for the reply.

The minidisc player is now back with me so what do i do now?

tasticz

simonjack wrote: »

Thanks for the reply.

The minidisc player is now back with me so what do i do now?

Well if it was me (I don't think this is allowed though). I'd record a video of the product working (for your proof), tell the buyer that I have checked the product and its working fine therefore it is upto them to arrange a company to pick it up or for them to send you money ( not via paypal!) so you can post to them or if they insist on refund tell them you have calculated your costs as the item works fine (costs to buy the new items from usa, delivery charges for you to send to them & admin charge) and the refund comes to £xx left and if it comes to £-xx tell them they need to send you more money to cancel the transaction (cover your losses).

If they charge back on paypal, just give them the reference number of the first time or second time which shows item was delivered and it was signed for.

In short tell them to send a courier company themselves to pick it up at your convenient time.

if you are refunding as above refund using the transaction he sent you money on.

gayleanne

as it has all been done outside ebay the buyer hasn't got any rights.

arcon5

Distance selling regulations apply to business to consumer contracts, not private sales.

Your only obligations as a private seller are to ensure the item is not misrepresented. The item works, evidence this by recording it, send it back to buyer and ignore him going forward.

(Okay, you could tell him to arrange collection himself, but personally i'd just send it back rather than argue over a fiver)

simonjack

How would i get on if i post it back and then he breaks it on purpose?

Postage cost me £11 from what i remember can i just insist he arranges collection himself?

tasticz

simonjack wrote: »

How would i get on if i post it back and then he breaks it on purpose?

Postage cost me £11 from what i remember can i just insist he arranges collection himself?

Thats why we have told you to take a video recording of the item working along side a date or newspaper which clearly shows the days date well as long as they pay for the item i'd post it else after 2 weeks send them a letter saying you will be charging storage fee...

arcon5

simonjack wrote: »

How would i get on if i post it back and then he breaks it on purpose?

Postage cost me £11 from what i remember can i just insist he arranges collection himself?

Reject the delivery. And then tell him to shove it.
If you do accept delivery then tell him its available for collection at his expense. You could do that that time. But if so, don't enter in to a massive dialogue, simply 'I've tested the item, its fine, please arrange collection' and attach the video

battleborn

Why on earth did you bother buying spare parts from the USA!!

Then you sold it back to the same clown.

You should have just sold it again on ebay with a dent.

More fool you I say.

simonjack

battleborn wrote: »

Why on earth did you bother buying spare parts from the USA!!

Then you sold it back to the same clown.

You should have just sold it again on ebay with a dent.

More fool you I say.

Okay maybe i shouldn't have sold it back to the same guy but i didn't have any reason for him to be like this he was the one which said get it fixed and i will buy it again. I got it fixed so is fully working so should be no comeback to me whatsoever