Sold brand new laptop on ebay 4 months ago - seller now requesting refund

don9999

The purchaser has just contacted me informing me that they have contacted a UK solicitor and has been told they have a case against me.

Despite all the various issues they claim to have with the laptop, they now appear to be relying on the issue that I advertised the laptop as 'brand new'. I 'did' advertise it as such since I had just purchased it from PC World a few weeks ago, and although the box had been opened, the laptop had been unused. (I mentioned exactly this fact in the advert).

soolin

don9999 wrote: »

The purchaser has just contacted me informing me that they have contacted a UK solicitor and has been told they have a case against me.

Despite all the various issues they claim to have with the laptop, they now appear to be relying on the issue that I advertised the laptop as 'brand new'. I 'did' advertise it as such since I had just purchased it from PC World a few weeks ago, and although the box had been opened, the laptop had been unused. (I mentioned exactly this fact in the advert).

Brand new was probably the wrong thing to say in the advert- however the 'I have contacted a solicitor' is usually a Mornington Crescent momnet.

If they had then they would have been advised to leave it with that solicitor- the fact they felt the need to tell you suggests they are trying it on. Ignore them now, if you get anything that supposedly is 'legal' get advice on it, they may resort to a fake solicitor

campdave

You don't need to do anything until a solicitors letter arrives through your door. They seemed to manage to consult one very quickly given it was a bank holiday weekend.

the_lunatic_is_in_my_head

don9999 wrote: »

The purchaser has just contacted me informing me that they have contacted a UK solicitor and has been told they have a case against me.

Despite all the various issues they claim to have with the laptop, they now appear to be relying on the issue that I advertised the laptop as 'brand new'. I 'did' advertise it as such since I had just purchased it from PC World a few weeks ago, and although the box had been opened, the laptop had been unused. (I mentioned exactly this fact in the advert).

Probably all hot air but it would be worth printing out a copy of your listing to keep to one side just in case.

spacey2012

The laptop was second hand, not a good idea to describe it as brand new as you become a trade seller.
It was not brand new, it was second hand, how long you had it is irrelevant.

the_lunatic_is_in_my_head

spacey2012 wrote: »

The laptop was second hand, not a good idea to describe it as brand new as you become a trade seller.
It was not brand new, it was second hand, how long you had it is irrelevant.

It's not really, a box could sit in a warehouse or shop for months and could be opened by staff for various reasons, they'd still sell it as new.

If the laptop was unused then it's new, if the OP says in the listing the box was opened but laptop not used they have described it correctly.

Selling something as new doesn't make you a trade seller either, buying with the intention to resell does and unless OP has more new laptops sold recently they are no doubt a private seller.

Road_Hog

soolin wrote: »

If they had then they would have been advised to leave it with that solicitor- the fact they felt the need to tell you suggests they are trying it on. Ignore them now, if you get anything that supposedly is 'legal' get advice on it, they may resort to a fake solicitor

You don't need or want a solicitor for the small claims court. As I keep trying to tell people, the small claims court is for the lay man and is designed to keep the lawyers out of the loop and keep costs down.

It is like a couple of school kids going into the headmaster's office and being told off for being there and then asked why they are there.

spacey2012

E-Bay rules = POLICY
Sale of goods act = LAW

If you trade an item as "brand new" you are putting yourself at the other side of the sale of goods act which is primary legislation and over rides any policy as policies are just made up rules.
The OP may want to seek some legal advice if a genuine claim arrives, I would probably bet on a district judge holding the seller as a sole trader on the brand new description.

"As new" is far safer.

soolin

Road_Hog wrote: »

You don't need or want a solicitor for the small claims court. As I keep trying to tell people, the small claims court is for the lay man and is designed to keep the lawyers out of the loop and keep costs down.

It is like a couple of school kids going into the headmaster's office and being told off for being there and then asked why they are there.

Road-Hog I believe you are actually trying to wind people up rather than add to debates now and I tend to skim your posts only. your post ignores the fact that OP says he has been threatened with a solicitor- it is immaterial what the legalities are, we are addressing points raised by the OP not by the buyer.

By all means continue to be as litigious as you wish

the_lunatic_is_in_my_head

spacey2012 wrote: »

E-Bay rules = POLICY


If you trade an item as "brand new" you are putting yourself at the other side of the sale of goods act which is primary legislation

Could you quote the part of the act which states this?

All I can see is:

http://www.legislation.gov.uk/ukpga/1979/54

(1)Except as provided by this section and section 15 below and subject to any other enactment, there is no implied [F11term] about the quality or fitness for any particular purpose of goods supplied under a contract of sale.



The rest 14 and 15 appears to apply to those acting in the course of a business which the OP wasn't.

spacey2012 wrote: »

I would probably bet on a district judge holding the seller as a sole trader on the brand new description.

Any previous court cases to refer to where this happened?