Someone wants their money back...advice please!

aquiel

Hi, Not sure if this is the correct area but...

I sold a guy a usb controller keyboard for use with computer created music etc on Wed 28th August.

After various messages he has been sending since, the guy still has not been able to figure out how to get it working, the keyboard is in full working order and was tested before he collected it in person.

I have given him links to official web pages for the instrument, advice on drivers to download, including links to the official manual and the most recent available drivers etc.

I even said after he asked, that he could come round on Sunday the 30th with his laptop so that my brother (who's keyboard it was) could have a look at setting it up for him, he then said he was unavailable until Friday 6th Sept (Today) !!

I advised him that my brother was going to Australia (true) on Tuesday and I may be able to have a look on Friday.

Anyway, I had no response on the Sunday or at all right until today when he says he still can't get it working and can he come round with his laptop so I can have a look at helping him get it working.

Now, I haven't offered Tech support when I sold this WORKING keyboard and the fact he didn't even reply all week, which now I have other plans today, It seems like my patience has been tested long enough as the money I sold it for, £80, I have been unable to touch because of this. He now say's If I can't help him get it working then he will want his money back.

Any advice?

Thanks!

G

halibut2209

How did you sell it? (ebay? advert?)
What was the method of payment? (cash? card? paypal? bank transfer?)
Are you a business?

aquiel

Private sale, through my local musician site,

paid cash on collection.

not a business, personal.

bebewoo

You have been too helpful.
You need to tell him to do one now or you will be providing free tech support forever.
He paid cash! How can he get his money back unless you give it to him?

jwruk

Either sold as seen or offer to buy it back for £50.

aquiel

Thanks, I can't give a cash refund anyway as I sold it for my brother who has emigrated to Aussie!!!

pimento

Is it possible it doesn't work? Or doesn't work with his laptop?

bod1467

Doesn't matter. This is a private sale so Caveat Emptor.

SidP

bod1467 wrote: »

Doesn't matter. This is a private sale so Caveat Emptor.

Not true:

if you’re buying from an individual – which constitutes a private sale – the rules are slightly different. For example, the so-called ‘implied terms’ of the Sales of Goods Act only apply to title and description, not to quality. This means the goods must simply correspond with the description, and be legally owned by the seller.

“That means a dress can’t be a size 12 if it was described as a size 18,” says Stephen McGlade, a solicitor at consumer group Which?.

However, if an item is advertised as “a three-year-old bike”, for example, it doesn’t mean it has to work, just that it has to be three years old. In this case, especially when the item has been well-used, the transaction remains a case of caveat emptor, or ‘buyer beware’. “This, put simply, is why you pay a lower price for second-hand goods,” says McGlade.

(from http://www.moneywise.co.uk/cut-your-costs/shop-smart/your-rights-when-buying-second-hand-goods )

Though I can't find a citable source right now, this means that if you advertise an item as, "in full working order", it must be so.

Aquiel: it depends how you advertised it. Re-read the advert and go from there.

wealdroam

SidP wrote: »

Though I can't find a citable source right now, this means that if you advertise an item as, "in full working order", it must be so.

I think you are looking for Section 35 of The Sale of Goods Act, which in effect says that the buyer has a short time to confirm that the goods conform to contract.

As has been said, this means that if the goods are sold as working and they do not, then the buyer is entitled to a full refund upon returning the goods or making the goods available for collection.