Advice wanted: Threatened with Small Claims even though I agreed his terms on time

db21111

To cut a long story short, sold a camera privately. It was shipped mint, the buyer alleges it arrived damaged. So we agreed to seek compensation from Royal Mail.

The buyer continued to chase me even days after the compensation request had been sent. Even after the first response, which came well within the 30 days they ask you to give them to respond.

The pertinent point I have now is he said to me:

:
The cost for repair is 155+vat + postage both ways which will equal to £200.The seller should be the one paying, but I don't think that is going to happen.I am happy to settle it now if the seller can pay me £100 and I will finish with this....

I am happy to fix it with fixation and bear the remaining £100 cost.If you are ok with that pl post it in the thread and I will give my banking details.

(While having received copies of the response from RM and my messages saying I was waiting for RM) he followed this a couple days after on the 14th with:

:
Hi

I heard nothing from you for the last week.Are you going to pay me for the cost of repair or not.If not pl let me know.I will go ahead with the repair.Let me know either way by end of the week.

thanks

Today I decided to cut the whole thing short and said I will pay the £100 towards the repair bill.

I personally do not know for sure if it was RM or the man himself that damaged it. I sure wouldn't risk this hassle by sending a broken item. I am way more public than he is and my reputation is much more open. I wouldn't risk that.

He refused to accept it and said he has filed with Small claims and now he will only cancel that if I pay 175... the 100 plus his £25 fee (so he is claiming the repair bill total which is around 200) plus extra for the repair bill.

My argument is I agreed his terms in the time he asked for. When I respond as a defendant to the claim, I plan to state this. I'm not going into accusing him of trying to con me but the following was also placed online for all to see, and I consider it defamation. But that's another topic:

He gave me this feedback on a public forum: "Liar,fraud and conman.Sent completely different camera and broken as well."

Hintza

Hope you have the serial number of the camera you sent.

wealdroam

I would not get involved with 'partial refunds' or 'repair costs'.

Insist that he returns the camera to you, and when you have confirmed the camera is the same camera that you sent, give him a full refund.

Send him that offer in writing.

If it ever went to court you would be seen to be acting fairly.

halibut2209

I'd tell him to **** off.

TonyMMM

Your action at the beginning should have been to tell him to return the item to you and on receipt issue a full refund (as stated - you no doubt kept serial numbers etc. )

You would then seek whatever costs you could from RM, subject to the cover provided by your chosen sending method.

nomoneytoday

Did you offer the buyer a warranty?

db21111

nomoneytoday wrote: »

Did you offer the buyer a warranty?

No, private sale.

db21111

To clarify he is contesting the repair bill, the fee he says he has paid to claim is £25 which is for claims of £300 or less.

db21111

wealdroam wrote: »

I would not get involved with 'partial refunds' or 'repair costs'.

Insist that he returns the camera to you, and when you have confirmed the camera is the same camera that you sent, give him a full refund.

Send him that offer in writing.

If it ever went to court you would be seen to be acting fairly.

Well I hear that

But he agreed repairs and proposed an offer which I accepted in his timescale.

At the start of the complaint I was suspicious because as I said I'd like to seek compensation through Royal Mail he got very defensive and said "it wasn't them, it's impossible as there are no bits in the box" The damage is a simple button to the top of the camera. I would never sell something even with minor damage. Well I didn't even want to sell anyway but it was surplus to my needs.

db21111

Hintza wrote: »

Hope you have the serial number of the camera you sent.

I even have images taken with that camera the day before it was shipped. They show it was working perfectly and also they contain data about the camera etc. Of course that doesn't include physical damage to the buttons.

wealdroam

db21111 wrote: »

Well I hear that

But he agreed repairs and proposed an offer which I accepted in his timescale.

At the start of the complaint I was suspicious because as I said I'd like to seek compensation through Royal Mail he got very defensive and said "it wasn't them, it's impossible as there are no bits in the box" The damage is a simple button to the top of the camera. I would never sell something even with minor damage. Well I didn't even want to sell anyway but it was surplus to my needs.

Yes but have you any confirmation that the camera is damaged?

This guy just wants your camera and a significant discount, which for convenience he will call a 'repair bill'.