urgently i need.to know my rights as a private seller

annamahmood

I recently sold a old working computer via a work noticeboard.
the buyer came to my house.i had the.computr packd.up and ready to.be take.. The.buyer did not ask.to see the computer turned on. And i had assured her it works 100%.
She paid.in.cash and left.
Next day complains that the monitor isnt working. I assured her it was working fine when i sold it her.
I refuse to give a refund as i know i gave her a working computer with many accessories.
Now shes threatenin to report me to my work hr n it departmnt!
And wants to take legal action against me.
Argh iv been buying and selling for years and never had any problems.
Rang citizens advice buraue but they didnt know whaty rights are.
Im lost as i strongly feel im being victimised.
Help

Browntoa

Get her to return the monitor and if it's not working then partially refund what was paid would be what I would do

Sold as you admit as 100% working , it's not if it's your monitor

spacey2012

Advise her to research caveat Emptor and the couple of hundred case law cases based upon.
Citizens advice are useless (IMO) and really only exist as a debt collecting assistance function.

If they could not even advise on something so simple, probably reinforces my opinion of them.

unholyangel

annamahmood wrote: »

I recently sold a old working computer via a work noticeboard.
the buyer came to my house.i had the.computr packd.up and ready to.be take.. The.buyer did not ask.to see the computer turned on. And i had assured her it works 100%.
She paid.in.cash and left.
Next day complains that the monitor isnt working. I assured her it was working fine when i sold it her.
I refuse to give a refund as i know i gave her a working computer with many accessories.
Now shes threatenin to report me to my work hr n it departmnt!
And wants to take legal action against me.
Argh iv been buying and selling for years and never had any problems.
Rang citizens advice buraue but they didnt know whaty rights are.
Im lost as i strongly feel im being victimised.
Help

Might be worthwhile watching what you're doing - especially if you do it regularly and make a profit from doing so as they may class you as acting in the course of a business.

annamahmood

I know.i.gave her a fully working computer.which.she said she was buying for her two.young kids.
If you.buy.privately you go straight home and check the item. I.belive her.kids may.have damaged it.
I refuse to take back an item which.i sold working. Had verbally.told her sold as seen.
Thanks for assurance. Because citizena advice had no clue about my rights as a private seller and refrrd me onto consumerdirect.which.was too expensive to ring from my mobile.and their.website wasnt fully clear either.
Seems unfair that a buyer can tamper with an item n then.blame the seller.

annamahmood

Sorry forgot to mention the fault was reportwd after a day of keeping the item

AnnieO1234

How much time passed between her picking it up and then saying there was a fault on the monitor?

The best advice is what you've been given to ask to see the monitor whereupon you will be able to see if there is a problem. It could be that the monitor cable has broken during storage perhaps? Particularly as you say you boxed it up.

As far as HR is concerned there is very little they can do here. They might revoke your ability to post notices on the notice board but really that's it. I'd be careful however if this person could in any way potentially affect you in the future in respect of your employment.

How much did she actually pay for all these items? Just offer her a token amount back, say 15 pounds or so, to appease her and get her off your back. It's not going to be worth more than that as a second hand monitor bought as part of a bundle.

Xx

Hintza

annamahmood wrote: »

Argh iv been buying and selling for years and never had any problems.

Sounds like you're a business seller.

I really don't know why you didn't have it all set up for inspection before sale though.

I think this is too close to home to ignore.

If nothing else HR will probably ban you and possibly others from selling via the noticeboard.

tinkerbell28

unholyangel wrote: »

Might be worthwhile watching what you're doing - especially if you do it regularly and make a profit from doing so as they may class you as acting in the course of a business.

This is really important. As if you are in effect running a business. She can claim against you as a consumer and it's going to make a whole mess for you with the taxman.

WTFH

annamahmood wrote: »

I refuse to give a refund ...
Im lost as i strongly feel im being victimised.
Help

Can you take a look at it from the buyers point of view?
They bought a computer they were told was working and got it home, but it wasn't working. You've turned round and said "tough, not my problem" and you think you're the one being victimised?
Now you're saying that her kids have broken it?

Well, the first thing to do is to ask her to give you back the monitor, then you can check it out. If it is faulty, then you need to decide whether you fix it or offer a refund on it, unless you can prove that it was working prior to sale and that she (or her family) broke it.

bris

You say you have been buying and selling for years so you are not a private seller, whether you like it or not you are a business seller.

As a business seller she has rights against you, because she reported the problem so quickly its up to you now to prove the item was damaged by the buyer.