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Private Sale Issue

Hi
I won a tablet in a competition several months ago and sold it in September privately (new and sealed) via my local FB selling page.

The man has just come back to me to say it's stopped working. I said as it was a competition win I would email the company who sent it to me to see if they would help and said I would try my best but couldn't guarantee anything.

The man also said that his daughter had the same tablet some time ago and the same happened to hers (then why did he buy mine!!!) and that the fault was a known issue with this type of tablet (again why did he buy it!!).

The contact at the company is on holiday over the Christmas period (auto reply email) - if they can't/won't do anything, do I have to refund (morally/legally).

Thanks
Ms Choc x
Thrifty Till 50 Then Spend Till the End
You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time

Comments

  • Poppie68
    Poppie68 Posts: 4,881 Forumite
    Tenth Anniversary Combo Breaker
    No you don't legally or morally... it's a private sale.

    If he persists in his efforts to hold you responsible, block him.
  • How did the buyer pay for the item? If it was via paypal then they can open a dispute and you would have to accept the return most likely.

    If it was cash in hand them technically you don't have to do anything. But if it was me I would try to help out as much as I could but you don't have to refund any money of accept the item back.
    :heart2:Mummy to a beautiful little girl:heart2:

    £2014 in 2014 challenge. £71/£2014
  • campdave
    campdave Posts: 2,198 Forumite
    If it was on a private selling account, then the buyer is not entitled to a refund.

    If the buyer expects a warranty, they should pay the premium to buy from a business seller offering one.
  • Thank you. Yes, he paid cash in hand. I am trying to help out as much as I can by contacting the company. I did offer him the receipt at the time of sale but he said he didn't need it and now I can't find it anywhere.
    Thrifty Till 50 Then Spend Till the End
    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
  • Tell him it is his tablet, he owns it and any repair required to his tablet is not your problem.
    Caveat Emptor
    I do Contracts, all day every day.
  • If it was cash in hand then you don't need to do anything. You can just ignore him as others have suggested.

    However I morally would try to help them. Can you (or the buyer) contact the manufacturer of the tablet? I have an iPad and it comes with a 1 year guarantee and take it to the apple shop regardless of where you purchased it.

    Help them out but I wouldn't bend over backwards for them. Tell them they can contact the tablet manufacturer. If they keep messaging you just ignore them.
    :heart2:Mummy to a beautiful little girl:heart2:

    £2014 in 2014 challenge. £71/£2014
  • If you wanted to help to the extent possible without leaving yourself out of pocket, find out if there was an actual recall type problem with the product as the buyer describes and ask the supplier if there is a postage label or address for the repair?
    Warning: any unnecessary disclaimers appearing under my posts do not bear any connection with reality, either intended, accidental or otherwise. Your statutory rights are not affected.
  • pinkshoes
    pinkshoes Posts: 20,250 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Can the buyer not contact the manufacturer and say it was a christmas gift? If it is a known problem, them surely they will then fix it?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
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