Small claims court sold as seen

mr_boony

Hello

I have sold a fully functioning electronic device that the buyer saw working when they collected. It came with an additional device that I connected but couldn't fully test due to not having the right cables. Made the buyer aware of this.

They got home and messaged to say that it's not working, the additional device worked but not the main one. I said it's sold as seen as they saw it working before they bought it. The buyer is threatening small claims court over a few pounds and has become so abusive threatening to come round the house and exert karma that police have been involved.

All communications have been in writing.

If they saw it working, transported it and it's not working where would stand in small claims court IF it goes that far?

KeithP

Are you a private seller or a trader?

SouthUKMan

If you are a private buyer, items have to be as described at the time of purchase and the often repeated phrase 'buyer beware' applies. In other words, once the buyer parts with his or her money then there is no going back (so long as the items were honestly described in any advert / communication with seller). If the buyer saw the item working at the time of purchase but it subsequently failed - then you should be entirely in the clear morally and legally.

If you are a trader, then it is very different. I'm assuming you're not a trader!

hollydays

How much money are we talking about?
Why don't you explain what the items were?
If the police have been involved, how, and what advice have they given you?

mr_boony

Thanks for the replies, it's £30! The police were involved due to the threats which they weren't interested just told her to stop but she kept going. Seems to have backed off now.

It was a tv and freeview box. It was plugged in and had the blue no signal screen as I couldn't connect the aerial as I don't have one. They then got home and said they plugged it in and the picture is blurry and has yellow shadows around faces so it's "not useable" and want a refund. She is saying that's it isn't fully working as described in the ad so she has filled out a small claims court form.

I don't see why I should refund her she saw it turned on albeit with just the no signal screen and there were no blurs or shadows on the screen. If it had a blurry screen then that would have been blurry too I'm sure.

She sent a picture of some green coloured something which must have been a tiny corner of the screen as can't even tell it's the tv I sold her the image is just a very small section.

I'm a private seller.

Police not interested just said if you want her to go away refund her otherwise not their problem. So she's been slating my business despite this being a personal transaction all over fb, contacting people who are in my business page etc.

flashg67

Unlikely she'd go to the trouble of a small claims for £30, but the lost goodwill to your business is probably worth more to you. Ask her to return it & refund?

DoaM

Raise a claim against her for libel?

bris

But it wasn't working was it, there is no way to say it was working if all you had was a blue screen. The other device just showed up its fault. Morally I am with the buyers.


But legally if it was described working then you are in the wrong.

pinkshoes

mr_boony wrote: »

Thanks for the replies, it's £30! The police were involved due to the threats which they weren't interested just told her to stop but she kept going. Seems to have backed off now.

It was a tv and freeview box. It was plugged in and had the blue no signal screen as I couldn't connect the aerial as I don't have one. They then got home and said they plugged it in and the picture is blurry and has yellow shadows around faces so it's "not useable" and want a refund. She is saying that's it isn't fully working as described in the ad so she has filled out a small claims court form.

I don't see why I should refund her she saw it turned on albeit with just the no signal screen and there were no blurs or shadows on the screen. If it had a blurry screen then that would have been blurry too I'm sure.

She sent a picture of some green coloured something which must have been a tiny corner of the screen as can't even tell it's the tv I sold her the image is just a very small section.

I'm a private seller.

Police not interested just said if you want her to go away refund her otherwise not their problem. So she's been slating my business despite this being a personal transaction all over fb, contacting people who are in my business page etc.

As you didn't have an arial to prove it was working, and you stated it was working in the advert, then your buyer 100% has a case as it was not possible to see it working, therefore she bought on the basis that it worked.

Offer her a full refund on return of the tv.

It may just be £30 but she would win a small claims court claim.

ThumbRemote

What wording did you use in the advert? In your first post here you say it's "fully functional" - this appears to be incorrect.

glentoran99

mr_boony wrote: »

Thanks for the replies, it's £30! The police were involved due to the threats which they weren't interested just told her to stop but she kept going. Seems to have backed off now.

It was a tv and freeview box. It was plugged in and had the blue no signal screen as I couldn't connect the aerial as I don't have one. They then got home and said they plugged it in and the picture is blurry and has yellow shadows around faces so it's "not useable" and want a refund. She is saying that's it isn't fully working as described in the ad so she has filled out a small claims court form.

I don't see why I should refund her she saw it turned on albeit with just the no signal screen and there were no blurs or shadows on the screen. If it had a blurry screen then that would have been blurry too I'm sure.

She sent a picture of some green coloured something which must have been a tiny corner of the screen as can't even tell it's the tv I sold her the image is just a very small section.

I'm a private seller.

Police not interested just said if you want her to go away refund her otherwise not their problem. So she's been slating my business despite this being a personal transaction all over fb, contacting people who are in my business page etc.

it wouldn't!


however it does just seems to be an aerial proble, rather than an issue with what you sold, however you have no way of knowing this as you didn't test it but sold it as fully functional