Private Sale Refund

hmiah007

HI

Sorry to ramble on just after some advice on what to do and where I stand.

Basically I was given two sets of bags for my birthday which I already owned, this I advertised them on Facebook messenger for sale as they weren’t required.

They where sold as ‘brand new 6piece Set never used’ and a description of the items that’s came with it.

The buyer messaged me asking for it to be held for about a week till they get paid which I did and was sold to them.

The bags where doubled checked and zippers checked before being taken to them which they inspected and was happy to purchase them.

The next day they messaged me stating that upon them trying to use the 2 pieces of the set the zippers failed and they want a refund for one set which is £150.

Now issue is before I sold the items I doubled checked and they was fine and had no faults with them, the buyer had ample time to check over and decided not to check them properly as they was happy and purchased them.

Issue is now they are messaging me stating to do the right throng and give them a full refund or a partial refund otherwise will take things further.

Question is, where do I stand in this since I sold something that was not faulty which I believe she may have been heavy handed and damged the zipper her self and insisting a refund or 75% of it.

I’ve offered to replace a smaller bag that I have of the same and a £10 good will gesture to get the zips fixed but they are now threatening me with legal action if I don’t give them what they want.

Sorry about the long post just getting stressed out over this issue.

Any help & advice will be highly appreciated.

Hanna

Greta_Sharbo

In a private sale the purchaser has fewer rights than when buying from a trader.

1) the seller must have good title (ie they are yours to sell)
2) the goods must be as described

The onus is on the purchaser to prove the breach.

That's it. If they can't you don't owe them anything. Offering a good will gesture will be one thing but they might keep asking for more if they think you might be a soft touch, or not know your rights.

dj1471

Ignore them. They have no rights here - the items were as described at the time of sale, end of story.

Only if the items were misdescribed would they potentially have a case.

Seems unlikely that the zips would fail on both items within a day, no? They're probably trying to scam you in some way.

hmiah007

Thanks for replying x

I advertised the items as a list of what the 6pieces was such as;

Brand new 6piece Set never used
Bag
Bag
Bag
Bag

And they received such items which they did inspect but didn’t bother inspecting properly as they were happy with it so payed for the stuff.

Been getting conflicting information stating since it was faulty they are in titled to a full refund and the advice you gave.

Wikk just stick with what I originally offered and give them a good will gesture of £10 and send a replacement item if they want it otherwise will be informing them not to contact me at all.

stuartJo1989

hmiah007 wrote: »

Been getting conflicting information stating since it was faulty they are in titled to a full refund and the advice you gave.

Well, it depends on what you are.

Sole trader, LTD company etc? If so then you legally have to prove that the item isn't faulty (at manufacturer level) and that the item was as described (brand new).

If it is a private sale then I believe that you don't have to prove anything (see other posters' replies), the onus is on them. May be worth going to the likes of CAB if you'd like a more "official" viewpoint.

Wikk just stick with what I originally offered and give them a good will gesture of £10 and send a replacement item if they want it otherwise will be informing them not to contact me at all.

Yea, that's understandable BUT I think you need to be a bit firm with them.

Something along the lines of:

Hi X,

I received two of these bags brand new for a special occasion. I have decided to sell one immediately as a one-off sale as I did not need 2. I have checked the item fully before posting and there were absolutely no defects, damage or inconsistencies with the item.

I am offering you a £10 goodwill gesture (and another bag? meh) without prejudice to help with repair costs for the damage which is now present. Please indicate whether you would like to accept and I will arrange payment.

I will not be entering into any further conversation regarding this bag as I am not liable for the damage which is now present.


And then just leave it.

hmiah007

I’m a private individual not a company at all just selling on an unwanted gift.

Just re-read their messages they sent and have stated that on ‘the first day of usage’ the zipper failed, so I’m now sure that they have them selves damaged the zipper during usage and trying to get a refund otherwise if the zipper was faulty when they inspected it would of fit in touxhbstraught away.

Sadly as the sale was made through a friends Facebook market place they have been hounded by the buyer as well.

Will be speaking to my local cab tomorrow for clarification and then not even offer anything if they keep their threats up.

Once again thank you and everyone else who have given advice xx

KeithP

As has already been said, you need to do nothing.

The goods were delivered to the purchaser.
He/she had the opportunity to inspect the goods at the time of delivery.
The buyer was satisfied that the goods matched the description and indicated this by paying for the goods.
For a private seller, that is the end of the matter.

Anything that happened after the sale is the sole responsibility of the new owner.

Be wary of giving a goodwill gesture.
I would suggest this is just some attempt to get a 'discount'.

Have you even seen the damage yet?

If you feel obliged to do something, it might be an idea to ask for all the goods to be returned and a full refund given.

stuartJo1989

hmiah007 wrote: »

Will be speaking to my local cab tomorrow for clarification and then not even offer anything if they keep their threats up.

Tbh I think that now you've offered it, you should leave the £10 offer on the table (maybe go back on the extra bag deal). Just make sure it is "without prejudice" which effectively means that you do not admit liability. And make sure that you nicely state that this is your final position.

As long as £10 is not a huge chunk of the price you sold it for, of course...

hmiah007

Haven’t seen the damage that they claim as they said they would send a picture which they haven’t done.

Also sending me a massage stating that the Zilu ‘failed’ upon usage suggest they was using it thus it’s been used not new anymore.

Don’t think I will be given a full refund upon return of goods due to the fact that the items was new and not damaged before being sold and she had ample time to check before handing over the monies.

Also I do not believe they would leave the items aside and only check before being used the next day. Surely she checked the goods upon taking them indoors with everything being sound till they damaged the zippers the next day whilst using it in their own words:

‘on the first day of use the zippers broke’
‘I did not use the bags until the next day that’s why the zippers broke’

So I can assume whilst using they damaged it and now trying to get a refund/partial refund for goods the damaged.

hmiah007

I’ll would still offer them what I said regarding the goodwill gesture as I’ve already said it but would leave it upto them wether they want it or not since I’ve gone over their messages it shows they used the goods before the zips failed.

hmiah007

Afternoon

Just been to the local cab office and now confused as hell.

According the the advisor I spoke to whom spoke to his manager, they are stating the buyer has the right to ask for a full refund as it’s a faulty product.

Not sure what to do as in one sense just want to refund now to get it over with l, on the other hand stand my ground since the zip on the bag broke whilst being used.