Second hand buying rights

MrsLoftus

I sold a brand new coffee machine 4 weeks ago through Facebook Marketplace. The gentleman who bought it contact me a couple of days ago to say it’s stopped working and he now wants to return it for a full refund. 

He’s started firing all sorts of consumer right things at me but I have said I’m not a retailer and he confirmed it has been working for the rest of the times he’s had it. 

I can’t find the receipt sadly as I do want to help but I no longer have the £60 he paid me. 

Where do I stand with this? 

Thanks all 

eskbanker

You're not responsible for providing any sort of post-sale warranty, so, provided there was no misleading when you advertised the item, you have no obligations to the buyer.

Aylesbury_Duck

MrsLoftus said:

I sold a brand new coffee machine 4 weeks ago through Facebook Marketplace. The gentleman who bought it contact me a couple of days ago to say it’s stopped working and he now wants to return it for a full refund. 

He’s started firing all sorts of consumer right things at me but I have said I’m not a retailer and he confirmed it has been working for the rest of the times he’s had it. 

I can’t find the receipt sadly as I do want to help but I no longer have the £60 he paid me. 

Where do I stand with this? 

Thanks all 

As long as you sold it in good faith, with a factually accurate description (and given that it was brand new and unused, I assume you weren't aware of any problems with it) then he's out of luck.  That's one of the risks when buying from facebook from a private individual rather than a retailer.  How much is the RRP?

Even if you could find the receipt, he couldn't do anything with it because he's not the original purchaser. 

I'd reply with a polite but firm message along the lines of "As a private sale, consumer rights aren't applicable in this situation, so I'm unable to help."

MrsLoftus

Aylesbury_Duck said:

MrsLoftus said:

I sold a brand new coffee machine 4 weeks ago through Facebook Marketplace. The gentleman who bought it contact me a couple of days ago to say it’s stopped working and he now wants to return it for a full refund. 

He’s started firing all sorts of consumer right things at me but I have said I’m not a retailer and he confirmed it has been working for the rest of the times he’s had it. 

I can’t find the receipt sadly as I do want to help but I no longer have the £60 he paid me. 

Where do I stand with this? 

Thanks all 

As long as you sold it in good faith, with a factually accurate description (and given that it was brand new and unused, I assume you weren't aware of any problems with it) then he's out of luck.  That's one of the risks when buying from facebook from a private individual rather than a retailer.  How much is the RRP?

Even if you could find the receipt, he couldn't do anything with it because he's not the original purchaser. 

I'd reply with a polite but firm message along the lines of "As a private sale, consumer rights aren't applicable in this situation, so I'm unable to help."

Thank you for taking the time with your detailed response. 

It was sealed and and he saw that when he picked it up. The RRP is £140. 

I feel so bad as obviously I didn’t think it would break but equally he could’ve broken it himself? I would love to give the money back but I don’t have it anymore. 

MrsLoftus

eskbanker said:

You're not responsible for providing any sort of post-sale warranty, so, provided there was no misleading when you advertised the item, you have no obligations to the buyer.

Thank you so much for your reply. I listed it as brand new, which it was, and sealed. And they saw that when picking it up. I feel bad it’s broken as I don’t want anyone to be out of pocket but I never expected it to break. I did tell them that if they wanted warranty then you need to buy through a retailer. 

Thanks eskbanker 

Aylesbury_Duck

MrsLoftus said:

Aylesbury_Duck said:

MrsLoftus said:

I sold a brand new coffee machine 4 weeks ago through Facebook Marketplace. The gentleman who bought it contact me a couple of days ago to say it’s stopped working and he now wants to return it for a full refund. 

He’s started firing all sorts of consumer right things at me but I have said I’m not a retailer and he confirmed it has been working for the rest of the times he’s had it. 

I can’t find the receipt sadly as I do want to help but I no longer have the £60 he paid me. 

Where do I stand with this? 

Thanks all 

As long as you sold it in good faith, with a factually accurate description (and given that it was brand new and unused, I assume you weren't aware of any problems with it) then he's out of luck.  That's one of the risks when buying from facebook from a private individual rather than a retailer.  How much is the RRP?

Even if you could find the receipt, he couldn't do anything with it because he's not the original purchaser. 

I'd reply with a polite but firm message along the lines of "As a private sale, consumer rights aren't applicable in this situation, so I'm unable to help."

Thank you for taking the time with your detailed response. 

It was sealed and and he saw that when he picked it up. The RRP is £140. 

I feel so bad as obviously I didn’t think it would break but equally he could’ve broken it himself? I would love to give the money back but I don’t have it anymore. 

There you go.  He took a risk, spending £60 on something he'd have had to have paid £140 for in a proper store.  He shouldn't expect consumer rights protection along with a 57% discount on a brand new product.

If he's lucky, he may have a warranty route, although most warranties seem to apply only to the original purchaser. But let him work that one out, because if you continue to engage with him, he'll simply give you more hassle.

Grumpy_chap

MrsLoftus said:

Thank you so much for your reply. I listed it as brand new, which it was, and sealed. And they saw that when picking it up. I feel bad it’s broken as I don’t want anyone to be out of pocket but I never expected it to break. I did tell them that if they wanted warranty then you need to buy through a retailer. 

Thanks eskbanker 

It is possible, of course, that the machine you sold is working perfectly fine and the individual had a machine before that is faulty and they are trying it on thinking they can pull a fast-one and give you back the old machine...

You did not mention what type of coffee machine it is.  If it is a pod machine, it is possible that the individual has a faulty batch of pods and the machine is fine.  I say this because I have a pod machine and a faulty batch of pods at this present moment.

Anyway, as others have said, you sold this as a private individual so simply a firm response that the item was sold as seen and no warranty or consumer rights.  Then ignore.

MrsLoftus

Grumpy_chap said:

MrsLoftus said:

Thank you so much for your reply. I listed it as brand new, which it was, and sealed. And they saw that when picking it up. I feel bad it’s broken as I don’t want anyone to be out of pocket but I never expected it to break. I did tell them that if they wanted warranty then you need to buy through a retailer. 

Thanks eskbanker 

It is possible, of course, that the machine you sold is working perfectly fine and the individual had a machine before that is faulty and they are trying it on thinking they can pull a fast-one and give you back the old machine...

You did not mention what type of coffee machine it is.  If it is a pod machine, it is possible that the individual has a faulty batch of pods and the machine is fine.  I say this because I have a pod machine and a faulty batch of pods at this present moment.

Anyway, as others have said, you sold this as a private individual so simply a firm response that the item was sold as seen and no warranty or consumer rights.  Then ignore.

Thank you so much for taking the time to respond. I didn’t realise that could happen with the pods. 

And I didn’t even think about someone doing that and lying about another machine . I’ve had to block them on Facebook as the intimidating messages are making me so anxious. I’m 8 months pregnant too so making me feel really stressed that he’s just going to turn up at my door and give me grief. 

pinkshoes

As above you are under no obligation to help.

 That's the risk of buying second hand, it has worked for 4 weeks, and is likely he has used faulty pods or broken it himself.

I'd politely reply saying that it was a private sale, you're not a business so consumer rights do not apply and as it has been working fine for the past few weeks then suggest he contacts the manufacturer for further assistance.

Aylesbury_Duck

MrsLoftus said:

Grumpy_chap said:

MrsLoftus said:

Thank you so much for your reply. I listed it as brand new, which it was, and sealed. And they saw that when picking it up. I feel bad it’s broken as I don’t want anyone to be out of pocket but I never expected it to break. I did tell them that if they wanted warranty then you need to buy through a retailer. 

Thanks eskbanker 

It is possible, of course, that the machine you sold is working perfectly fine and the individual had a machine before that is faulty and they are trying it on thinking they can pull a fast-one and give you back the old machine...

You did not mention what type of coffee machine it is.  If it is a pod machine, it is possible that the individual has a faulty batch of pods and the machine is fine.  I say this because I have a pod machine and a faulty batch of pods at this present moment.

Anyway, as others have said, you sold this as a private individual so simply a firm response that the item was sold as seen and no warranty or consumer rights.  Then ignore.

Thank you so much for taking the time to respond. I didn’t realise that could happen with the pods. 

And I didn’t even think about someone doing that and lying about another machine . I’ve had to block them on Facebook as the intimidating messages are making me so anxious. I’m 8 months pregnant too so making me feel really stressed that he’s just going to turn up at my door and give me grief. 

Keep a copy of those messages and don't be drawn into further engagement.  If he does contact you some other way, or turns up, tell him you will report him to the police if he doesn't leave you alone.  

zoob

pinkshoes said:

 That's the risk of buying second hand, it has worked for 4 weeks, and is likely he has used faulty pods or broken it himself.

I'd politely reply saying that it was a private sale, you're not a business so consumer rights do not apply and as it has been working fine for the past few weeks then suggest he contacts the manufacturer for further assistance.

Being advertised as brand new and unused doesnt imply in any way that the person buying is getting a second hand product, so its possible its misdescribed at time of sale