Advice please for The Flicka Foundation...?

CHICO_2

Hello All - I am trying to get some good advice for our charity if anyone can help. (Charity The Flicka Foundation - www.flicka.org.uk reg 1119492)

Some months ago we bought a 'utility' vehicle for our centre from 'ebay'. Upon delivery we were very pleased...however after using it a couple of times very quickly found it was not suitable for our needs - we sold it once again via ebay as a buy it now. We advertised that viewing was recommended and described it as it was to us, but much more comprehensively. We sold for the price we paid and even paid delivery to the buyer. Upon receipt the gentleman sent me a list of faults, mostly to do with the engine which we knew nothing about. We were also told it was a Kubota engine, but in fact it was a 'Pettifer' (we had advertised as a Kubota) - we offered to refund the money and take the machine back, but the buyer wanted to see how much it would cost to put the 'faults' right.

We spoke to him several weeks later (our phone call) and he said he would like a £500 refund, we said that if he had the work carried out that was 'apparently' needed and then forward the invoice to us for further discussion, but agreed on principal that we would refund £500. That was 2 months ago and I have heard nothing, we are in a quandry as we do not have the funds to reserve such an amount indefinitely - how long should we wait until it is 'nul and void'? Should we even be considering a refund when it was advertised sold as seen with viewing recommended? Has anyone any thoughts on this. It is worrying us as we are having a very tough time financially with funding at an all time low.

We appreciate your time and any advice would be gratefully received.

Kind regards all

Savvy_Sue

Welcome to the boards!

MOVING THREADS FOR BETTER RESPONSES

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere (please see this rule) so this post/thread has been moved to the Small Biz & Charity Organisers board, where it should get more replies. If you have any questions about this policy please email [EMAIL="abuse@moneysavingexpert.com"]abuse@moneysavingexpert.com[/EMAIL].

FWIW, I think the charity has been more than helpful and should probably write a letter stating that since the buyer did not view the vehicle in advance and has not provided the invoice in a timely fashion you must consider the matter closed. However others on the Small Biz Board may be more knowledgeable on the legal issues - on one level your charity status is irrelevant, although your Trustees must always act in the best interests of the charity.

It might help to know what price you sold it for and exactly how long ago? Also has anything ever been put in writing - his complaints, your response / offer?

CHICO_2

Hi Savvy Sue - Many thanks for your response....

The Utility Vehicle was sold for £3500 (same as purchase - these vehicles new are £9500) and delivered at our cost on 21.3.08.......we heard nothing until I emailed the following day to see if it had arrived ok. We received a response (email) on the 24th stating the faults, we responded immediately (email) expressing our shock and disappointment and that we would take it back and do a full refund, the buyer responded (email) suggesting a 'compromise' which worried us, we rang and this is when he plucked a figure of £500, we reluctantly & tentatively agreed, and suggested we would need an invoice for the work carried out for the charity and speak with the other committee members. We are concerned as the genteman is a business man, he can create any invoice and be in no hurry to do it - we need to move on from this as we are in limbo and cannot look for a replacement vehicle until we know where we stand with this situation. We did issue the buyer with an invoice and even released the vehicle to him 9 days before his payment cleared.
I hope this adds more clarifiation to our pedicament. Again thank you Savvy Sue for your help.

Kind regards

NB - Prior to the sale he rang us and we strongly recommended viewing as we were unfamiliar with this type of vehicle and were not mechanics - he was happy to ask questions about it - we could only tell him how it drove and performed...and we had only owned it for a fortnight and were completely candid with him as to why it was unsuitable.