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  • FIRST POST
    • Ms Chocaholic
    • By Ms Chocaholic 5th Jul 18, 11:50 AM
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    Ms Chocaholic
    Sold New Item for Cash (Damaged)
    • #1
    • 5th Jul 18, 11:50 AM
    Sold New Item for Cash (Damaged) 5th Jul 18 at 11:50 AM
    Hi

    I sold a large self-assembly item for cash on collection, the item was packaged up so the damage wasn't obvious but the damage was fairly minimal. The buyer collected the item and messaged me to say that the item was damaged within 12 hours and I agreed to ask the company I purchased it off for a replacement; which has now arrived.

    I messaged the buyer asking him to return the damaged item and collect the new one, he wasn't happy. He said as he had assembled the item he wasn't prepared to return it, I said he couldn't collect the new one till the old one was returned.

    He has been very difficult. I have now said I will collect the old one from him but after agreeing a time and day for me to collect he has now said he isn't available and asking me when I can collect.

    I think he's just being difficult so I've asked him for his availability again as I think if I say i'm available on X day at X time he will just say he isn't.

    As I've offered to collect, how long do I give him to allow me to collect the item.

    Am I being reasonable.

    Thanks
    Last edited by Ms Chocaholic; 05-07-2018 at 12:48 PM.
    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
Page 1
    • theonlywayisup
    • By theonlywayisup 5th Jul 18, 6:11 PM
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    theonlywayisup
    • #2
    • 5th Jul 18, 6:11 PM
    • #2
    • 5th Jul 18, 6:11 PM
    I'm not clear on your post.

    Are you saying you sold an item that was damaged but covered it up so it wasn't obvious and now the buyer is complaining?

    If you have a new undamaged replacement and are able to give it to him, why do you want the damaged one back?
    • twhitehousescat
    • By twhitehousescat 5th Jul 18, 7:44 PM
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    twhitehousescat
    • #3
    • 5th Jul 18, 7:44 PM
    • #3
    • 5th Jul 18, 7:44 PM
    chances are there was no damage and he/she was trying to get a partial refund from you , now you have "called them out" they are reluctant to proceed
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • Ms Chocaholic
    • By Ms Chocaholic 5th Jul 18, 8:00 PM
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    Ms Chocaholic
    • #4
    • 5th Jul 18, 8:00 PM
    • #4
    • 5th Jul 18, 8:00 PM
    Thank you, you are probably right as one of the messages from the buyer (when I said I couldn't let them have the new one until I had the old one as I didn't know what condition it was in) said:

    "It's as collected. I don't wish to keep something defective that I have overpaid for, if it were satisfactory I would never have raised the issue".

    Given that the item sells for around 150 online and he got it for 50 I'm not sure I can see his argument.
    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
    • charlies_mum
    • By charlies_mum 6th Jul 18, 7:22 AM
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    charlies_mum
    • #5
    • 6th Jul 18, 7:22 AM
    • #5
    • 6th Jul 18, 7:22 AM
    From your original post, it sounds as if you knew the item was damaged before you sold it

    The price is irrelevant, if the item was damaged that should have been mentioned in the description.

    If this is the case, the buyer has every reason to be unhappy.
    You're only young once, but you can be immature forever
    • lindens
    • By lindens 6th Jul 18, 8:00 AM
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    lindens
    • #6
    • 6th Jul 18, 8:00 AM
    • #6
    • 6th Jul 18, 8:00 AM
    On the other hand, if a conversation had already taken place that you were going to get a replacement - why did he bother putting it together then? He is fishing for a partial refund.
    You're not your * could have not of * Debt not dept *
    • Money maker
    • By Money maker 6th Jul 18, 8:02 AM
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    Money maker
    • #7
    • 6th Jul 18, 8:02 AM
    • #7
    • 6th Jul 18, 8:02 AM
    But if the buyer paid cash, he should be a little more accommodating as the OP could just say no.
    Please do not quote spam as this enables it to 'live on' once the spam post is removed.

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    • charlies_mum
    • By charlies_mum 6th Jul 18, 8:20 AM
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    charlies_mum
    • #8
    • 6th Jul 18, 8:20 AM
    • #8
    • 6th Jul 18, 8:20 AM
    But if the buyer paid cash, he should be a little more accommodating as the OP could just say no.
    Originally posted by Money maker
    I don't see why the buyer should be accommodating

    The OP has stated that the item was packaged up and the damage wasn't obvious so the buyer had no way of knowing about the damage until he started to assemble. It sounds as though the OP deliberately failed to advise of the damage.

    It's the seller who should be bending over backwards to get this resolved or there will be a SNAD case opened followed by negative feedback.
    You're only young once, but you can be immature forever
    • Ms Chocaholic
    • By Ms Chocaholic 6th Jul 18, 8:38 AM
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    Ms Chocaholic
    • #9
    • 6th Jul 18, 8:38 AM
    • #9
    • 6th Jul 18, 8:38 AM
    Just to clear things up, the item was large (easily 5ft long) - it was brand new and hadn't been opened at all but I split the packaging so the colour of the item could be viewed by any potential buyer but, from what you could see through that split, there was no damage visible.

    The buyer came to view the item, we agreed the price and the buyer took the item (around 8.30pm). The buyer messaged me the following morning (8am) to say it was damaged and I agreed to get a replacement. I'm not sure why the buyer assembled the item either, the buyer later stated it was assembled "to see the impact of any damage".

    The buyer acknowledged on the first day he messaged me about the damage that he "appreciated I hadn't fully unpacked the item" and "fully appreciate you didn't and couldn't have known".

    In terms of a SNAD, this wasn't an Ebay sale. I posted here as this board also covers jumble sales/auctions etc
    Last edited by Ms Chocaholic; 06-07-2018 at 12:16 PM.
    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
    • Ms Chocaholic
    • By Ms Chocaholic 6th Jul 18, 8:41 AM
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    Ms Chocaholic
    Oh and I have been pro active in resolving this. I've been chasing the company over the past couple of weeks for the replacement and kept messaging the buyer with an update each time, even at times just to say I didn't have an update as yet but I hadn't forgotten.
    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
    • Ms Chocaholic
    • By Ms Chocaholic 6th Jul 18, 8:47 AM
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    Ms Chocaholic
    Just to add, the buyer told me he works from home and said he wanted the damaged item collected from him by the delivery company.

    I said this wasn't acceptable as I couldn't check the condition of the damaged item I didn't want to do this (I didn't want to be charged twice for the item either if he had altered it or didn't return it and if he also had the new item too I'd be stuffed).

    The buyer said as they worked from home, he would be available for collection by the delivery company any day for the next 2 weeks. When I said I could collect it and we agreed a time and day, lo and behold, he wasn't available, he had meetings to go to etc.
    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
    • BargainJunky
    • By BargainJunky 6th Jul 18, 1:57 PM
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    BargainJunky
    If I were in your shoes I would call the buyers bluff. Say that as he is so unhappy with his purchase you are prepared to collect it from him and give him a full refund. Do the company you bought it from want the damaged one returning? If yes send it back to them and double check that the 'new' one is OK if it isnt ask them to collect that one and give you a refund.
    • BargainJunky
    • By BargainJunky 6th Jul 18, 1:58 PM
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    BargainJunky
    Just had a thought did he actually show you a picture of the damage?
    • Ms Chocaholic
    • By Ms Chocaholic 6th Jul 18, 2:17 PM
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    Ms Chocaholic
    If I were in your shoes I would call the buyers bluff. Say that as he is so unhappy with his purchase you are prepared to collect it from him and give him a full refund. Do the company you bought it from want the damaged one returning? If yes send it back to them and double check that the 'new' one is OK if it isnt ask them to collect that one and give you a refund.
    Originally posted by BargainJunky



    Thanks.

    Yes he did send a pic of the damage but it was such a large item and the damage appeared to be on the edge of one of the joints, the part where the damage was would probably have been hidden when it was built (ie underneath).

    Yes the company want the damaged one back. The buyer said that the company could collect straight from him as he works from home and would be available every day for the next 2 weeks for collection but when I said I could collect, he's now saying he's not available (for me to collect).

    The last message from him was asking for my availability to collect, not sure what he takes me for but I'm not falling for that one as I think as soon as I say I'm available on whatever day he'll say it doesn't suit him. So I asked the buyer to tell me his availability and that I would fit round him and have heard nothing else.
    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
    • Ms Chocaholic
    • By Ms Chocaholic 6th Jul 18, 2:19 PM
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    Ms Chocaholic
    My question is how long do I have to wait for him to allow me to collect the damaged item and give him a refund or replacement.
    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
    • theonlywayisup
    • By theonlywayisup 6th Jul 18, 9:12 PM
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    theonlywayisup
    My question is how long do I have to wait for him to allow me to collect the damaged item and give him a refund or replacement.
    Originally posted by Ms Chocaholic
    If you need the damaged item then you need to wait. If you don't then don't bother.
    • Ms Chocaholic
    • By Ms Chocaholic 6th Jul 18, 10:51 PM
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    Ms Chocaholic
    If you need the damaged item then you need to wait. If you don't then don't bother.
    Originally posted by theonlywayisup



    Thanks for that but I need to return the damaged one at some point given that they have delivered the new one. I can't just keep it for an indefinite period.


    Surely the buyer needs to allow me to collect within a certain (reasonable) timeframe.
    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
    • theonlywayisup
    • By theonlywayisup 7th Jul 18, 5:25 AM
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    theonlywayisup


    Surely the buyer needs to allow me to collect within a certain (reasonable) timeframe.
    Originally posted by Ms Chocaholic
    The buyer needs do nothing. He paid cash. I can't see that he's kicking up a fuss to have a refund/replacement. Unless there's more to the story?

    Give him one more chance to have it exchanged by you and if you can't agree a time, send the new one back. I wouldn't even be bothering with that.

    Perhaps reacquaint yourself with your signature.
    Last edited by theonlywayisup; 07-07-2018 at 5:28 AM.
    • Ms Chocaholic
    • By Ms Chocaholic 7th Jul 18, 7:41 AM
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    Ms Chocaholic
    No definitely nothing more to the story, youve got the full picture. Thanks for your advice. Yes Ill return new one if he cant agree a time for me to collect old. I didn!!!8217;t want to be unreasonable but he!!!8217;s being a tool.
    Yes my signature does fit this situation perfectly
    Last edited by Ms Chocaholic; 07-07-2018 at 7:44 AM.
    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
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