Gumtree - buyer wants money back

[HarryB95]

I sold my MacBook on Gumtree for £200,

after already reducing it £50 to the man I sold it too.

 

I told and showed him there was a problem when tilting the screen it sometimes goes black,

in which you just tilt it back to a different position and it's fine.

 

I also told him the MacBook sometimes gets a grey screen and fails to load up,

I've always just taken the battery out and put it back in and it's fine and works normally.

 

He said that was fine and bought the MacBook I showed it working and everything, and he was happy.

 

A few hours later he rings me saying he can't get the MacBook to load,

and I explained already it does this and I just take out the battery.

 

He was not satisfied as he claims it doesn't work and is saying he wants a refund.

 

I said no, as I sold you it as seen working fine.

 

He then started saying if not he wants money for repairs.

 

I said no as I explained the problems the MacBook had and was completely honest.

He said this is now a civil matter and is gonna take action.

I am wondering what to do now,

 

can anyone help me?

 

Thanks.

[maroondevo52]

Hello and Welcome,

 

I've moved this thread to a more appropriate Forum, there's a thread here that may interest you............................

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?379274-Gumtree-Buyer-wants-refund.&highlight=gumtree

 

Regards,

 

Scott.

[letsmakeamark]

If you have already reduced the price and declared fault he hasnt got much of a chance. Wait and see what they do.

[steampowered]

It sounds like this Macbook was on its last legs. You say the Macbook works if you tilt the screen a certain way and take the battery in/out, but I doubt this arrangement could work for very long - it was always a matter of time until it gave up the ghost completely. It sounds possible that the buyer got home and can't get the Macbook to load no matter what.

 

Obviously you were selling a very faulty Macbook, but you were still selling a Macbook which works. You weren't selling it for scrap. Personally I would take the hit and give the refund.

[labrat]

id disagree

 

the fault was fully explained

therefore its a case of buyer beware

 

the only legal comeback he had is if it was not as discribed, which in this case it was as described

 

the screen issue could have simply been a loose cable

[HarryB95]

Yes, I agree, I explained the problems and disclosed all the faults with the laptop, he is saying it's a civil matter. I was like, how..? I disclosed all the faults and even showed him how to run the MacBook. He is going into the Apple shop and is going to try charge me for the faults to be repaired. Am I right to think this is not my responsibility and ignore him if he keeps hassling me?

[steampowered]

Playing devil's advocate, I do not agree that the fault was pointed out. Assuming he is telling the truth, the fault he is describing (laptop doesn't work at all) is much greater than the fault you pointed out (laptop works if you replace the battery). You were selling a faulty laptop which still works, but he got home and the laptop doesn't work at all.

 

Unlikely he can charge you for repairs. In theory he could sue you in small claims court for return of the GBP 50 and the court fee of about 35. Personally I think he would probably win, though obviously others disagree. Realistically it is unlikely someone would bother with litigation over 50quid but you never know.

[letsmakeamark]

Thats what i thought. If you are buying a item with a known fault/s and you have been told how to overcome them anything else goes wrong its not the sellers problem.

[HarryB95]

steampowered - How could he take me to small claims? I explained there was problems with it. I even restarted the machine a few times to show him. The grey screen appeared once during a few restarts, so I just took the battery out, held the on button down, put the battery back in and it loaded perfectly fine.

I showed him the item working, and disclosed all faults, I sold him the item as seen working.

[steampowered]

steampowered - How could he take me to small claims? I explained there was problems with it. I even restarted the machine a few times to show him. The grey screen appeared once during a few restarts, so I just took the battery out, held the on button down, put the battery back in and it loaded perfectly fine.

I showed him the item working, and disclosed all faults, I sold him the item as seen working.

 

There is a dispute of fact here, which is not just about whether you disclosed the faults. The dispute seems to be about what the faults actually are. You say the laptop works if you replace the battery. He says he can't get it to load at all.

 

He could file a small claims case for breach of contract, on the basis that you sold him a laptop (albeit a damaged laptop) which does not load. In the unlikely event he bothers filing a claim it would go to a hearing. Whether or not he would win at the hearing is difficult to say. It would come down to whether the judge believes his story that the laptop won't load at all or your story that the laptop worked when you sold it (albeit with faults which were fairly disclosed).

[letsmakeamark]

So somebody has bought a laptop which is faulty and has been told what the faults are and how to use it with the faults and now there is a problem ? I would say the purchaser has done something to it.

[HarryB95]

steampowered- So what do you recommend I do? Shall I offer like £30 partial refund or something to keep him happy? As this way I've knocked £50 off and a partial refund of £30. (Even though I technically don't have to.)

[*Thumper]

You've left yourself wide open here!!

 

The buyer can take action ............ because he can if he wants to .... thats it!!

 

Repairs wont be cheap, and you could end up with quite a bill, if he goes through with it.

Refund him.......... and bin the faulty goods.

 

There's really no point selling low value faulty goods.......... just bin it ....... learn from the expereince, and move on quickly.

[HarryB95]

Thumper - No I won't as I explained there were faults, and he was aware of that. The Sale of Goods Act (1979) states if I sell an item and have declared there are faults and have disclosed all information and then the item is sold as seen, the buyer can not ask for a refund as the goods are second hand. That's what I've been going off.

[labrat]

ill ask site team to drop in with advice

 

personally the buyers out on a limb

[renegadeimp]

Another case of simple Buyers Remorse?

[havinastella]

can you post up a copy of the advert?

[IdaInFife]

Just going to say I hope you listed the faults on the advert on gumtree?

[HarryB95]

labrat - Thanks, the more advice the better. Personally, I'd never rip someone off, which is why I think I'm in the right. I explained the problem, showed him what to do, I even showed him how to run the operating system, and on top of that I accepted £50 off the original price. What more can I do?

[dx100uk]

gotta agree the man stand no chance.

 

he prob though he could get it repaired

then found out the cost

 

trying it on IMHO

 

soga wont help him either

 

wil you though

you outined it was faulty

 

buyer beware.

 

dx

[HarryB95]

IdaInFife - No I had genuinely forgot to mention on the advert, and I had interest quickly so never got round to changing it. However if anything like that did go to court I was on the phone to him and fully disclosed all it's faults.

 

dx100uk - Yeah you're right, I've followed the SOGA, so hopefully he'll just stop bothering me.

[IdaInFife]

I am now playing devils advocate,

 

IF the buyer did proceeed to court it would be your word against his that you told him it was faulty as he could easily produce the advert with no mention of faults/

[HarryB95]

IdaInFife - Okay, in that scenario, could I not just get recordings of the phone call? And one of the times he rang me back my friend was there too, and because he wasn't listening to me. My friend firmly explained it. Couldn't he also be a witness?

[*Thumper]

Harry, I'm not questioning, your honesty......... You obviously sold in good faith

And offered all the relevent facts at point of sale.

 

The point I'm making is............... if the buyer goes through will small claims action.

You are in for a whole heap of time effort, and possibly cost.

More than the value of the sale.

 

It's not worth it!!

 

Refund ..... learn from the experience ........... move on ......... and be bitter, it's your right!

[dx100uk]

aha

so was not on the advert

 

was the buyer aware of the faults before he paid for it.

you sayhe came around and saw it

and you face to face demonstrated the issues?

 

dx