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Gumtree Buyer wants refund.


Myfamily
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Hello,

 

I sold two sofas recently and buyer collected, they saw the sofas, said they were fine, paid and took them straight away.

 

Now they have contacted me to say that they want refund as they were damp and cold (they're leather), they said they were wet and they must have been stored outside. Also said the was mould on them.

 

I have had them for approx 6 -7 years an never had an issue with them, I removed them from my living room approx 1 month ago and put them into and out building, which is an office. when the buyer said they wanted them I moved them back into my living room so that they would be able to inspect them , sit on them etc.

 

When the buyer come round they said they were happy with them and that was it.

 

There was no mould or anything on them, they were cold I suppose because the out building has no heating, I don't know what to do. I have already used the money that they paid and cannot afford a refund - there was nothing wrong with them, but worried because they picked up from my house - I dont want any trouble, my life is hard enough at the moment (getting re-possessed!!) They're also talking about dumping them and charging me for it!.

 

Any advise please??

 

Myfamily

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unfortunatly for them as its a private sale it is sold as seen

 

you gave them time to inspect and ask questions

 

they would have no basis in law to either demand a refund or to dispose of them and charge you, that stands as long as they were descibed correctly

 

remind them that you do not wish them to visit you at home and if they do the police will be called

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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I agree with labrat - what they are now claiming would have been visible when they visited your home. How long had the sofas been in their possession before they made this claim ?

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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They have had them for 4 days, there was no mould on them when they left, they have said that they have ripped the material away from the bottom and say that is damp inside and mouldy, there's no way I could know this. They looked perfect from the outside!! They were exactly as described I even explained that there was scratch on one of the seats that the dog had made.

 

Could you help me with a polite reply?

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Well you certainly wouldnt want them back if they have ripped the fabric off the bottom !!

 

How about a reply based on the following.

 

Dear XXXX

 

On DATE you visited my home and inspected 2 leather sofas that I had advertised for sale.

 

You made a thorough inspection - I answered all of your questions, indeed I even brought to your attention minor damage to one of the sofas. You were satisfied with the items which you subsequently purchased and took possession of.

 

After damaging the items by removing the bottom fabric, you are 4 days later, claiming there is mould. As far as I am aware, there was no mould when you took possession of them.

 

It is my opinion this was a fair and honest sale and I do not consider that I have any liability to you and will not be accepting the items back or refunding any monies.

 

Yours faithfully,

 

 

 

HTH

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks Citizen,

 

I honestly do not believe that there was anything wrong with them when they left here, but I know that they won't be happy and that makes me nervous!

 

I will send them an e-mail back and see what they say.

 

Thanks again!

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Please keep us updated..

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Uploading documents to CAG ** Instructions **

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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if it helps ive had a very similar issue

 

buyer collected a Playstation 3 from me - i hadnt used it in weeks, i loaded it up while he was here and played a game for a bit, he left happy

 

4 days later i got a message that it kept freezing up when he was playing online games and wouldnt read one of his games, but would read the others fine therefore he wanted a refund of the money payed and his taxi fares

 

went through several emails, but kept the tune the same, seen working, you were happy with it, therefore no refunds

 

personally i know he said he wanted to play games across the university network, i know from experiance that unis speed restrict that sort of thing so i think when he learnt he couldnt do what he wanted he just wanted the money back

 

 

 

and if theyve damaged it theres no way on earth you have to give the money back (friends flashback here - "this sofas been cut in half" - :p)

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Hi Guys,

 

I got a reply today which just said " money obtained dishonestly will only bring you misery, good luck"

 

That's charming isn't it, I am annoyed that they think that of me, I have always been very honest, so that hurts, but I think I'd best not reply!!

 

Just hope it's not some kind of veiled threat!!

 

But as always thank you for your advice here.

 

Myfamily

Edited by Myfamily
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Yes, it is not very nice.

 

The fact that they came and viewed then waited 4 days before saying anything makes me suspect they are the ones trying it on. Just put it behind you. and NO.. dont respond to their reply.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I reckon........... they did'nt realise how cold they would be to sit on.

If they leave there heating off all day, and return from work to sit down

It's a bit of a shock....... particulaly if it's laminated leather.

 

I agree, Thumper...that's why I'd never own another leather sofa.

 

MyFamily, it sounds like they're annoyed that they couldn't get one over on you. I'd be irritated too, but just let it go over your head. Ripping the bottom off then trying to return it! The cheek of some people...

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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