Private Gumtree sale dispute as seller, not sure what to do

[Notreblenotreble]

Hello everyone. I really am in a pickle with a private sale.

 

I recently sold a hifi through gumtree for the sun if £250, a pretty top end one that was new and in the box. It was an unwanted gift, so I sold it on. It was advertised as being as new, and came with a warranty card and and unused.

 

A girl messaged me through gumtree and came and saw it, and handed over the cash. A week later she phoned me to say the warranty couldn't be setup as they didn't have the original invoice. I had some hassle getting it but did.

 

A week later again I got a phone call to say her and her boyfriend couldn't get the warranty to validate so they wanted to return it. I told them it has been inspected before sale and the warranty isn't my problem. I hadn't advertised one. I systematically said I wasn't issuing a refund and this wasn't my problem. I didn't have the money to refund anyway however I felt this was a bit over the top.

 

I got a letter two days ago citing some rules for retailers, that I had apparently broken, and the latter now claims I had Miss sold the item due to some kind of discrepancy in the name.

 

 

This was never mentioned before, and I hadn't actually advertised it as such.

They said I'd sold it as a Bose, when it wasn't).

 

the letter gave me 14 days to reply and i signed for it when it arrived.

I don't think I'm in the wrong here but I suspect this is going to small claims court.

 

 

She also had two policemen she was 'friends' with apparently knock on my door to ask me (politely actually) to give her money back.

They did admit it was a civil issue but I'm feeling very pressured here to buckle.

 

What do I do?

I have the original copy of the advert that proves I didn't missell it.

Do I reply to the letter or am I best leaving it?

[obiter dictum]

Did you advertise the product for sale with a warranty??

[king12345]

Write to her and tell her that you will be happy to defend any claim in a court of law.

If you get another police officer at your door, take their collar number and report them to the ipcc for harassment.

Of course tell them that it is a civil matter.

Police love claiming that everything is a civil matter, so do the same.

[silverfox1961]

Hi and welcome to CAG

 

As this is a private sale, 'Caveat Emptor' applies. This means 'Let the buyer beware' In a lot of cases a warranty is non transferable anyway however this has nothing to do with the goods. You sold the HiFi, not the warranty. Even if it blew up tomorrow, they would have no comeback other than trying the courts.

 

They can cite whatever rules about retailers as they like. they don't apply to private sales. Period!

[obiter dictum]

I tend to agree with the above. Normally these things are covered under consumer protection laws such as the Sale of Goods Act and Consumer Rights Act.

 

These will not apply unless you misrepresented the goods but even then, this is a private, not commercial sale.

 

As long as no misrepresentation took place on your behalf you have no legal duty to provide a refund

[ericsbrother]

you can report the officers if you know their names or numbers, misfeasance in a public office is a very serious charge even if the matter itself is petty, bit like perjury.

[Notreblenotreble]

No I don't believe I missold it.

 

The whole complaint was surrounding the warranty, and my advert only said that the card was included in the sale.

All the other complaints only turned up later in this letter, when it seems they really wanted to push me for a refund.

 

They also complained that I had told them verbally It had cost £280,

when in fact when I supplied them with the receipt (out of the goodness of my heart it seemed) it was for £250.

My mistake with that, as it was a gift from my son, but I don't see how this is even relevant.

 

Should I reply to this letter then as it sets a deadline?

If I don't reply would it be derogatory to me if they take it to small claims court?

 

I do feel better about it after reading your above replies and I really appreciate them.

I just feel this letter was a springboard to a next step.

It seems more formal now.

[renegadeimp]

Ignore them. Completely. There is absolutely NOTHING they can do. They can send as many letters as they want. Again, nothing they can ever do.,

Notice how they cite retailer law and rules? Guess what. Youre not a retailer. Youre a private seller. They obviously regret the pruchase and are looking to push the blame on to you by lying.

 

If you feel like contacting them, tell them youre more than willing to see it through to the end and show them lying to the court if theyre dumb enough to take it that far.

 

If they phone again, hang up on them, or record the call.

[dx100uk]

it the letter titled 'letter before Action'?

 

 

dx

[Notreblenotreble]

it the letter titled 'letter before Action'?

 

 

dx

 

Hello, no it does not have a title. It's just a letter that says I have 14 days to issue then a refund. I think I'm going to ignore it. If it goes to small claims court I'll add my responses to everything then. I have evidence of the original advert so I think I'm ok.