Buyer claims

Hi

Looking for some help on responding to a buyer.

I sold these http://tinyurl.com/hmqn back in June and now 5 weeks
later the buyer is claiming that one of the cars is not as described.

This thing is that the cars were collected in person by a friend of
his who inspected them.

The buyer has written to me saying that there was more work required
than I stated in the ad. This is news to me and I cannot confirm or
deny his claim.

The buyer does not state what he wants

What should I do?

Thanks

Julian

On Tue, 22 Jul 2003 01:44:56 +0100, Julian
<julian@nospam.sharpuk.f9.co.uk> wrote:

>Hi
>
>Looking for some help on responding to a buyer.
>
>I sold these http://tinyurl.com/hmqn back in June and now 5 weeks
>later the buyer is claiming that one of the cars is not as described.
>
>This thing is that the cars were collected in person by a friend of
>his who inspected them.
>
>The buyer has written to me saying that there was more work required
>than I stated in the ad. This is news to me and I cannot confirm or
>deny his claim.
>
>The buyer does not state what he wants
>
>What should I do?
>
>Thanks
>
>Julian



fook me, how much, WOW i got a complete 1963 set with the Mercedes in
white, the sports car of the time and a green Austin Healy, all the
track, and barriers, electric siren chicaine buzzer thing, flags track
in the box, although the box is a bit old and worn, whats that worth
then ?


--
E-Mail Addy obet(ng)qfy(qbg)cvcrk(qbg)pbz <---Rot13 it
watch out for spam trap in header
http://www.goodtraders.com/viewfeedback.php?nick=Borg
http://www.borg.dsl.pipex.com/
Trike Power the TRUE Trinity

Julian wrote in message news:dn1phv86rg4rguulg5kdbetr4hts02p2g3@4ax.com...
> I sold these http://tinyurl.com/hmqn back in June and now 5 weeks
> later the buyer is claiming that one of the cars is not as described.

Way too long a time period, if he was genuinely unhappy with what he had received he
would/should have contacted you much sooner.

> This thing is that the cars were collected in person by a friend of
> his who inspected them.

And this person presumably had the trust of the buyer and knew exactly what he was
looking for.

> The buyer has written to me saying that there was more work required
> than I stated in the ad.

Maybe they do but he has had more than enough time to establish their condition and
contact you if he was unhappy.

> The buyer does not state what he wants

Perhaps he's just trying to guilt you into offering him some money back.

> What should I do?

Ignore his letter, (as you say, he doesn't state what he wants from you) after all
you could only reply by saying "what do you want". If he contacts you again point
out that you agreed to personal collection which he then entrusted to a third party
and this person carried out a thorough inspection. The transaction was completed x
weeks ago. Being an honest and reasonable person you would have listened
sympathetically to any complaints / concerns raised within fourteen days of receipt
of goods. This time frame started when his friend collected the cars from you.

Should he claim that he has only just got the cars from his friend, politely point
out that that is his problem as he wanted them collected.

--
Paul

Various items for sale,
See http://www.belair267.co.uk
Also - New, unused Virgin Mobile sims
with £5 call credit - £8.50 each delivered.

On Tue, 22 Jul 2003 01:44:56 +0100, Julian
<julian@nospam.sharpuk.f9.co.uk> wrote:

>Hi
>
>Looking for some help on responding to a buyer.
>
>I sold these http://tinyurl.com/hmqn back in June and now 5 weeks
>later the buyer is claiming that one of the cars is not as described.

>This thing is that the cars were collected in person by a friend of
>his who inspected them.
>The buyer has written to me saying that there was more work required
>than I stated in the ad. This is news to me and I cannot confirm or
>deny his claim.
>The buyer does not state what he wants
>What should I do?
>Thanks
>
>Julian


Just say you are sorry that he is not happy, but unfortunately he has
had sufficient time to examine and return them and that, because of
the time period involved no refund will be possible.

Caveat Emptor

"Paul" <contact.me@reply.to> wrote in message
news:bfilsl$6rh$1@newsg1.svr.pol.co.uk...
> Julian wrote in message news:dn1phv86rg4rguulg5kdbetr4hts02p2g3@4ax.com...

> > The buyer has written to me saying that there was more work required
> > than I stated in the ad.
>
> Maybe they do but he has had more than enough time to establish their
condition and
> contact you if he was unhappy.
>

I agree. And to be fair you said they needed some restoration and gave an
example. Did he email before the auction finished asking what else needed
doing? Since you didn't specify, I would have asked for more details before
paying that much.

--
Sarah
~~~~
Remove NOSPAM to reply
www.thelonegunwoman.co.uk

"Julian" <julian@nospam.sharpuk.f9.co.uk> wrote in message
news:dn1phv86rg4rguulg5kdbetr4hts02p2g3@4ax.com...
> Hi
>
> Looking for some help on responding to a buyer.
>
> I sold these http://tinyurl.com/hmqn back in June and now 5 weeks
> later the buyer is claiming that one of the cars is not as described.
>
> This thing is that the cars were collected in person by a friend of
> his who inspected them.
>
> The buyer has written to me saying that there was more work required
> than I stated in the ad. This is news to me and I cannot confirm or
> deny his claim.
>
> The buyer does not state what he wants
>
> What should I do?
>
> Thanks
>
> Julian


Description is fair, he could have asked before bidding.
Far too much time has passed. Stick to your guns
>>Both cars are in need of some restoration eg grill missing on Aston

On Tue, 22 Jul 2003 01:44:56 +0100, Julian
<julian@nospam.sharpuk.f9.co.uk> wrote:

>I sold these http://tinyurl.com/hmqn back in June and now 5 weeks
>later the buyer is claiming that one of the cars is not as described.

Sale of Goods Act:-

"13 Sale by description
(1) Where there is a contract for the sale of goods by description,
there is an implied [term] that the goods will correspond with the
description. "

>This thing is that the cars were collected in person by a friend of
>his who inspected them.

As they were collected after the contract was made this is
irrelevant.

35 Acceptance
(2) Where goods are delivered to the buyer, and he has not
previously examined them, he is not deemed to have accepted them
under subsection (1) above until he has had a reasonable opportunity
of examining them for the purpose-
(a) of ascertaining whether they are in conformity with the
contract...

>The buyer has written to me saying that there was more work required
>than I stated in the ad. This is news to me and I cannot confirm or
>deny his claim.

This leaves you with a bit of a problem.

>The buyer does not state what he wants

He has a number of options one of which is to rescind the contract,
the other of which is to require you to repair or replace the items
(and if this isn't practical the contract is rescinded
automatically).

"48A(3) For the purposes of subsection (1)(b) above goods which do
not conform to the contract of sale at any time within the period of
six months starting with the date on which the goods were delivered
to the buyer must be taken not to have so conformed at that date."

"48B Repair or replacement of the goods.
(1) If section 48A above applies, the buyer may require the seller-
(a) to repair the goods, or
(b) to replace the goods.

(2) If the buyer requires the seller to repair or replace the goods,
the seller must-
(a) repair or, as the case may be, replace the goods within a
reasonable time but without causing significant inconvenience to the
buyer;
(b) bear any necessary costs incurred in doing so (including in
particular the cost of any labour, materials or postage).

(3) The buyer must not require the seller to repair or, as the case
may be, replace the goods if that remedy is-
(a) impossible, or
(b) disproportionate in comparison to the other of those
remedies, or
(c) disproportionate in comparison to an appropriate reduction in
the purchase price under paragraph (a), or rescission under paragraph
(b), of section 48C(1) below."

>What should I do?

Nothing much you can do until he says what he wants other than
perhaps try to find out exactly how he felt they didn't match the
description and what remedy he is seeking. The items are second hand
and your description was very brief. From that description it is
however reasonable to infer that the cars were in working order and
in need only of cosmetic work ("Both cars are in need of some
restoration eg grill missing on Aston").

If he has found for example that the drive gear is stripped (a common
Scalextric fault) or the car is not working at all then he may well
have a justifiable complaint. If on the other hand his complaint is
that they were a bit tattier than expected he probably doesn't.

Do not try to say he has left it too late to complain, for breach of
contract he has 6 years in which he might bring a claim.

--
Peter Parry.
http://www.wpp.ltd.uk/

Peter Parry wrote in message news:os5qhv82f00rb1puqt1gl9d1oalj4roum7@4ax.com...
> Sale of Goods Act:-
<snip>

The "sale of goods act" doesn't apply as these are second-hand goods in a private
sale.

From CompactLaw
<Q>
Auctions and Private Sales
Auctioneers can refuse to accept responsibility for the quality of goods on auction.
The consumer cannot back out once the deal is made. Goods bought privately do not
have to be free of fault but they do have to live up to their description
</Q>

Note the last sentence, "do not have to be free from fault" Julian stated "Both cars
are in need of some restoration" and his buyer accepted this. He may, for all we
know, have contacted Julian for further clarification and based his decision to
purchase on information received. Either way he has had these cars in his possession
for 5 weeks, just how long does he need to inspect 2 scalextric cars.

Whilst IANAL I maintain that the "sale of goods act" does not apply.

--
Paul

Various items for sale,
See http://www.belair267.co.uk
Also - New, unused Virgin Mobile sims
with £5 call credit - £8.50 each delivered.

On Tue, 22 Jul 2003 09:44:13 +0100, "Sarah Elton"
<NOSPAMsarah.elton@fsmail.net> wrote:

>
>"Paul" <contact.me@reply.to> wrote in message
>news:bfilsl$6rh$1@newsg1.svr.pol.co.uk...
>> Julian wrote in message news:dn1phv86rg4rguulg5kdbetr4hts02p2g3@4ax.com...
>
>> > The buyer has written to me saying that there was more work required
>> > than I stated in the ad.
>>
>> Maybe they do but he has had more than enough time to establish their
>condition and
>> contact you if he was unhappy.
>>
>
>I agree. And to be fair you said they needed some restoration and gave an
>example. Did he email before the auction finished asking what else needed
>doing? Since you didn't specify, I would have asked for more details before
>paying that much.

I had no contact from the buyer until after the auction.

To be honest I thought I would only get £20 and was really surprised
by the bidding for these (and the other scalextric bits and pieces I
auctioned). If I had of known I would have added more pictures and
aded more description if only to get a higher price

Compared with the other scalextric auction http://tinyurl.com/hpo6
where I had several buyers aking lots of questions which I answered
and sent then close up photos.

Thanks

On Tue, 22 Jul 2003 10:45:39 +0100, "Helen" <hharris@hotmail.com>
wrote:

>
>Description is fair, he could have asked before bidding.

He could - others did

>Far too much time has passed. Stick to your guns

Thanks for the advice