What Would You Do

[steve2006]

I decided to sell my old Mount-field sit on lawnmower on fleabay and someone contacted me and offered £250.00 plus delivery so I removed it from auction and went ahead.

Delivered it to a place nearly 100 miles away and demonstrated it,explaining the Battery (electric start) needed a charge and one of the mounting brackets on the cutting deck was fractured and needed a plate welding on.

Apart from that the thing was OK and cut the grass nicely when I had it and last used it the week before.

I have now been contacted by the new owner over 2 months later saying that the Battery had to be replaced as it wouldn't charge,fair enough and the thing is so rotten it is not worth repairing so therefore they "would be happy if I collected the mower and gave them a full refund".

I've now had 3 texts and a phone call asking for a "quick settlement of the matter"

I sold it as seen and it was apart from the defects mentioned working fine when I sold it.

I'm not mean by any means but 2 months seems a long time to find out the mower is "scrap" and I am reluctant to do anything in regard to this.It could have been used and wrecked in doing so.

What do you guys think?I can see it from the buyers point but told them they had the chance to inspect the mower when delivered,they were told of the 2 known problems and accepted the sale,when I asked about the length of time it has apparently been in the repair shop all this time and has never been used,coincidental that the grass cutting season is now over for the winter.

The buyer only has my mobile phone number and no address details.

[Steve ( West Mids )]

From what you say yo have been more than reasonable. Were the faults in the eBay ad? If so then I would say he is just trying it on. As you say soled as seen, tried and tested - he was happy to pay the money. If he were to raise a dispute on eBay he could get your address details but can't see what he would do.

I think I would be inclined to send him an email through eBay detailing the facts ( including what was in the advert i.e used / old etc. ) and say it was not sold with any guarantee, was delivered by you & demonstrated and he was happy to pay for it.

[steve2006]

Cheers Steve,

It was on eBay but then sold privately through eBay contact so eBay are not involved (naughty I know) The buyer paid me a £100.00 deposit via Paypal so after 45 days cannot claim that back and the balance was in cash.

They have not got me contact details apart from my mobile.

Like you say it was sold and bought in good faith and I hid nothing,if anything I think I was very honest.

It's not only the money it's the travelling time also.

[TommyH]

You have been very fair and honest. They are just chancing it, tell them to do one, end of !!

[graham8370]

Agree with Steve, you obviously gave no guarantee and he bought it 'Sold as seen'. I imagine he's trying it on and I would just ignore him.

Good luck, Graham.

[TigerFish]

To put it politely, I would tell them to "f@#k off" and tell them to cease harassing you. Point out you have all the texts saved and will involve the police if they harrass you any further.

[Rory]

I echo the others, especially tigerfish, even if you had advertised it on eBay and not mentioned any faults, the fact they bought outside eBay means they have nothing to argue, you demo'd the mower, and it was second hand, i wouldn't worry about it

[chris2010]

Change mob number

[steve2006]

Change mob number

Good idea,although it's a company mobile I will ask them to do it.

Update,

I have now received more calls and texts even though I explained the situation on the phone in that the mower was sold as seen and was started up and demonstrated at their house,I couldn't engage the cutting as it was on the gravel driveway but they accepted the Battery was low on charge and the crack in the cutting deck mounting. Plus the fact they had bought it 2 months ago!

They happily paid the balance in cash had they not been happy at this time I would have gladly let them pull out of the deal and refunded the deposit but hopefully they would have still paid for the fuel I used to go there.

Anyway another 2 texts have been received and now another call which went to voicemail.

They are now "giving me until tomorrow" to agree to their demands or they are going to contact eBay,even though the listing was pulled at their request and it wasn't sold through eBay, it's still there in my "unsold items".

The deposit via paypal is only disputable for 45 days after payment so OK there,the only other course of action is a chargeback if this was paid with a credit/debit card but to do this they will have to claim fraudulent use of the card which would be fraudulent in itself and therefore unlikely,if it comes to that it would become a criminal matter and I would take action in that respect.

I just don't get this,they've had it for nearly 2 months but haven't used it because all this time it has been in the repair shop,personally I now think they have used it,abused it and now want their money back.

I remember buying a Talbot Samba many years ago and when it came to the MOT a couple of months later it was discovered the floor pan was mode of under sealed cardboard, now that was not only very dishonest but downright dangerous but like the case above I bought it as seen so no comeback,except this case I was honest about the faults.

[Rory]

ok eBay won't get involved as it was done outside eBay, they won't help either party, which is good news for u as u don't need the hassle, for all they know you had it on pistonheads or somethin lol

paypal again I can't see helping the buyer out, all they did was send a payment thru paypal, I can imagine all the buyer can do is send an invoice and/or refund request, if it was me i'd ignore it, simples

do they have your address at all? if not i'd just txt back wishing them luck, lol

[TigerFish]

Report them to the police for harassment as this is clearly causing you distress.

[Garysean]

you stated what was wrong with it, its like buying anything second hand there is no receipt or garentee, basically i'd personally go tell them to go f**k themselfs, no matter what threat they use there is absolutly nothing they can do, eBay wont be interested, paypal wont be interested, i very much doubt small claims court would be interested, and even then it's a farce, you dont turn up nothing happens basically and it costs more money than they will be claiming for, which means basically it isnt a option anyway

Change your number or tell them your not interested and to have a merry christmas, tell them to buy a cheap mower with the scrap value cash :D

[steve2006]

Well the phone calls and texts have stopped but somehow the buyer has managed to contact me via eBay.

I've had enough now so this is the response I sent direct to the buyer's email address

In response to your multiple emails,telephone calls and text messages and having taken legal advice my response is as follows.

You purchased the lawnmower on or about the **************** and it was delivered as requested to your premises where upon the issue with the Battery and the possible small amount of welding of the cutting deck bracket was discussed between your partner and myself and this was accepted.

Payment was then made for the lawnmower therefore completing the sale where upon it became your property.

The sale was made on the basis it was private and involved no other parties.

In accordance with sales of this type there was no warranty/guarantee offered,implied or given and the sale was made on a sold as seen basis.

Two months after purchase you are now stating the lawnmower has multiple defects rendering it

unserviceable and are requesting that the lawnmower is collected and the monies paid refunded to you.

The lawnmower was in regular use under my ownership and was last used without problem and producing good results a few days before it was delivered to you.

Given the time lapse since the sale and the sale details listed above I have no legal or other obligations to collect the lawnmower or refund you.

Furthermore your approaches and threats could be considered as harassment and I will consider taking action against you under the Protection of Harassment Act 1997 should this continue.

All received electronic or voice communication regarding this matter has been recorded should the need arise for it to be required in any action taken.

I trust this will bring the matter to a close.

[Rory]

looks good, just go to the police now if they continue the harrassement

[ormi]

looks spot on mate.....dont think you'll get a reply :winky: :winky: