You picked the wrong person to start that crap with

[The Dark Knight]

Hi guys,

Way back in March, I sold my 4 winter tyres and alloys on eBay as I prepared to hand back the ST.

Just this week, the buyer sent me a message saying 2 of the wheels are buckled. Firstly, if they are and I don't have any reason to think she's lying, I was completely oblivious to it as the car drove fine. Secondly, I spoke to the mobile tyre fitter today who came out each autumn and spring to change the wheels over for me and he said the wheels were brilliant and balanced just fine and well looked after. He would support me all the way. He said she's trying it on. 

Anyway, more messages came in that said they could not be repaired and were dangerous. She demanded a full refund under SOGA as they are not fit for purpose. 

I put her in her place there as it is the Consumer Rights Act 2015 now and the implied terms about quality and fitness for purpose don't apply to private sales. I am not a trader. Goods still have to be as described but I never claimed in my advert that they were perfect. They were advertised as used alloys and tyres. Plus the advert has long since been deleted from eBays servers! 

She went on to copy and paste stuff about being entitled to a refund under consumer law. I tore her argument apart again but she wasn't getting it. I also told her she's had them for over 6 months so anything could have happened in that time she's had them! 

Then she changed tactics and said she'd spoken to a solicitor who said she had a case and her neighbour is a magistrate who would testify that they had been stored in her garage since purchase as they are winter tyres. Several threats were made about small claims court so I just said do it then. She then said they could be repaired at £50 per wheel and she would be happy if I paid for one wheel. I ignored this. Let's not forget that some people fit winter tyres as early as September so I stand by the above that anything could have happened in that time. 

Throughout this, she said she would be turning up at my house with the wheels today. I then said go through the proper channels for small claims. I told her to cease contact with me and to not turn up at my house or it would become a case of harassment. She ignored that and kept firing messages at me and said she would be coming over. I ignored the last few messages. 

She wasn't bothered by the mention of harassment and police involvement if she turned up at my house. She said the police would be very interested in me selling goods that are a danger to her and other road users. I didn't respond but the fact is the goods only become a danger if used. Selling them, especially without any knowledge of any faults, is not dangerous. 

Here we are at Saturday afternoon and no appearance from her as yet. No messsges today. She paid cash and eBay doesn't show my address to anyone except at the time of sale.  That information has long gone off eBay so unless she remembers the full address or has it noted somewhere, she doesn't know where I live. 

So it seems she has been bluffing in a bid to get me to cave in and I called her bluff.

Any thoughts or similar experiences? 

[Stoney871]

For non-professional and private sales generally, the principle caveat emptor (‘let the buyer beware’) holds. When you buy something from a non-professional trader, you are not protected by the stipulations of the law that goods sold must be of satisfactory quality and fit for the purpose intended.

You probably will not be able to return (reject) faulty goods and get your money back because goods brought from private sellers do not have to be free of faults.

Less than 30 days -

Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly. This right is limited to 30 days from the date you buy your product.

After 30 days -

You will not be legally entitled to a full refund if your item develops a fault, although some sellers may offer you an extended refund period. 

After 30 days but within 6 months-

You  have to give the retailer one opportunity to repair or replace any goods or digital content which are of unsatisfactory quality, unfit for purpose or not as described. 

If you discover the fault within the first six months from purchase, it is presumed to have been there since the time of purchase - unless the retailer can prove otherwise.

After the first six months -

The burden is on you to prove that the product was faulty at the time of delivery. 

From eBay themselves-

Where the seller is a private individual, the goods must be "as described". The goods are not legally required to be of "satisfactory quality" or "fit for purpose".

http://pages.ebay.co.uk/safetycentre/rights.html

 

I would say that the buyer has not read the Consumer Rights Act correctly with regards to rejection and claim timings and is trying it on as the 6 months stipulation has expired.

If any sensible person buys new or used goods online the first thing they should do is inspect on arrival and reject at that point not shove them in a garage and moan after 6 months.

I strongly believe that they are pushing their luck with the Magistrate and Lawyer comments, a Magistrate wouldn't risk their integrity by interceding on a private matter.

I advise that you go no further in this matter and make no more communications.

The 'threat' of turning up at your house is imho just that.

I doubt that they will involve courts as the costs would outweigh the financial gain from claiming.

[tazzman600]

She sounds like a proper !Removed! to me. Not fit to own a ST.

[The Dark Knight]

Indeed. She wasn't getting it despite me telling her I had a degree in law and studied consumer law as part of that. Ignoring her is indeed the best option. 

It would cost her £35-£60 at court plus petrol costs to get here for a rant. Just £100 and she's back to normal. No hassle.