An interesting question - What would you do?

[Trig's]

.......... i get to return my tv to argos seven years after buying it because it broke?

Not quite 7 years... but 9months later returned for a refund 9 months later.... I did but it wasn't a TV.....

 

[Denyerec]

http://www.out-law.com/page-430#goods

 

[theMusicMan]

There's always two sides to a story but to me, on this one it sounds as though he is trying it on.

I'm sure you will already know this, but...

• always maintain the higher moral ground
• try to keep one step ahead of him - perhaps contact the admin of the boards advising them of what he has said he would do, before he does it (though it does sound like an idle threat)
• If he does post, just make a single, direct and succinct reply - don't get into personal arguments on a forum, because - just like rubber-neckers - people will read and form their own views
• Use the 'ignore' feature

 

[stupar]

Question:

Assuming it was a DSLR that was sold, how on earth can a flash get broken when its a pop up one and likely to be in the closed position and well wrapped????

 

[Tirpitz]

name & shame him!
he sounds like a right Bell-end :thumbsdown:

 

[camerassassin]

Question:

Assuming it was a DSLR that was sold, how on earth can a flash get broken when its a pop up one and likely to be in the closed position and well wrapped????

Excellent question

It was indeed a pop up flash and the thread where all this was discussed elsewhere, has now vanished , so unless Mike tells us the final outcome we'll never know what has transpired.

 

[Coldeh]

had similar experiences when selling stuff on the internet myself (sold plenty and the majority problem free). it's not a nice thing to do, but you have to share your bad experience of the buyer with the forum before they bad mouth you. most people are happy with their purchases, but some seem to think that because they got a bargain there's something dodgy going on and so at the first sign of anything going wrong it's your responsibility. you're doing everyone else on the forum a favour by telling them of this trouble maker. what next, i get to return my tv to argos seven years after buying it because it broke?

I just returned a PSP Go to the shop I bought it from 10 months after I bought it (got a brand new replacement). Buying brand new from a shop/company is different to buying from an individual, the former is strictly controlled by law, the latter is controlled more by agreement/contract.

Not quite 7 years... but 9months later returned for a refund 9 months later.... I did but it wasn't a TV.....

Looks like another shop that actually know the law, I was dumbfounded when the shop I returned my PSP Go to just took it and gave me a brand new one without fuss.

http://www.out-law.com/page-430#goods

The question would be whether the Distance Selling Regulations apply to an individual, I don't know the answer to that, but it may well be the case. I would presume, if the regulations did apply, that the OP did provide confirmation of sale to the buyer before the goods were shipped, which means they get a 7 day cooling off period.

 

[SarahLee]

Others in this thread have suggested the same thing, but I really wouldn't be at all surprised if this was a case of user error rather than a faulty flash anyway!

To the OP, I think you have the moral high ground here but how you deal with it depends on how much you want to build your reputation on that site and how helpful you feel inclined to be. You could always try talking him through what he's doing that leads him to believe that the flash is broken . . . I bet the outcome would be something to do with the settings he's using.

As an aside, there are a few posts here about distance selling regulations. These don't apply to sales by a private individual as opposed to a business.

i get to return my tv to argos seven years after buying it because it broke?

Technically yes you could under the Sale of Goods Act but only if you could prove that :

a) 7 years is a reasonable life expectancy for a TV.
and
b) The fault that led to the failure was present at the time of purchase.

 

[Coldeh]

As an aside, there are a few posts here about distance selling regulations. These don't apply to sales by a private individual as opposed to a business.

Thanks for that clarification.

Technically yes you could under the Sale of Goods Act but only if you could prove that :

a) 7 years is a reasonable life expectancy for a TV.
and
b) The fault that led to the failure was present at the time of purchase.

And that's why I love the UK, our consumer laws are just brilliant.

 

[Breaker]

Caveat emptor

 

[seriousrikk]

The guy has asked for 50% of the cost. This says to me he is trying it on - anyone who genuinely believed the item was faulty should go for refund (unlikely) or full recovery of repair costs to make the item 'as described'.


If decided to take the matter to court (his only way of pursuing the matter), then it is very likely he would not win due to the time it has take to report the fault. Private sales offer very little in the way to buyer rights apart from 'as described' - and it is the buyers responsibility to check an item over as soon as possible to ensure it is working as described. A couple of weeks, fair point. Seven? Fat chance.

 

[Mike.P]

To the OP, I think you have the moral high ground here but how you deal with it depends on how much you want to build your reputation on that site and how helpful you feel inclined to be. You could always try talking him through what he's doing that leads him to believe that the flash is broken . . . I bet the outcome would be something to do with the settings he's using.

My rep is pretty good on the forum and the person involved is known as a bit of a pain. As for how helpful I am inclined to be that sort of went out the window once he basically called me a liar and accused me of sending dodgy gear. The first message he sent was pretty reasonable asking if I could think of anything that may be causing the problem, I responded saying that it was working when I sent it but knowing he is (in his own words) a technophobe .. I asked him to try a couple of things.

Next thing I know a message comes through accusing me of all sorts, some of it in CAPITALS ( which got right up my nose ) and demanding 50% of the repair costs.

Anyway .. it seems to have gone quiet at the moment but we shall see.

Thanks for all the advice anyway.

 

[zeugma]

If you haven't already:
Maintain your objectivity and composure, in the face of (what you see as) considerable provocation.
Report offensive, accusatory correspondence to a moderator immediately.
Rise above what comes across as stroppy petulance, which may in fact reflect that he has difficulty expressing himself, and try to get to the bottom of the issue.
As suggested, it may turn out that he simply doesn't appreciate that it may be user error.
If you are able to prove that it IS user error, politely inform him that you cannot continue to provide him with personalised support in perpetuity.
Just my 1p worth.

 

[tijuana taxi]

The cheque-clearance issue would have been a red-flag for me also BTW... and not just from the perspective that anyone without the nous to perform a simple online BT is perhaps not someone I'd want to be selling sophisticated Digital Photographic equipment to

Bit hard if you don't bank online or telephone and a considerable amount of people still avoid it for security purposes including the head of Barclays Fraud department
A generalisation too far methinks

 

[camerassassin]

You do have a point there - but the cheque IIRC was sent by Second Class post !!

Now if you are really anxious for something - then you use First Class

 

[Arkady]

Bit hard if you don't bank online or telephone and a considerable amount of people still avoid it for security purposes including the head of Barclays Fraud department
A generalisation too far methinks

Maybe I wasn't clear enough, though my post should be taken in the context of previous posts - anyone who expects to be sent goods before the cheque had cleared would have raised my suspicions...

I would hazard that most people who use DSLR cameras (and would therefore use a PC or Mac) bank online these days...it's not that much of a stretch...

 

[trencheel303]

I would hazard that most people who use DSLR cameras (and would therefore use a PC or Mac) bank online these days...it's not that much of a stretch...

And it's also a lot more secure than some people would like to believe. I don't know about others' banks, but whenever I log into online banking, I have to provide a customer number, 1 of 3 secret questions, and then 3 randomly selected characters from my password - and then again whenever I send money to another account. This particular implementation makes it keylogger proof as well. I feel safer banking online than pulling cash from an ATM!

 

[Lasagne]

Send him a full refund, with a little extra to cover his inconvenience.

 

[mrtoad]

things go wrong...caveat emptor
as i see the buyer probable may not be to cool and has broken it by misuse