Private sale gone so wrong :(

[Sapphire]

Re: Private sale gone so wrong

Thats the crux of it, the buyer was informed that the goods needed to be removed by a certain date and didn't bother her butt to collect nor reply to texts.

[Guest]

Re: Private sale gone so wrong

I've intentionally stayed out of this as I firmly believe if the woman wants her money back she should go through the small claims procedure.

The thing is, she was in no doubt what the contract was - price paid, pick up date. Nice and straightforward.

I have no doubt had the issue been one like the one you cited regarding yourself earlier, the OP would not have hesitated to refund the money, even if the suite had gone.

This is not the case though. The buyer knew the deal. The seller knew the deal. The seller lived up to his side. The buyer did not live up to her side. Tough! She can moan and text all she likes, but if she wants her money back she should go to court, that MIGHT achieve something - I doubt it. Meanwhile the OP should have a clear conscience and get on with life.

Oh dont stay out of it you know how i miss you.

Not as simple as that i am affraid, firstly you cannot go on what the OP says and i really say this with the greatest of respect. As far as the court is concerned it will look at the evedence, that is that the buyere parted with his money in good faith on an item they had not seen, when he was , what less than a week late in collecting it, it was shown not to exist. At his poijnt the only looser here is the buyer.

Peter

[Gorang]

Re: Private sale gone so wrong

you are asking the court to believe that the property has somehow gone from an item woth £150 to one of no value that had to be thrown away.

Thats the thing tho peter

IT DID go from worth £150 to one of NO value, that is a fact, as the seller had to give it away, as it was NOT in a resellable condition anymore, because the seller waited and waited for the buyer to even just offer an explaination of why it had not been picked up (an explaination of which STILL has NOT been offered, ONLY the demand for a refund) nevermind actually picking it up

Also the seller could of easily gone into a negitive value, ie clean up costs to get rid of it, and poss fines from the council for leaving it on the street

ALL BEACUSE

the BUYER would NOT make contact dispite several attemps by the seller


IMO The seller could in fact give the buyer a bill for clean up costs (if there had been clean up costs to get rid of it) because the buyer did NOT pick up their goods

[Sapphire]

Re: Private sale gone so wrong

Yes agreed the buyer is the loser, but if the buyer had picked up the goods on the agreed date or even answered the texts to make arrangements for the goods, then the buyer would not have lost out.
Basically its the buyers own fault for not doing what was needed to be done.

[Guest]

Re: Private sale gone so wrong

Thats the crux of it, the buyer was informed that the goods needed to be removed by a certain date and didn't bother her butt to collect nor reply to texts.

Hi
You see there you have me again Saph i have just looked at the first post again and i cant see where the OP said that the goods must be collected by a certain date otherwise the sale would be void and she would be entitled to keep the money perhaps you could point it out to me.
Peter

[Sapphire]

Re: Private sale gone so wrong

I am not sure where to post this so please move if its in wrong section.

I advertised my old suite on Gumtree 6 weeks ago. Female who lives 60 miles away viewed and gave me full asking price there and then of £150 - I had only wanted a deposit to secure but she was happy paying that. I gave her a receipt and pick up date of Saturday 26th November at 9am. Last week I text reminders and no reply so I called her using a different number and she answered but sounded vague and got off phone quickly - this left me with bad feeling!

Saturday 9am arrived and she never showed up. My new suite arrived and we had to put old one out the front as my living room tiny & couldnt room TWO SUITES! The west of Scotland had awful gales & bad rain so I covered it as best I could. I was CONSTANTLY calling her and texting but nothing!!!!!! Then I had neighbours complaining as we only have a tiny front garden - no fence and it was partly on our footpath causing an obstruction then we were getting strangers knocking the door asking if they could take it WE SAID NOOOOOOOO!!!

Come the next day still no contact and by then my neighbour came to my door and said that it was a fire hazard and we had to do something about it plus the stream of strangers coming continued I text buyer AGAIN saying please contact me or else I need to get rid of this - they never contacted me - I placed another ad in gumtree on freebies section and someone arranged to come take it Sunday evening. I text her again telling her this saying to please respond. She never so suite went. I then text her to say its gone and INSTANTLY she text saying to refund her................

There was no way I could have resold that suite as it was soaked through and been outside for 2 days in gale force winds and terrible rain. I think she had simply changed her mind and just wanted her money back - what do I do - do I need to refund her despite all of the above She is HOUNDING ME with non stop texts - am so sick with worry here - am a single mum and to refund the £150 just like that is impossible as I dont have it

There you go hun, highlighted in Blue.

[charitynjw]

Re: Private sale gone so wrong

Post #1

Saturday 26th November - 9am

Edit
Snap, Sapphy!

[Guest]

Re: Private sale gone so wrong

Yes agreed the buyer is the loser, but if the buyer had picked up the goods on the agreed date or even answered the texts to make arrangements for the goods, then the buyer would not have lost out.
Basically its the buyers own fault for not doing what was needed to be done.

Yes i know, and if the buyer had been the one to write into this forum saying they had bought something on the net and because, due to some unforseen circumstance they were prevented from collecting the goods on schedule and that the the seller had seemingly disposed of them and would not refund the money you would be on their side.

Peter

[Sapphire]

Re: Private sale gone so wrong

No hun you're wrong there, the clue is in the original post the seller tried to contact the buyer time and time again by phoning and texting, the buyer showed the height of rudeness by not responding or replying, imo no matter what it takes seconds to do a reply and it could have been sorted out easily.

[Guest]

Re: Private sale gone so wrong

Post #1

Saturday 26th November - 9am

Edit
Snap, Sapphy!

So does this mean that the seller could keep the dosh if the buyer arived at 9.30,
And where does it say that the sanction wold be to forfiet the money and the goods a bit severe dont you think.

Peter

[charitynjw]

Re: Private sale gone so wrong

Re post #38

That, Peter, is a damn good point.

No disrespect to the original poster, & certainly not doubting their honesty/integrity, we usually only are privy to one side of the story.

[Guest]

Re: Private sale gone so wrong

No hun you're wrong there, the clue is in the original post the seller tried to contact the buyer time and time again by phoning and texting, the buyer showed the height of rudeness by not responding or replying, imo no matter what it takes seconds to do a reply and it could have been sorted out easily.

Sorry darling but you are wrong the sellar showed the height of rudenes by either distroying the buyers goods or accepting payment and not supplying the goods.

Peter

[Sapphire]

Re: Private sale gone so wrong

But how was the seller to know that the buyer still wanted them if the buyer wasn't responding ?

[Guest]

Re: Private sale gone so wrong

Re post #38

That, Peter, is a damn good point.

No disrespect to the original poster, & certainly not doubting their honesty/integrity, we usually only are privy to one side of the story.

Yes and the bare facts are that money was paid and goods were not exchanged.

The equitable remedy for this is rescission this means that the money should be returned.
Peter

[Guest]

Re: Private sale gone so wrong

But how was the seller to know that the buyer still wanted them if the buyer wasn't responding ?

I dare say the court would take into account what would be a reaonable time to hold onto the goods, i think a week would be considered reaonable. Especially given that the buyer had paid in full for the item and no mention of any penalty for late collection was mentioned when the purchase was made.

Peter