Chicken bald back

[Cinnamon]

I recently sold my bread maker via a Facebook page, & I tested it before it went - it was in perfect working order.

Now, 2 weeks later, the lady who bought it is saying that it doesn't work, that it was sold in a non working state & she wants a refund. She says she has tried it 3 times. I am wondering why she didn't contact me right away if it didn't work (I would have!)?

I have said she can have a refund, but thinking about it, what if she dropped it or something?

I have no idea how she has treated it once it left here

Or what if she has just changed her mind & is trying to pull a fast one to get her money back?

She was VERY quick when she collected it - practically threw the money at me & ran!

 

So are there laws or guidelines concerning the sale of goods, to protect the seller or buyer?

[soapdragon]

I would tell her that it was in good working order when it left you and that you would have been happy to display this but she clearly wanted to be off and away. Its surely a case of Caveat Emptor (buyer beware) and she should have checked it before she parted with her money/left your house!

 

You could also say that it left you in good, working condition and you cannot be held responsible for what happened to it thereafter! It may be worth pointing out that two weeks is a 'long' time to take to come back to you; surely if you buy something like this then you test it as soon as you get home?

 

As to 'laws' I don't know details but would suggest the buyer makes sure its working before parting with money at pick up?

[WitchHazel]

It's a difficult one Sarah. When she says its "not working", does she mean it physically isn't turning on or does she mean she's having trouble making a decent loaf. There has been a lot of problems with bread flour in the past year, Hovis and Allinsons have been having all sorts of issues. The grain harvest was poor due to bad weather, and a lot of the flour doesn't have the right gluten content. Maybe that's the issue?

 

Regarding rights, I've had a quick google and can see that

SECOND HAND GOODS

You have the same rights under the Sale of Goods Act 1979 when you buy second-hand goods as you do when you buy new. However, your expectations relating to satisfactory quality ought to be realistic when buying second-hand goods.

I haven't found anythig about how to resolve a it was working/it wasn't working problem.

 

I sold my Kindle on Ebay. It was in excellent condition, I was only selling because I bought a Paperwhite version.

 

The buyer came back to me complaining about the battery life. Now, I know that the battery life on it was fantastic, weeks if I didn't have wifi and 3G switched on. I asked him about Wifi/3G, and whether they were doing a lot of downloading/reading. He said they'd tried switching the wifi off but it wasn't any good.

 

I suspect what happened was that he bought it for his wife, and she really wanted a newer Paperwhite one. I also suspect that they were using it heavily (as is often the case with new toys).

 

However, I decided it just wasn't worth the hassle and I gave him his money back.

 

When the kindle arrived home I tested it, and the battery was fine.

 

I just couldn't be bothered to try selling it again, so it's been boxed up in the spare room.

 

I'm not necessarily suggesting that you just give the woman her money back, but you may find you end up with all sorts of carp otherwise. Facebook can be particularly nasty. Sometimes being right just isn't worth the hassle.

[Willow]

She would have to try and take you to the small claims court and the fees involved for her wouldn't make it worthwhile (and the 2 week delay before reporting a problem would go against her). It may be worth asking what doesn't work in case it's a obvious error on her part but beyond that I wouldn't worry.

[Cinnamon]

She says that the paddle doesn't move & didn't the first 2 times she used it. The third time nothing worked at all.

WHY didn't she get back to me right away?

Also she didn't want the instruction book it came with, which struck me as odd.

 

I am going to give it the weekend then message her next week quoting Soapdragon, & see what she says.

 

It is slightly disconcerting that she knows where I live & where I work

[WitchHazel]

Also she didn't want the instruction book it came with, which struck me as odd.

 

That IS odd.

 

The only theory I can come up with - and I'm probably way off here - is that she already had the same model, which was broken. She bought yours, and is now trying to palm her broken machine off as yours.

 

Did you keep the paperwork that came with the machine? Does it have a serial number?

 

Actually, I can come up with another theory, which is that she is an experienced breadmaker and uses another book altogether. But I'd still want the instructions, if for nothing else than to confirm which order the machine likes things added.

 

Or maybe she had already downloaded a PDF of the manual.

 

OK, so that's three possibilites. Sorry. (What have the Romans ever done for us).

[Cinnamon]

Also she didn't want the instruction book it came with, which struck me as odd.

 

 

 

Did you keep the paperwork that came with the machine? Does it have a serial number?

 

 

 

She said she didn't need the manual as she knew how to work the machine

I had in fact printed it off for her on my printer from the internet, as I couldn't find the proper one. Was a bit miffed when she said she didn't need it because it used up the last of my ink too

 

I DID have a photo of the serial number but...aarrgghh.....it was on my phone which went kaput last week!

[CatieB]

I don't think you should give her a refund in the circumstances you describe, nor do I think she is entitled to one. As someone said legally she would have to use the small claims court which would mean the expense doesn't make it worth her while, even if she had a good claim which she hasn't. If the paddle didn't work why would you try again? You would contact the seller immediately. Bunkham!!! If the paddle doesn't go round you don't get bread as the ingredients don't mix.

 

However the legal and moral answer is probably different to the reality - do you want to risk the hassle from her if she doesn't accept no? I think that should guide your response. In your situation I would feel rightly aggrieved. I don't believe her but probably wouldn't have the guts to say no.

 

If you do want to refuse the refund I would write in the following terms:-

 

I am sorry to hear that the machine is no longer working. I appreciate that I said you could have a refund and I would have done this if you had contacted me immediately. However I know the machine was in perfect working order when you collected it as I had checked it. You did not take the operating manual and there was a delay in you contacting me. I therefore cannot be responsible for what happened to the machine in the intervening period.

 

Good luck let us know what you decide.

[Egluntyne]

Did you register it online when you bought it Cinnamon? Maybe the manufacturer will have a record of the serial number.

[soapdragon]

Just wondering if this had all resolved, Cinnamon?

 

I sold a hamster cage today and the buyer just grabbed it, thrust a tenner at me and dashed off . I was trying to point out to her the bit of wear (as described in ad) but she just said 'yeah, yeah. OK' as she tore off down the drive Some people ARE odd!

[Cinnamon]

Yes, it was all resolved in the end.

 

She (the buyer) went onto the Facebook page saying that she had bought something that didn't work & would other users of the page like her to name & shame?

 

So I posted right away that there was no need to threaten to name & shame me, I was quite willing to put my hands up to having sold her the item, quite happy for all the users to know that it was me, & stated the facts that she had not wanted a demo, not wanted the instructions, not got back to me for nearly 2 weeks & had threatened to write something on the page if I did not refund her.

 

Well, I was totally swamped with private messages of support from other users of the page & lots of people also replied to the thread saying that I was an honest seller & that it was the buyers problem, not mine.

 

I then contacted admin of the page who deleted the thread & removed the buyer from the group

[WitchHazel]

Woo hoo! Well done Sarah!

[soapdragon]

[Charlottechicken]

Yay, result!

[The Dogmother]

That's a bit of a result!

[Willow]

Well done Sarah