buyer threatening with CTTT

[gt4junkie]

Hi all,

I sold a tablet afew weeks ago which im having problems with the buyer and are now threatening to go to the CTTT.

What happened was a mistake was made on the warranty remaining of the item id sold. Id been told I had 14 months remainig, turned out it was only 2. The buyer wasnt happy and wanted a refund. I agreed as they were trouble from the start, and i just wanted the experiance over. 

They then lodged a paypal dispute for "item not as described" and I advised the buyer id follow the paypal steps and provided a return address as shed asked and asked when she would send it back. 

I called paypal and gave them the situation and the paypal dispute was found in my favour that very same night, as a warranty is an accessorie and wasnt covered.

I emailed the buyer and advised them yo check the dispute first before sending the item. Thats where correspondence ended until today.

The buyer still sent the item back, which I received 2 days later, I emailed them asking why they sent it back, never heard back, so I contacted paypal, I was still in the right and sent the item back to the buyer.

2.5 weeks have passed and they have got back In contact wanting a refund as they claim they never recived it, and that I broke my agreement to refund them. They are claiming I still have the item and are threatening to take it to the CTTT (consumer trader tenancy tribunal.

As id never heard back from the buyer, id presumed everything was sorted dont have the receipt of sending the item back.

In this situation, whats my best course of action?

[beach_and_home]

Wow, what a mess!!  If I was you, I would just do nothing at the moment. Just leave it with them. It is still possible that the parcel will turn up back with them, if it hasn't already. I'm sure you don't need to have all of your mistakes pointed out to you, so I won't get into that. But don't ever let anyone threaten you with reporting you to Fair Trading etc. So what I say. If you've done nothing wrong then there is nothing to worry about, is there?

[extra-keen]

Just make sure they are on your blocked buyer/bidder list. Other than that I'd just ignore them. Don't stress over it!

[gt4junkie]

Thanks for the response. Admittedly I havnt sold much on ebay, and the whole transaction was a mess. This was the buyers first ebay purchase, and took about 10 back and forth emails just to receive payment. So it should have been a sign from the get go that it would be more head ache than its worth, afew mistakes were made on my behalf, shouldnt have agreed to refund the buyer before the dispute was closed.
But the dispute was definately closed in my favour and advised to the buyer before the item was sent back.

I definately havnt done any wrong according to paypal. Yet what im worried about is the fact they are going to fair trading, and I dont have evidence that I reposted it. Im alil worried in the fact that they waited 2.5 weeks before contacting me as I havnt held onto the reciept for that long. Does the buyer have a right to go to fair trading? And without the receipt as proof, can they force a refund? I dont want to end up out of pocket the item i sold, and the $

Helps appreciated.

[beach_and_home]

Unless you have a registered business ABN I doubt that Fair Trading or any other Govt. body will do anything. I'm pretty sure those bodies are only set up to protect consumers from shonky Businesses. If you do not have a business then this was simply a transaction between two private people and no-one else can get involved. (except for ebay and paypal of course, but they've already finalised their judgement). So your buyer is just trying it on. Don't let them intimidate you. You haven't said there was anything wrong with the tablet, just that the warranty wasn't as long as you thought. So if there was nothing wrong with it, then your buyer was an idiot. Sounds like they had a bit of buyer's remorse.

I do not believe that they didn't get it back in the mail. I believe they realised that they couldn't afford it.

[bluelillypilly]

I am also a private buyer and seller and do not sell nearly enough to come into a tax report, but I do keep all receipts and a copy of the invoice sent for a couple of years !! Shutting the stable door this time but suggest you buy a filing cabinet and do the same . A paper copy is somehow more reassuring than keeping it on my computer - which may break down or go missing ! You just never know when you may need that piece of evidence. I have had abusive emails 3 MONTHS after the item was sold ( telling me they never bid,paid etc !!)Never be amazed at what some buyers will do but te majority are lovely and have even got internet friends from Ebay. My items are not expensive but the tracking the Post office give on all parcels now is well worth the postage going up a bit in July. 

[gt4junkie]

Thanks alot for your responses. Really appreciated. The only issue was the warranty, the tablet was in perfect condition and they got what cost me $850 ten months ago for $500. As long as fair trading cant make me refund $500 to the buyer when I dont have the item in my possession, I can sleep easier

[phorum_junkie*]

If I had stated in the listing there was a longer warranty then there actually was then I would not have fought the Paypal dispute, I would have told them I would refund on return which is what you originally told the buyer you would do. Of course once you said that the buyer would go through Paypal so they would be sure they had the correct address for the return.

I hope the buyer did not fund their purchase with a credit card, if they did then they may do a chargeback and if they used trackable post to return the item to you then you may very well lose which will cost you the $500 plus another fifteen

[thecatspjs]

Unless the transaction was unauthorised, individuals can only request that a bank initiate a chargeback via a credit card for an authorised transaction in very limited circumstances for limited types of goods, within very limited timeframes.

[phorum_junkie*]

Unless the transaction was unauthorised, individuals can only request that a bank initiate a chargeback via a credit card for anauthorised transaction in very limited circumstances for limited types of goods, within very limited timeframes.

That is true in the case of a purchase from a shop however many banks have a far more liberal policy when it comes to items bought on line or over the phone and will indeed do a chargeback if a buyer has nit received goods or has received defective goods. The time scales are different for each bank but some will allow a chargeback up to 12 months or more after payment.

The biggest problem is that some card providers, usually credit unions and on line only accounts specifically exclude 3rd party payments so unless you used a card direct, not through Paypal, you will be unable to do any type of chargeback unless you can convince them the transaction was unauthorised.