spanka4perry
Community Member

on ‎19-06-2015 06:36 PM

Ok thanks everyone - this person has rang again and is now saying that she's called eBay today and eBay has advised her there is nothing she can do but bring it back to us on a trailer?! Is that honestly something eBay would say surely not!!! They said they've sent a picture through showing its the wrong model number (we never received it) and that they want half thier money back
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spanka4perry
Community Member

on ‎19-06-2015 06:39 PM

And if say we have sold them the wrong model - where do we stand - we bought our house with it already installed - we where given all the service manuals/guides for the oven, pool pumps, heater, split system etc. the manual for it has a picture on the front that is exactly the same as the heater we removed so we of course have assumed that it's correct... There is no model number on the compliance plate - what on the off chance we are wrong? We sold it in good faith that's what it is and it's reasonable to assume given the situation that you would think that!
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spanka4perry
Community Member

on ‎19-06-2015 06:56 PM

Great now husband has just spoke to them again and they said they'll pursue action elsewhere? What can they legally do against us? With something they have taken away, paid cash for (no receipt) and modified?!
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ggearstore
Community Member

on ‎19-06-2015 07:03 PM

It's a private sale, they accepted it as is. There is no warranty or returns. Keep a log of the calls, if they keep it up report it to the police.

spanka4perry
Community Member

on ‎19-06-2015 07:10 PM

Ok thanks but can't they take us to the small claims tribunal? I'm curious to see the proof that we sold them the wrong model... Wondering if I should email and ask for it. Say it is the wrong model do they have a case against us at VCAT?
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phorum_junkie*
Community Member
In response to spanka4perry

on ‎19-06-2015 07:51 PM

@spanka4perry wrote:
Ok thanks but can't they take us to the small claims tribunal? I'm curious to see the proof that we sold them the wrong model... Wondering if I should email and ask for it. Say it is the wrong model do they have a case against us at VCAT?

They can try taking it to a tribunal however even if it made it that far they would have no case and would probably have to pay your expenses as well as their own for wasting the tribunal's time.

 

Just do as you have been advised and ignore them, buying something pick up and paying cash is the same as buying from a garage sale, items are taken as is and payment signals acceptance of the item in whatever condition it is in.

____________________________________________________
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imastawka
Honored Contributor
In response to spanka4perry

on ‎19-06-2015 07:57 PM

For heaven's sake, stop answering their phone calls and messages.

 

You're just giving yourself grief!

 

Block their number and report any threatening messages to the police.

spanka4perry
Community Member

on ‎19-06-2015 08:07 PM

Thanks for the replies - I know happy to ignore but they keep upping the ante with taking us to VCAT and my husband is worried so just wanted to check. I would have thought they may have had a case if they hadn't had it for a month and modified it but they have. Will ignore them now and wait and see if we get a legal letter - surely there is a time frame on this! Like 28 days after pick up or something?
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lyndal1838
Honored Contributor
In response to spanka4perry

on ‎19-06-2015 08:12 PM

@spanka4perry wrote:
Ok thanks everyone - this person has rang again and is now saying that she's called eBay today and eBay has advised her there is nothing she can do but bring it back to us on a trailer?! Is that honestly something eBay would say surely not!!! They said they've sent a picture through showing its the wrong model number (we never received it) and that they want half thier money back

It is quite possible that someone from ebay might have said that but from years of experience we all know that the boardies know more than ebay anyway.

 

As for the model number....if the heater itself has no visible number but the instruction book has a picture of the same heater then most same people would accept that it is the instruction book for that item.

 

I know I have instruction booklets that cover several models of the same items...you just have to read the section for your model.

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springyzone
Community Member
In response to lyndal1838

‎19-06-2015 08:23 PM - edited ‎19-06-2015 08:23 PM

spanka-Don't answer their calls, so that if they have to contact you it will be via ebay messages. That way you will have a record of what is said.

 

So far you have told us they said they have modified it etc. It would be better to have that in writing. I wouldn't ask them for it, mind you, but just limit their chances to contact you except via message.

 

I don't think they have a leg to stand on, you presumably sold it as unused but did not say how old it was etc. They are just suffering buyer's remorse but they picked up and paid, so not your responsibility to refund anything.

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