Looking for advice about a buyer on Gumtree demanding a refund

wizardofid

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Jul 25, 2007
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7,117
Tell me about it :/

We have told you want to do....if you can't follow through with it, pay the school fees.To be honest and saying it with at most sincerity, grow a pair.....if you don't like the advise, then school fees bru.....the end.
 

The_Mowgs

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Nov 23, 2009
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14,137
Whatever you do, please listen to previous advice and meet at a police station.
 

inthemiddle

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Apr 28, 2017
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We have told you want to do....if you can't follow through with it, pay the school fees.To be honest and saying it with at most sincerity, grow a pair.....if you don't like the advise, then school fees bru.....the end.

Uncalled for. Also not a male. It's hardly my decision when my mom would be the one summoned to appear in court. The question about the consumer protection act has been answered but not whether or not one could be taken to court when all they have is a phone number.
 

inthemiddle

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Apr 28, 2017
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Latest is the meeting was planned for tomorrow. Buyer asked us to bring the cash because they don't want the other one, my mom answered with "ok". I think I've managed to convince them to cancel the meeting which they should be doing in the morning, and then we will try get hold of a lawyer to find out for sure where we stand.
 

Thor

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Latest is the meeting was planned for tomorrow. Buyer asked us to bring the cash because they don't want the other one, my mom answered with "ok". I think I've managed to convince them to cancel the meeting which they should be doing in the morning, and then we will try get hold of a lawyer to find out for sure where we stand.
Dude your are falling for it.

No laywer required, no cpa. Nothing. Fck them. Move on.
 

wizardofid

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Uncalled for. Also not a male. It's hardly my decision when my mom would be the one summoned to appear in court. The question about the consumer protection act has been answered but not whether or not one could be taken to court when all they have is a phone number.

Grow a pair is slang for standing up for your rights, so it's neither sexist, racial, a male thing, or any thing uncalled for, would you prefer I call it some thing else less provocative and still means exactly the same thing, you keep on looking for alternatives to your problem and your are being like a new puppy that needs to be taught there is the newspaper and sticking it's nose in it.

Secondly they need more then just a phone number to proceed with a court case, if they have your address that would be a start, but without having actual details as to what is going a long shot, nor can the legally "acquire information from the cell number", it's physically impossible for average joe in any case.

So no unless they have more then your phone some thing like your address, screw them, don't be bullied, the worse case is a court case which is very informal I have been to a small claims court before when some one's dogs attacked my dogs that were on a leash with their gate open, It's hardly scary, your mom has nothing to fear, have you seen Judge judy on TV, it's basically like that, without the beatch of a judge and the massive drama lama's.

It's doesn't matter if the item breaks 1 hour later or 5 weeks later it's no longer your problem, they can try and ask for their money back, but you have no obligation to comply.

Once you setup that meeting and agree to do some thing, whether verbally or written you have an legal obligation to comply with,Avoid the meeting at all costs, or go to the meeting prepared and at a local police station, and don't agree to any thing.

The problem going to a meeting is tempers flare things get said, blah blah, and may lead to physical violence or intimidation, it's a BAD BAD BAD BAD BAD Fing idea period.Phone them state that you will no attend the meeting the deal was concluded, and can not take any responsibility once it had left your hand, if they give issues, hang up the phone and block the number, or simply do not answer the phone if the number isn't known to you, if it some one important they surely have means to contact you on another number or means.

So if you do go, don't agree to anything, DO NOT, sign anything, be careful of what you say that may lead to taking responsibility.
 

inthemiddle

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Apr 28, 2017
Messages
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Once you setup that meeting and agree to do some thing, whether verbally or written you have an legal obligation to comply with,Avoid the meeting at all costs, or go to the meeting prepared and at a local police station, and don't agree to any thing.

.


I believe the whatsapp conversation went something like this:
My mom: (explaining she didn't answer today because of her boyfriend being sick), we can meet at [same place as before] tomorrow, what time?
Buyer: 8am
My mom: can we make it 9
Buyer: ok
Buyer: can you please bring the cash because we don't want the other one
My mom: ok


Is this the sort of thing that could be considered binding...? In that case is it best to send them a message in the morning saying "sorry but I can't help you [reasons why it's not our problem] or to say we can't meet them today any more?
 

Thor

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Jun 5, 2014
Messages
40,651
I believe the whatsapp conversation went something like this:
My mom: (explaining she didn't answer today because of her boyfriend being sick), we can meet at [same place as before] tomorrow, what time?
Buyer: 8am
My mom: can we make it 9
Buyer: ok
Buyer: can you please bring the cash because we don't want the other one
My mom: ok


Is this the sort of thing that could be considered binding...? In that case is it best to send them a message in the morning saying "sorry but I can't help you [reasons why it's not our problem] or to say we can't meet them today any more?
Ignore.

Block the number.

Continue with your life.
 

wizardofid

Executive Member
Joined
Jul 25, 2007
Messages
7,117
I believe the whatsapp conversation went something like this:
My mom: (explaining she didn't answer today because of her boyfriend being sick), we can meet at [same place as before] tomorrow, what time?
Buyer: 8am
My mom: can we make it 9
Buyer: ok
Buyer: can you please bring the cash because we don't want the other one
My mom: ok


Is this the sort of thing that could be considered binding...? In that case is it best to send them a message in the morning saying "sorry but I can't help you [reasons why it's not our problem] or to say we can't meet them today any more?

No you simply say, and be stern, payment was made, transaction was concluded and you accepted the item, you are no longer responsible for the item or support.You consider the matter concluded, any further contact will be deemed as harassment, should you wish to take this matter further, you are more then welcome to do that.Kindly note item was advertised as is without warranty and as such the ad will be printed out and be presented as evidence.Also note that the machine was handed over sealed in it's original packaging.Additional note the consumer protection act does not apply to private sale.

Additionally you can not be held liable for incorrect operation of the item, nor having purchased the incorrect coffee for the machine, you can however take it (google a service center for the machine) here at your own expense and have it serviced should there be a fault with the machine.Do a little effort on your part to assist them as far as you can or willing.
 

airborne

Honorary Master
Joined
Jul 13, 2007
Messages
10,804
I'm trying to convince them not to go. At the moment my mom is planning on telling them in the morning that she can't make it. Can't seem to convince her to let the whole thing go though. I'm thinking we should try phoning a lawyer for advice. She does not want to go to court under any circumstances and that's why she would rather just refund them. Is there any chance of them actually filing a case and identifying her using her phone number?
Are you nuts, you sold it new sealed in a box on gumtree, the buyers sound either thick as 2 bricks or they have buyer's remorse. They must keep it!

And your Mom can chill, it's a thousand rand and they bought it on gumtree, cops ain't got no time for that bs, trust me I know, I was sold a blocked cell phone(due to the sellers unpaid contract), cops laughed at my situation, nothing they can or will do.

Either way buying on gumtree is like lucky dip, you inspect the item when meeting up to minimise the risks, also appraise the seller to see he doesn't look dodgy but at the end of the day you as a buyer you are still taking a chance, you may lose out, that's just the way it is. If you want warranty or returns you pay full price and buy the item at a shop.

And considering they bought it new sealed, ie no ways you could have knowingly sold a dodgy item, they don't have a leg to stand on.

Leave it, they will nag for a day or 2 or 3 and then give up/realise the reality of the situation.
 
Last edited:

breadbox

Active Member
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Apr 7, 2008
Messages
96
What ever happens... take up the habit of testing products in front of the buyer after they agree to buying it. You get people who are rather unpleasant to deal with. Good luck.
 

Eric

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Joined
Jul 18, 2008
Messages
47,935
My mom met them in person, gave them the machine and got the cash. They don't know where we live. My mom was in my car, I don't know if they took the registration. They have my mom's phone number. She's willing to change her number despite all the inconvenience involved, but if she can be tracked through her phone number then it's a problem.

The cop told us it doesn't matter if it was sold "voetstoots" because of the consumer protection act, they can still go to small claims. At the moment everyone here is freaking out and plans to meet with them tomorrow because they'd rather just make the whole thing go away. These people seem a bit crazy though so we really don't know what they could do - if they can do something with the phone number or if they see us in public.

No need to change the number, just block them on WA and the phone itself and keep blocking if they try calling on other numbers.
 

bwana

MyBroadband
Super Moderator
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Feb 23, 2005
Messages
77,682
This morning my mom was looking after her sick boyfriend and missed 3 calls from them along with a message saying they want to know what's happening and if they must take it further. I consider that a threat. Everyone we've asked said we must just ignore it but we asked at the police station and were told that we can be taken to small claims court because apparently "as is" holds no real meaning.

Afaik you have to indicate it's voetstoots prior the sale, you can't just claim it was afterwards. Did you?
 

Eric

Honorary Master
Joined
Jul 18, 2008
Messages
47,935
My advice would be give them the cash back, on condition it hasn't been opened (the machine itself). Check it when you do the swap.
 

ToxicBunny

Oi! Leave me out of this...
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Apr 8, 2006
Messages
91,581
Afaik you have to indicate it's voetstoots prior the sale, you can't just claim it was afterwards. Did you?

They sold it as unopened...

So that is a good as voetstoets really.
 
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