Sold a phone but buyer wants refund, where do I stand?

PiKe · 11 Mar 2009 at 14:16

jesta said:
And as you can see from the post date that was before December, where I told you, I got the iPhone replaced as it was faulty. I have the receipt to prove that it has been replaced. So the phone I sent you was fine.

To clarify, there was no way the phone was faulty before sending it.

Send him the receipt then he can go and get it replaced at an apple store then.

Better yet, scan it and post it here.

Neodite · 11 Mar 2009 at 14:16

edited........

Gilford, you should just put it down to a bad mistake on your part and deal with it im afraid, as you did pay after you had the phone.

Burned_Alive · 11 Mar 2009 at 14:17

Moderators at Avforums have already made a decision on it in favour of jesta, so that should be the end of it. Why would anyone send a faulty phone before receiving payment? That would be pretty daft on their part. jesta sent it without receiving payment, based on gilfords good feedback and payment was then made and positive feedback left, indicating acceptance of the item.

gt_junkie · 11 Mar 2009 at 14:18

csmager said:
As Jesta was using the phone up until he sold it, and then sent it having received no payment, it would make no sense for him to send a faulty phone that he knew would have been spotted in a quick 2 minute test of it. It evidently wasn't tested properly.

As far as I can see, nothing Jesta's done has been dishonest.

This would be my point of view too i'm afraid.

It was received, checked and then feedback and payment sent. At that point it became gilfords property and is not Jestas problem any longer IMO.

gt

NiCkNaMe · 11 Mar 2009 at 14:19

I agree, don't see how Jesta could be in the wrong here.

Gilford, providing there is a problem and you aren't just lying then that's the risk you take purchasing from anywhere other than a shop TBH.

Case closed.

Yas786 · 11 Mar 2009 at 14:20

delete

gilford · 11 Mar 2009 at 14:20

The phone could have been sent out knowing full well there was in "intermittent" fault? jesta asked specifically for "gift payment" via Paypal and then I see this thread before he sent the phone out -

http://forums.overclockers.co.uk/showthread.php?t=17983150

So, knowing a gift payment has no comebacks and a phone with an instant fault...........?

Something is fishy here, and a visit to Citizens Advice has proved my colleague has a case, which he is willing to pursue should jesta not help out to resolve the situation.

I'm sure he wont be hard to find.....

PiKe · 11 Mar 2009 at 14:21

gilford said:
The phone could have been sent out knowing full well there was in "intermittent" fault? jesta asked specifically for "gift payment" via Paypal and then I see this thread before he sent the phone out -

http://forums.overclockers.co.uk/showthread.php?t=17983150

So, knowing a gift payment has no comebacks and a phone with an instant fault...........?

Something is fishy here, and a visit to Citizens Advice has proved my colleague has a case, which he is willing to pursue should jesta not help out to resolve the situation.

I'm sure he wont be hard to find.....

His thread was asking about fees, as stated he'd be pretty stupid to send a faulty phone without payment first.

csmager · 11 Mar 2009 at 14:22

He was asking if Paypal charged fees on gift payments, as (like everyone else) he wouldn't have wanted to pay fees. I don't think Paypal do chargebacks on transactions outside of ebay anyway, so it wouldn't have helped you.

I think you're looking for a story where there just isn't one.

Burnsy2023 · 11 Mar 2009 at 14:24

PiKe said:
Send him the receipt then he can go and get it replaced at an apple store then.

Better yet, scan it and post it here.

Indeed.

PiKe · 11 Mar 2009 at 14:24

Easy Resolution

jester: give him the receipt from dec

gilford: go to an apple store and get it exchanged.

gilford you'll end up better off cos you'll have a brand new replacement.

MooMoo444 · 11 Mar 2009 at 14:25

I'm gonna assume Paypals 'cut' is there for a reason. If you snip them out of the deal, then I'm sorry but you can't run to them for help if a deal goes **** up.

I'd say you're perfectly safe OP. I mean, hell, he even left you good feedback. It's his fault for not testing it fully beforehand, assuming it was working when you sold it. But this doesnt matter now.

Burned_Alive · 11 Mar 2009 at 14:25

PiKe said:
Easy Resolution

jester: give him the receipt from dec

gilford: go to an apple store and get it exchanged.

gilford you'll end up better off cos you'll have a brand new replacement.

He's already stated it's out of warranty.

csmager · 11 Mar 2009 at 14:26

PiKe said:
Easy Resolution

jester: give him the receipt from dec

gilford: go to an apple store and get it exchanged.

gilford you'll end up better off cos you'll have a brand new replacement.

Although the warranty has apparently expired, this is probably a good idea. If I got a replacement that failed after 3 months, I'd argue quite hard that it wasn't fit for purpose.

PiKe · 11 Mar 2009 at 14:26

Burned_Alive said:
He's already stated it's out of warranty.

Will the serial of new phone somehow be registered to jester? Otherwise won't it just look like a store bought phone with the receipt?

Burned_Alive · 11 Mar 2009 at 14:27

I imagine the receipt will detail that it's a replacement of some sort.

The IPB · 11 Mar 2009 at 14:31

gilford said:
I'm sure he wont be hard to find.....

Sounds something similair to a threat.

You messed up, you didn't test it, wrote good feedback. It's your problem.

Jesta sent it before payment was sent, 1. Why would he knowingly send a broken phone ? 2. If you had tested it and it was faulty im sure he would refund.

He wanted it as a gift so not to get hit with paypal fees, in his post he never says anything about asking for it as a gift so you cannot get a refund.

Once citizens advice hear the full story, you sir are up ***** creek without a paddle.

gt_junkie · 11 Mar 2009 at 14:34

Just get Jesta to send the receipt for the replacement IPhone - i'd imagine you'll get a brand new replecement as others have said.

It's not worked long so is definately not fit for purpose!

gt

gilford · 11 Mar 2009 at 14:35

I would happily send the phone back for jesta to sort out a fix, but he is acting like a spoilt teenager and is refusing to co operate with anything I say?!

To be honest I have got better things to do with my time than fight a battle that isn't mine, and have asked for contact details so my colleague can contact him direct to carry on the dispute, but he is refusing to do so.

Citizens Advice have contacted Paypal this morning and a letter has been written to get the details of jesta from them so a letter can be sent to him.

This really has been blown out of proportion, but then he did that not me, all I am doing is defending myself on a public forum.

csmager · 11 Mar 2009 at 14:40

gilford said:
I would happily send the phone back for jesta to sort out a fix, but he is acting like a spoilt teenager and is refusing to co operate with anything I say?!

This is because, as has been pointed out numerous times (and effectively by the moderator on AVForums), this is not his problem anymore. Once you paid the money, the contract was completed, the goods were accepted. End of.

I doubt Citizens Advice will be that interested.