Am I in the wrong?

Conrad11

Conrad11

Conrad11

Soldato
Joined
12 Jun 2005
Posts
5,361
Hi there,

Just want to know if i am in the wrong.

I have sold a Hard Drive which i personally formatted before I sent and it formatted fine. I sent the drive well packed in my opinion (plenty of bubble wrap and polystyrene ball thingys in a box.

The guy received the drive and said that he was happy, I received positive feedback.

He has now come back and said that the drive was not working. I have insisted that the drive was fully working when i sent it and i pretty sure it wouldn't have been damaged in transit.

The drive is still in warranty so I said that he should RMA the drive. I even offered to cover the cost of postage (offering more than it cost me to send the drive IIRC).

He is now threatening, or implying, that he will go to small claims court if i dont give him a full refund.

Just want to know, am I in the wrong?

Thanks.
 
He left positive feedback so that infers that the drive was working when he recieved it.

If it's broke afterwards for whatever reason, that's just unlucky. It's not your fault.

I would tell him to shove off personally.
 
Ummm, sounds fair to me tbh, end of the day through if he does want a refund and you rma it your self you sould get back a brand new sealed drive from whoever the manufacture is so you should be able to get a good price on it, I definitly would'nt say that your obligated to do that though.
 
let it go through the small claims court


you will probably win since he said it was fine and theres records of that

clearly shows hes broke it himself or has been unlucky
 
Tell him thats the risk of buying things second hand. If it was working when it got to him, and he admitted that, then the deal is done and its up to him to send it back to the manufacturer if he wants to
 
burnsy2023 said:
You're not obligated to give him a refund.

Burnsy
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+1

Chances are, he has broken the hard drive and is now wanting a refund.

Don't give in.

People like this try this kind of stuff on all the time.
 
©®° said:
People like this try this kind of stuff on all the time.
Click to expand...
Indeed, somebody should "give in" and send them a new harddrive which is full of kiddy porn. Then phone the police with a tip off.
 
manveruppd said:
Can't you send him the receipt and let him RMA it himself? Or has he already refused?
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He is insisting on a refund.

I think the guy does know what he is doing as he managed to isolate the particular sectors that are bad/broken.

Thanks for the replies so far guys.
 
Conrad11 said:
I think the guy does know what he is doing as he managed to isolate the particular sectors that are bad/broken.
Click to expand...

How do you know he's not just making it up?
 
WHAT? If you buy a car for cash (implying after inspection, you're happy with it) and 100 miles later it breaks down, you can't take it back and complain!

The guy hasn't got a leg to stand on and certainly couldn't do any damage in a small claims court.
 
A.N.Other said:
WHAT? If you buy a car for cash (implying after inspection, you're happy with it) and 100 miles later it breaks down, you can't take it back and complain!

The guy hasn't got a leg to stand on and certainly couldn't do any damage in a small claims court.
Click to expand...

Might be exaggerating a little, but i get the point.


================================================


Emails from the guy:

3rd April said:
Hi mate, installed working etc

Thanks for that, i'll update your feedback now.
Click to expand...

11th April said:
Hi mate.

I'm having problems with the drive.
last night i'd thought i would install it. It was for a linux machine and
Linux didnt want to know. So i tried to format it in a Windows machine
and it keeps getting stuck during the formatting process.
I think the drive is damaged somewhere. I can create some partitions but
around
the middle it wont have it.
Any ideas?
Click to expand...

So about a week between them.
 
Conrad11 said:
So about a week between them.
Click to expand...

He doesn't have a leg to stand on. The deal was done and dusted for a week until something happened. Whether the drive developed problems from sheer bad luck, or whether he spilt coffee over it, it doesn't matter. The deal was done.

He has no grounds to get money back off you, and he has no case in a small claims court whatseoever.

If it was me I'd simply tell him that he can either RMA the drive, get it looked at by an IT professional, or chuck it in the bin and count it as bad luck.

Either way you sold him a drive which he accepted as working on delivery. End of story. Anything that happens to the drive after is unlucky and falls under the risk of buying second hand goods.
 
Last edited:
Well i sent him a reply, see what he says.




Here are the last two emails:

me said:
Hi there,

Well it deffinately got through the format fine and I do thing i packed it OK.

What happend with my hard drive was that I realised it needed RMA after a couple of days and when i asked the guy said that it was up to me to RMA, so thats what I am going on.

Even though the guy in my case didn't, I will contribute £3.50 to the postage of the drive to Samsung if you wish (should be more than enough).

Thanks.

Kindest regards,
My Name
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him in response said:
Sorry, totally not acceptable.

Full refund only as it is faulty on arrival or
I would have no problem using RMA if you reimbursed my total costs and
inconvenience.

As i work next to the Law courts i am willing to pop in and get a "small
claims form"
and sort it that way if you insist.
Click to expand...
 
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