missold item
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sdyson31

Original Poster:

156 posts

154 months

Thursday 6th March 2014
quotequote all
I recently bought pc from gumtree and bought it without seeing it as it was located far from where i live. I made the payment through bank transfer but when i got the item the monitor model was wrong and i specially bought that pc because of good monitor.

He doesn't want to refund me the payment, i have asked him that he should at least refund me £30 because of receiving a different model monitor but he doesn't wana do it.

Where do i stand, can i take any legal action against him? I have got all his details plus message history in my phone where he has mentioned about model number.

I just trusted this guy and now i am regretting.


kiethton

14,645 posts

209 months

Thursday 6th March 2014
quotequote all
For the sake of £30 just write it off IMO - the costs of small claims just won't be worth it

Also as you paid via bank transfer before receipt of goods be grateful you weren't scammed - gumtree is a scammers paradise!

selym

9,581 posts

200 months

Thursday 6th March 2014
quotequote all
Agree with the above- small price to pay to learn about how people are.

Monty Python

4,813 posts

226 months

Thursday 6th March 2014
quotequote all
Not a lot you can do - buying sight unseen is a veritable minefield. Unless there is something significantly different between the monitor you received and the one in the description you're not going to get anywhere.

sdyson31

Original Poster:

156 posts

154 months

Thursday 6th March 2014
quotequote all
I don't care about £30, i just want to teach him a lesson so he wont do it with other people in the future.

andy-xr

13,204 posts

233 months

Thursday 6th March 2014
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sdyson31 said:
I don't care about £30, i just want to teach him a lesson so he wont do it with other people in the future.
You wont, and he probably wont pay it anyway. Some people are just like that

If the monitor is significantly different then you've definitely got grounds to do something, if it's a minor update to it then I think it's just one to live with. I understand a bit about monitors, screen differences in colour reproduction etc, if it's a complete stter you've been given then take it further with him

Wheat

505 posts

159 months

Thursday 6th March 2014
quotequote all
sdyson31 said:
I don't care about £30, i just want to teach him a lesson so he wont do it with other people in the future.
In that case, you've got his address, go and hammer frozen sausages into his lawn!

JQ

6,805 posts

208 months

Thursday 6th March 2014
quotequote all
I can't believe people actually buy things unseen from Gumtree paying via bank transfer, surely that's just a receipe for being scammed. Personally, I'd just be really pleased a computer actually arrived.

sdyson31

Original Poster:

156 posts

154 months

Thursday 6th March 2014
quotequote all
I supposed to get Dell P2014H but instead i got Dell E1913 which is just a plastic and doesn't have any usb ports.

sdyson31

Original Poster:

156 posts

154 months

Thursday 6th March 2014
quotequote all
JQ said:
I can't believe people actually buy things unseen from Gumtree paying via bank transfer, surely that's just a receipe for being scammed. Personally, I'd just be really pleased a computer actually arrived.
He did setup a paypal accoutn just for me and when i transfered the money, paypal kept it for 21 days as he was a new user so he had to refund that to me.

sdyson31

Original Poster:

156 posts

154 months

Thursday 6th March 2014
quotequote all
JQ said:
I can't believe people actually buy things unseen from Gumtree paying via bank transfer, surely that's just a receipe for being scammed. Personally, I'd just be really pleased a computer actually arrived.
He did setup a paypal accoutn just for me and when i transfered the money, paypal kept it for 21 days as he was a new user so he had to refund that to me.

selym

9,581 posts

200 months

Thursday 6th March 2014
quotequote all
sdyson31 said:
I don't care about £30, i just want to teach him a lesson so he wont do it with other people in the future.
All that will happen is that you will fail to administer justice, and be even more angry about it after. It's honestly not worth it.

andy-xr

13,204 posts

233 months

Thursday 6th March 2014
quotequote all
sdyson31 said:
I supposed to get Dell P2014H but instead i got Dell E1913 which is just a plastic and doesn't have any usb ports.
Looking at them side by side I'd go after him for that original screen, agree on missold

northwest monkey

6,370 posts

218 months

Thursday 6th March 2014
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sdyson31 said:
He did setup a paypal accoutn just for me and when i transfered the money, paypal kept for 21 days as he was a new user so he had to refund that to me.
So have you got your money back then or not?

I'm guessing he asked you to send the money as a gift - if he has then just forget it and walk away. Personally I think you're very lucky to have received anything at all. Buy on Ebay if you're buying unseen - you'll get protection then. Use Gumtree for local purchases you can go and check then hand over the cash.

sdyson31

Original Poster:

156 posts

154 months

Thursday 6th March 2014
quotequote all
I have got that paypal payment but later i had to make a bank transfer.

I was really looking forward to use that monitor now i don't even like to use this pc.

sdyson31

Original Poster:

156 posts

154 months

Thursday 6th March 2014
quotequote all
selym said:
All that will happen is that you will fail to administer justice, and be even more angry about it after. It's honestly not worth it.
how?

selym

9,581 posts

200 months

Thursday 6th March 2014
quotequote all
sdyson31 said:
selym said:
All that will happen is that you will fail to administer justice, and be even more angry about it after. It's honestly not worth it.
how?
I'm honestly trying to be helpful here.

OK, think about how angry you are about the situation. Rate it at say 7/10.

1. You decide to chase this guy, do the right thing and speak to CAB. They tell you there is nothing you can do about it, private sale, no proof you didn't accept the inferior monitor etc.

2. Anger now at 8/10. You decide you are going to confront the guy, as there is nothing you can do legally. You knock on his door and he tells you that if you don't go away he will call the Police, you are frightening his kids/dogs/ Llamas. You agree, the Police come and say you don't have a leg to stand on, and to leave his property or have to deal with the consequences.

3. Anger now at 9/10. i could go on about how you are caught in his garden at 1am with a satchel full of frozen sausages and a hammer, and are done for going equipped but I wont. I'm trying to be serious.

Hopefully you just leave it, especially if £30 was the value you put on the difference in the monitors.

fido

18,911 posts

284 months

Thursday 6th March 2014
quotequote all
andy-xr said:
sdyson31 said:
I supposed to get Dell P2014H but instead i got Dell E1913 which is just a plastic and doesn't have any usb ports.
Looking at them side by side I'd go after him for that original screen, agree on missold
Small claims shurely? i.e. He entered into a contract to buy X and got Y.

If this is the case, I might do it more often - can't stand dishonest people.

http://www.adviceguide.org.uk/wales/consumer_w/con...

Edited by fido on Thursday 6th March 11:14

sdyson31

Original Poster:

156 posts

154 months

Thursday 6th March 2014
quotequote all
selym said:
I'm honestly trying to be helpful here.

OK, think about how angry you are about the situation. Rate it at say 7/10.

1. You decide to chase this guy, do the right thing and speak to CAB. They tell you there is nothing you can do about it, private sale, no proof you didn't accept the inferior monitor etc.

2. Anger now at 8/10. You decide you are going to confront the guy, as there is nothing you can do legally. You knock on his door and he tells you that if you don't go away he will call the Police, you are frightening his kids/dogs/ Llamas. You agree, the Police come and say you don't have a leg to stand on, and to leave his property or have to deal with the consequences.

3. Anger now at 9/10. i could go on about how you are caught in his garden at 1am with a satchel full of frozen sausages and a hammer, and are done for going equipped but I wont. I'm trying to be serious.

Hopefully you just leave it, especially if £30 was the value you put on the difference in the monitors.
As per your point 1, i have a proof of his message saying about the monitor model number and for point 2 and 3, i am not that kind of guy hurting people or demaging their stuff.



Edited by sdyson31 on Thursday 6th March 11:13

selym

9,581 posts

200 months

Thursday 6th March 2014
quotequote all
sdyson31 said:
As per your point 1, i have a proof of his message saying about the monitor model number and for point 2 and 3, i am not that kind of guy hurting people or demaging their stuff.



Edited by sdyson31 on Thursday 6th March 11:13
I didn't suggest you were, but the Police don't care if you are appealing to his better nature, crying on his doorstep, being midldy intimidating or whatever else. They will remove you from his property regardless.

Your issue with the message is you need to prove that when you turned up to collect he didn't tell you about the monitor being broken, and offer you £100 cash for your troubles.