Sold something on TM that "stopped working"

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  1. Post
    #1

    Sold something on TM that "stopped working"

    Hi everyone,

    Just wanted some advice and to know if you have gone through something similar.

    I sold a second hand laptop on trademe a few months ago, i had no issues with it and it worked perfect for months.

    The buyer emailed me 4 days after it arrived telling me he was installing something and now the laptop doesn't work.

    He has emailed me saying that he is taking me to the small claims court and that the court bailiffs will come to my address(he's getting from trademe) if they rule in his favour and will take stuff to the value of the laptop. He said they will force their way in and have rights under the "crime and goods act".

    -I have photos of the laptop working
    -He requested it be sent in a prepaid bag, not a box
    -The guy was selling a car at the same time, and wouldn't reveal his contact number or address for a test drive so appeared to be a scammer.

    I really don't want it back, as apparently some I.T company has looked at it and apple as well. The guy just came across really dodgy. It could have been damaged in transit or he could of damaged it, i just dont know.

    Any thoughts on this? Will i have to go to court for this?

    Cheers

  2. Post
    #2
    It's a known scam, so you don't need to do anything. Everything he has said will happen won't without a hearing (which you will be invited to attend)

    Sent from my SM-G950F using Tapatalk

  3. Post
    #3
    Wow that sounds pretty shitty man. You should post his username so when people Google it, they'll find this thread.

    Have YOU contacted TM? They'll probably flag the account if something similar has happened in the past.

  4. Post
    #4
    Nah don't worry. Its a private sale & as long as nothing was misrepresented you are all gravy

  5. Post
    #5
    Tell him to **** off.

  6. Post
    #6
    Yeah the disputes tribunal process should find in your favour. It'll cost him money, months of effort, and you'll end up being summoned if it does happen. Post in GP if that does and we'll give you advice.

    The stuff he's saying will happen can only happen if:
    - He takes you to the tribunal.
    - He somehow manages to win(he won't).
    - You refuse to pay the court order.
    - He lodges an application for a warrant to seize property.
    - The bailiff comes and offers you the chance to pay, you refuse, then he takes goods to that value and waits five days for you to pay up.
    Last edited by Neongreen; 12th October 2017 at 11:43 pm.

  7. Post
    #7
    Neongreen wrote:
    a well known real estate agent brand for helping themselves to my money
    Do tell.

  8. Post
    #8
    SoAndSo wrote:
    Nah don't worry. Its a private sale & as long as nothing was misrepresented you are all gravy
    Misrepresentation can be quite far reaching however on TradeMe.

    Let's say you are a private car dealer selling a 2nd hand car that's fairly expensive, only a few years old, "worked perfectly" per your ad description, and then the car breaks down 2 months after purchase. The referee will likely consider that to be a misrepresentation, since a fairly expensive few years old 2nd hand car that' working perfectly shouldn't breakdown so easily, and there is also an imbalance of knowledge.

    When it comes to misrepresentation, ignorance of the fact is not always a defence. In this case, factors such as the wording of your advertisement, how old the laptop was, and how much it was sold for (e.g. significantly below market price or still a fairly hefty sum), as well as the relative perceived IT knowledge between the buyer and the seller may all be relevant.

    Further, even if FTA and CGA do not apply, Sale of Goods Act 1908 is still applicable for private sales. Under SOGA 1908, there is the concept of implied terms in all contracts of sales of goods (including verbal ones or ones done via TradeMe). One of these implied terms is that the sold item would be reasonably fit for purpose for a reasonable period of time.

    The aforementioned dispute tribunal procedure is more or less in line. If you and the buyer live in different cities, you will generally also be allowed to attend the dispute digitally instead of in person. You will know he is serious when you receive a Notice of Hearing with the hearing date generally at least a few weeks away.

    With TradeMe cases, unless the fault is decidedly obvious, usually the deciding factor can be the TradeMe advertisement itself. Do you have a link to the sale still?

  9. Post
    #9
    It wasn't so much that i didn't want to give his money back, it was the fact he was coming across dodgy as and was worried I'd give his money back and never see the laptop again too. How do I know it wasn't damaged in transit or he messed with it. I don't want to give away too many details in case he is on here. Apparently he studied law and I need to seriously think what I've done.

  10. Post
    #10
    Linx wrote:
    Tell him to **** off.
    I'd tend to work with this approach to start with, unless there's a bloody good reason not to...

  11. Post
    #11
    Sounds like he's trying to scare+scam you.

    Linx wrote:
    Tell him to **** off.
    Just do this.

  12. Post
    #12
    mike4de wrote:
    I don't want to give away too many details in case he is on here. Apparently he studied law and I need to seriously think what I've done.
    He clearly didn't study law, otherwise he would know he has no grounds to ask for any sort of remedy. If it was working fine for 4 days that he had it then he has done something to damage it.

    +1 - Tell him to **** off. Or get more savage with it but hey, that's your call.

  13. Post
    #13
    mike4de wrote:
    Apparently he studied law and I need to seriously think what I've done.
    In the unlikely event this is true he must have failed pretty badly. There is no "Crime and Goods Act", you can verify that here if you wish. The power of the bailiff to seize property is pursuant to the District Courts Act 1947 (as set out the District Courts (Civil Enforcement) Amendment Rules 2013).

    Neongreen's summary is correct afaik, and I agree with everyone else that he is full of shit.

    Also studying and practising law are very very different. A threat based on having studied law is generally to be laughed at.

    GhoX wrote:
    Further, even if FTA and CGA do not apply, Sale of Goods Act 1908 is still applicable for private sales. Under SOGA 1908, there is the concept of implied terms in all contracts of sales of goods (including verbal ones or ones done via TradeMe). One of these implied terms is that the sold item would be reasonably fit for purpose for a reasonable period of time.
    This only applies if "the goods are of a description which it is in the course of the seller’s business to supply" (s16).

  14. Post
    #14
    I studied homeopathic domestic antarctic law, you should alert the cyberpolice, because the consequences for him will never be the same.

    Oh: and yeah he's full of shit. Contacted trademe about it?

  15. Post
    #15
    teelo7 wrote:
    I studied homeopathic domestic antarctic law, you should alert the cyberpolice, because the consequences for him will never be the same.

    Oh: and yeah he's full of shit. Contacted trademe about it?
    He went to trademe first, saying that i wasn't replying to his emails, i was and i asked for proof that the laptop was not working as he said he took it to some IT place - he never provided it. I replied to them advising of the whole story and they pretty much said there was nothing they could do but that he could take me to court over it.

  16. Post
    #16
    mike4de wrote:
    the court bailiffs will come to my address(he's getting from trademe) if they rule in his favour and will take stuff to the value of the laptop. He said they will force their way in and have rights under the "crime and goods act".
    LOL. K. Yeah, that is enough not to take he/she seriously.
    An installation causing something to break could be anything and easily blamed on user error. I'd be surprised if it goes any further but prepare yourself just in case.

  17. Post
    #17
    This is a hilariously bad attempt to swindle you. +1 for telling him to screw off.

  18. Post
    #18
    mike4de wrote:
    he was installing something and now the laptop doesn't work.
    If you actually have an email from him saying this is what happened I don't see anything to worry about.

    Why are you responsible for something he installs which causes the laptop to stop working?

  19. Post
    #19
    Some of the conversation:

    Him - So far this thing will not install . If the apple dealer cannot fix this trade me will formally be contacted . I am not happy about this at all
    Me - Sorry, how do you mean "this thing will not install"?
    Him - Think about it!
    Me - I don't understand, please explain. What will "not install"? I have no idea what you're talking about
    Him - I will spell it out for you . This series is will not reinstall for gods sake!

  20. Post
    #20
    ... that was not spelling it out for you

  21. Post
    #21
    mike4de wrote:
    He went to trademe first, saying that i wasn't replying to his emails, i was and i asked for proof that the laptop was not working as he said he took it to some IT place - he never provided it. I replied to them advising of the whole story and they pretty much said there was nothing they could do but that he could take me to court over it.
    Good. Let him take you to court. When you win, you can show the result to trademe and recommend his get some harsh account penalties due to his harassment.

  22. Post
    #22
    Just don't feed the troll. Stop replying to him full stop. He will send threat after threat probably - ignore them all. He has next to no ground to stand on.

  23. Post
    #23
    Classic case of user error. Block his email address and his number and move on.

  24. Post
    #24
    Jewjew wrote:
    Just don't feed the troll. Stop replying to him full stop. He will send threat after threat probably - ignore them all. He has next to no ground to stand on.
    Yeah, i haven't replied to one of his emails since 25th May. Once i saw people commenting on his car auction that he was a scammer and it was a scam, i haven't replied. People were asking for a contact number so they could call him and sort out a time to view his car, he would reply saying he wasn't giving it out and there were no test drives.

  25. Post
    #25
    Stop stressing and get on with living life