Not refunding for a phone I sold on FB?

[ilovemilton]

I sold an old phone last week when I upgraded. I wrote on the post that it two years old and listed a few things that was wrong with it.

A young lady bought it off me. I tried to tell her on text those things to make sure she understood that it was useable but not perfect. She just kept saying yeah, I'm coming now.

The day after, she rang me 13 times and text for hours because she couldn't set it up. I met her and set it up for her.

She text me at 4am, saying the phone is fucked and demanding her money back. As did her mum and partner. They alternate between they are coming round now and saying they are going to the police if I refuse.

I've told them I have no obligation to refund. They were aware of the defects and we are now a week on.

AIBU to stick to my guns and keep the money?

Yanbu. You were honest, you have already been more than fair. Just text back "Phone is sold as seen, all defects listed, you have had the phone a week, I've been more than fair & helped with the set up after sale. No refunds, if you want a warranty buy from a shop. Call the police if you wish as I am right and I think if anything they will be more interested in the number of calls/texts I am getting. As far as I am concerned we are done, I have been fair and this conversation is over"

Assuming you accurately listed the phone's defects, YANBU. However, there is a lot of bandwidth in a description for you to play with. Can we see the description and her report of what she found to be wrong with the phone?

No doubt there are two sides to this story and the truth lies somewhere in the middle.

You told her it wasn't perfect but in working order.

The buyer will no doubt say a completely different story and the truth will be a version of both

Problem you gave us they know where you live. If you are happy they will not try anything to damage you or your property then stick to your guns and don't refund.

If you think they may cause trouble then may be easier to refund them.

'Have is' Not 'gave us'

Give her her money back. How unpleasant and unkind.

It depends on how much hassle you are prepared to take.

As long as she hasn't made the phone worse if you refund you are in the same position and can advertise it again. Personally I'd refund and get the phone back because I wouldn't want any louts coming to my house.

If there's a next time don't tell them your address

Is anyone else using the app, and if so is it listing longwayoff as the OP?

Yabu. Yes you should give her the money back. I would never buy a phone second hand off FB. CEX will give a 12 months warranty on a used phone. It is probably all she can afford and is now left with nothing.

It was listed as two years old, holds charge for 6 hours, needs a new home button or the app that puts one on a screen. She's complaining it dies during the day.

Are you unwell frank? Its a bit early for poking people with pointy sticks.

Frank No not the OP's username.

I know it's not the OPs username, I assumed it was a glitch on the app and wanted to check if it was happening to anyone else before I reported it. Nevermind... 

Lots of people buy and sell phones on ebay or Gumtree or facebook, my local selling group is full of them. Not everyone can afford to buy from a shop and I'd guess the vast majority of them are absolutely fine.

It sounds like the buyer is the problem here that's why for a quiet life I'd refund, there's no dealing with stupid people.

How much money are we talking about?

YANBU. You listed the charge issue and also told her, yet a week later she's complaining about the known issue.

Send a text along the lines of what @Returnofthesmileybar said.

Assuming you’re a private seller, No you don’t have to give her her money back. You are not legally or morally obliged to.

You were detailed about the faults in your advert. Actually you didn’t have to be that detailed about the faults, as long as you didn’t misrepresent the condition of the phone, so if you had said “phone x model etc” that’s fine but if you said “phone x model full working order like new” you would have misrepresented it.

She knew what she was buying, it’s a week later, anything could have happened to it in that time. She showed all signs of being a right pain in the backside by calling you 13 times after she bought it!

YANBU, especially if that is her complaint, you literally told her that it only held the charge for that long. Do you have a copy of the ad still that states that? Or the texts to her? She's trying it on.

YANBU
I sold a tent on Gumtree. Said it was in used condition and the groundshedt could do with replacing.
Woman turned up with her partner.
We asked them twice would you like to srrr the tent and check it over first.
They literally just picked it up and went out the door and off in their car as quick as possible. They gave DH the cash for it.
The reason they left quick was because we had agreed on £120, they paid all in twenties and had missed one twenty off.
Thought no more about the tent until 3 hours later when I was in the middle of cooking dinner and missed a call.
The message left was basically "this tent is fucked" "I know where you live" and threats.

While I listened to it, texts and other voicemails were left. 30 in the space of an hour. Her brother was variously a Police officer, and someone from Reading standards, and a solicitor.
I politely asked what the issue was, and pointed out it was sold as seen and in their hurry to leave after ripping me off £20, they had declined to check it over.
She then sends a photo of a pole, saying it's bent up.
They were those click together poles. The silly woman obviously had never seen a pole tent in her life so decided it was broken.
She then still wanted her money back "or else" so after several hours of it I contacted the police on 101. I popped in the next day so they could see and hear the messages.
They then got in touch with her local force. Turned out she was notorious for behaving in that way and they cautioned her. Gumtree also banned her.
If she carries on, call 101. Keep all the messages and do not respond.

Sorry for typos I'm still getting the black boxes of death

Tell them to fuck off and block them. Chancers.

FrankIncensed Sorry I thought I was being helpful.... Nevermind

So it’s an iPhone then - tell them they can get a battery replacement from Apple for cheap before the end of the year. That’ll sort the charge issue.

Oh wow, confused. I did wonder if she was bordering on harassment. The texts today were at 4am and all those calls the other day were at midnight the day after she bought it.

I would reiterate that you had already told her that would happen before she bought it, she is free to sell it on but she knew no refunds.

Furthermore, if you receive any further calls about it from her or her family or friends, you will be reporting them to the police for harassment each time it happens.

Apologies frank. Hope u get it fixed.