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AIBU?

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Original poster

Not refunding for a phone I sold on FB?

67 replies

ilovemilton · 26/10/2018 07:07

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?

OP posts:
PixieCutRegret · 26/10/2018 08:08

YANBU OP! I would definitely tell them I was considering reporting to the police for harrasment if they didn't stop. It's never ok to messege and call someone at those times.

To the poster saying the girl might be left without a phone, so what? OP might be selling things off to pay for her kids food until payday (as I have had to do in the past) if money was so precious to the buyer she should have read the description properly.

Tomatoesrock · 26/10/2018 08:08

Their timing sucks it is harassment to contact you at 4am. They do not sound worth the hassle especially knowing your address. If they keep calling at odd times or threatening, call the police.

Original poster
ilovemilton · 26/10/2018 08:09

I've just looked at the messages from the day after when she couldn't set it up, it was 32 in the space of an hour, in the middle of the night, plus 13 calls. There was then an endless conversation in the day when she demanded I meet her to set it up, which I did. Plus texts from her mum and partner.

These texts today were at 4am. I responded at 7am and haven't had a reply yet - but she didn't respond the other day til noon.

OP posts:
Original poster
ilovemilton · 26/10/2018 08:11

Yes, I did have a big sell off to pay for bills as I've just lost my job. I have been honest about everything I've sold - some things were knackered and some were good as new.

OP posts:
Tomatoesrock · 26/10/2018 08:13

You're not obliged to give her a refund. If she texts back today tell her to bring you to the small claims or go away.

NotSuchASmugMarriedNow1 · 26/10/2018 08:15

How much did you sell the phone for?

SaucyJack · 26/10/2018 08:24

I don’t think you’re obliged to refund her.

I do feel a bit for her tho. Was it an iPhone? The batteries are only built to last two years, and you can’t just pop a new one in like you can with a Samsung. If she’d never had an iPhone before she may not have understood the extent of the problem.

Did you at least sell the phone at a price that reflected it was in barely usable condition?

Tomatoesrock · 26/10/2018 08:26

How much did she pay for the phone?

ffffffffsake · 26/10/2018 08:26

Encourage them to go to the police - they will be told it’s a civil matter and there’s nothing that can be done, and it will make it a bit easier to report them for harassment if it comes to it!! She’s a total chancer, how are you meant to know whether she’s damaged the phone further this week. Everyone knows that if you’re buying off Gumtree/Facebook or whatever you check condition before handing over the money because once you have it’s a done deal.

MonteCarla · 26/10/2018 08:27

Tell her she can get a brand new battery from Apple for £25 if she does it before 2019.

Oblomov18 · 26/10/2018 08:31

What a nightmare. She sounds unhinged. Polite message and at the end threaten her with going to the police yourself.

Puggles123 · 26/10/2018 08:32

It seems to be working okay if she has been texting and phoning so much, but you were honest in the advert so under no obligation to refund. Even if you did and looked to relist it, she could have damaged it in the week she has had it.

PattiStanger · 26/10/2018 08:38

I've seen advice on past threads on here that selling on facebook isn't necessarily a done deal and that in some circumstances the buyer does have some consumer rights.

I'm not saying that applies here but I'd check the facts before replying on any legal advice.

Original poster
ilovemilton · 26/10/2018 08:38

Haha good point!

OP posts:
araiwa · 26/10/2018 08:39

Her phone, her problem

Presuming you told the truth on the advert

BlueThesaurusRex · 26/10/2018 08:48

And this is why I’ve taken a bit of a hit and sold my old phones to Music magpie/mazuma etc.

So I don’t have to deal with free-range wankers Grin

OutPinked · 26/10/2018 08:58

Block her number/on FB and move on with your life. You don’t owe her the money at all, she sounds like a chancer.

longwayoff · 26/10/2018 09:06

I apologise OP, she sounds like a loon and potential chancer who will want refund and to keep the phone. Block her.

DeathyMcDeathStarFace · 26/10/2018 09:41

You might want to protect yourself - keeping texts, speak to someone on 101 to report it and maybe get advice etc.

If I were you I would not be giving a refund. She knew the condition of the phone before buying it so she has no recourse for a refund.

Also, you do not know what she has been using the phone for since she bought it, she could have been using it for illegal things, harassing others etc, which could be traced back to you if you took it back. Or she might have an identical, broken phone she is trying to con you into a 'refund' for, so unless you have a record of serial numbers/other identifying things you don't know if you would be getting your old phone back anyway.

Original poster
ilovemilton · 26/10/2018 11:31

That's a very good point about her swapping phones. I'm glad you don't all think I'm a bitch for keeping her money. We are a week down the line!

OP posts:
TheWiseWomansFear · 26/10/2018 13:56

A new battery is £25 offer to give her £25 back for that?

Even though you are right

AGHHHH · 26/10/2018 14:01

No don't offer her £25 for a problem she was clearly made aware of. She can buy it herself.

I wouldn't buy a phone that died multiple times a day, she shouldn't have either if it was important to her.

AllShockUp · 26/10/2018 14:13

I think the OP flogged her the phone at a level that indicates this phone is better than it really was. Why> because OP refuses to tell us what she sold it for. Refund the poor girl and hope no one ever tries to stitch you up like this

Original poster
ilovemilton · 26/10/2018 14:48

It was £35. She hasn't been polite at any point and she's bordering on harassment, which makes me even less inclined to help her.

She's sent me another four messages in the last hour saying that it won't turn on, won't charge but then five minutes later telling me the camera doesn't work now.

She's had it a week, would you not have raised this beforehand?

I've sent a message along the lines of what one of the early posters said and she said whatever with laughing faces!

OP posts:
Tomatoesrock · 26/10/2018 14:56

Block her and make a report now. CF. I thought at least 100.00. Tell her 35 would not cover renting the phone for a week.

Always meet at a neutral location if selling in the future. It is more hassle than it is worth.

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