To say no to a refund for camping gear sold through a Facebook site?

[AfternoonTeaWithChampagne]

We sold a family tent and camping equipment through a local FB selling site back at the end of June.

We'd used it for a family holiday already and had no issues - nothing broken whatsoever apart from two poles which had been long term repairs and did not affect use at all.

The buyer has now messaged me saying he's used it for the first time since buying it two months ago listing a catalogue of things wrong including a hole in the tent and a broken zip. We are adamant that these weren't there when we sold - we'd put the tent up in our garden to check everything prior to sale.

I've messaged back saying we absolutely deny anything was wrong with the tent, except for the two poles which we knew about.

He did not check the tent on purchase and we've heard nothing from him for two months. What's to say he hasn't stored it incorrectly/done the damage himself?!

He's claiming a family camping trip was ruined - surely in any case you check gear before you camp?!

If he'd come back to us a week after we would have been happy to discuss - but given this was two months ago and we absolutely deny the damage, AIBU to tell him we won't entertain a refund?

And anyway - surely it was down to him to check it was all ok,within a reasonable timeframe?

So he has no further use for the equipment post holiday and is trying to pull a fast one?
Nice try..
Just block him op.

Yanbu. Sold as seen, he hasn't got a leg to stand on.

He could take you to court of course. Whether he would win or not depends on the specifics.

How much was it?

If you’re sure you advertised it properly I would just reiterate that in any response you give him.

Going to court would not benefit him. He bought it months ago and has only just come back with issues and as a pp said, he bought as seen, I've seen enough Rinder to know about Caveat Emptor 😁

2 months ago??!! Not a chance. Block him.

Legally it’s not about “bought as seen”, especially if it was an online purchase. It’s whether OP mis-represented the goods or not; whether the goods received matched the description in the advert. If not, the buyer has a case.

I’m not stating that this would be worth the buyers time to take it to court, nor am I saying it will be an easy process. I’m just stating the factual legal position.

Totally agree with you OP. What a CF.

So he has had 2 months worth of use and now school holidays are ending he wants his money back? What a chancer!

I don't think he has any right for a refund. You sold the tent as described and the onus is on the buyer to check correct at time of purchase. He cannot claim months later they were damaged because as you say he could have ripped it in transit or storage. Did you take photos when you checked it prior to sale? Either way just message saying the tent was sold as described and no refund due. Quick check on Which site says private sales are buyer beware,
"When you buy from an individual (as opposed to a retailer), the Consumer Rights Act says that the goods you get must be as they were described to you by the seller.

There's no obligation on the seller to disclose any faults, but misrepresenting goods isn't allowed."

YANBU
Odds on they damaged this on the holiday and are pulling a fast one.

Absolutely no way I'd give him a refund. How convenient that he's had it all summer and now that the kids are just about to go back to school its suddenly not fit for purpose...

He could have done anything with it in 2 months! Of course he can't have a refund, cheeky sod.

The thing is, there is of course the possibility that there was something we were unaware of - which we would quite happily discussed if it was within a reasonable timeframe - but it is genuinely impossible now to 'prove' what condition anything was in, or what they have done in terms of storage, erection or use since!

The tent was just described factually - no description of condition etc.

He's trying it on because he's had his camping holiday now. Ignore him.

Presumably he paid cash on collection? He can do one.

Now that he's used it on a camping trip, he'll have a hard time proving it was damaged before he used it. I'd ignore him. He's trying to pull a fast one.

He is trying it on op.
Don't give him any money.
His over the top list of so called damages and the ruined holiday say it all.
Do you have the photos from when you sold it showing it in good order?if so save them,tell him again you are firmly denying the property was in any way damaged,you have photographic evidence and if he continued to harass you for money you will report him.

Did you take photos and do you still have them?

It's Caveat Emptor - he should have checked when he received them. Too late, stay firm.

Yes we have photos of the tent up in our garden. There is no description of the condition of the tent at all.

He is saying it's down to two poles that had been mended that broke and damaged the other parts of the tent - which I find very hard to believe as we've used it several times including in a gale and with no issues at all (the tape on the two poles actually strengthens it).

He's saying he asked if any poles were damaged. My husband recalls nothing of such conversation and wouldn't have lied! The guy is now saying "we lied about the poles" as I did say in a reply we knew they had previously been repaired.

He's saying he's deciding what action to take as his holiday was ruined! I hate stuff like this.

As I say, it is possible there was something we genuinely didn't know about and we would have absolutely been reasonable about this if it was brought up in a reasonable time.

Should say as well - we sold it for less than half of the value of new (including a 'bundle' of equipment)

I wouldn’t engage any further with him. He’s throwing emotion into the mix with “our holiday was ruined” etc. I would block and move on.

I smell BS.

Has he sent photos of the state of the tent?

I'd ignore and tell him he's gone way past the length of time you'd be happy to refund.

Find his social media, and have a look if any pics of a camping holiday.

Can you view his Facebook wall? Maybe have a look and see if there are any pictures of them camping? See if you can see the damage or it intact.

I'm pretty sure he is a CF - but it's worth noting, I'd be peeved if it wasn't listed that two poles were broken and they arrived taped-up.

It's not up to the buyer to ask specifically about each element of the product "what about the poles, are there any rips, how about the zip?" it's up to the seller to describe any faults - and ideally show the fault in a photo on the listing.

So I agree, you probably didn't ruin his holiday, and he probably is being a CF - but your listing wasn't accurate, and so I do feel some sympathy for the buyer.

He has sent some pictures of a hole, broken zip, etc. My husband is adamant that it wasn't there when sold!

The guy has obviously damaged it putting it up/not putting it up properly and is using the two poles as an excuse (they have caused zero issues through our holidays, even in strong wind).

I've blocked him now - after I said we would have been prepared to discuss had it been within a reasonable timeframe (we are actually really reasonable people who camp with our own kids and would never knowingly screw anyone over!); and I don't wish to engage further.

What options are available to him and how likely would he be in being successful?!

He's got our address as collected from us so I'm worried now.