Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Ebay buyer threatening legal action

13 replies

MichaelINeedYou · 01/05/2018 17:29

So i sold a laptop over 6 months ago as spares and repairs due to it not working

today I got an email stating they will be taking me to a small claims court for "misrepresentation"

They haven't contacted me since the purchase where they asked if the processor had been updated and i confirmed it had and are now stating apparently they've taken the laptop to an engineer and have "unmasked" the processor as an "i5" and not an i7

i paid to get the processor changed so know it was done. He did state he wanted the laptop to take apart and rebuild.

I'm fairly sure i have nothing to be worried about seeing as he's done who knows what to it in the time he's had it.

but any advice?

OP posts:
ILikeMyChickenFried · 01/05/2018 17:34

So you sold it as having an i7 processor and he's claiming it's an i5?

Original poster
MichaelINeedYou · 01/05/2018 17:42

Yes

He's saying that he's taken it to an engineer 6 months after he's brought it and it's been "unmasked" as an i5 Hmm

OP posts:
Jonbb · 01/05/2018 17:55

Ask him for a witness statement from the engineer who inspected it. Tell him this should include details of the engineer's experience and qualifications and evidence of his findings including photographs. Tell him when you have received this you will consider your position. I'll bet he doesn't bother! A court will require evidence that on the balance of probability what he is saying is true, that it is an i5 and not an i7, and the purchaser just saying it will not be enough so a statement from the engineer will be crucial to any claim he has. What is the difference in value between the two processors?

ILikeMyChickenFried · 01/05/2018 17:58

I bet an engineer hasn't even looked at it. Do as PP said and ask for a report.

PatchworkGirl · 01/05/2018 18:00

I'd ignore. He's trying it on.

Original poster
MichaelINeedYou · 01/05/2018 18:01

He has said he has a statement from the engineer but won't send it but obviously nobody knows what he has done in the 6 months he's had it.

He hasn't answered any questions I've put to him re this (I.e why he waited 6 months to then get it looked at when he asked the processor details when he brought it, has he taken/changed anything within it already etc)

No idea the difference between the two

OP posts:
Jonbb · 01/05/2018 18:13

Refer to my previous answer! Advise him you require a witness statement from the engineer to include details such as . . . etc etc.

Jonbb · 01/05/2018 18:14

And then repeat to him during his next communication, and then repeat . . . and repeat . . .

prh47bridge · 01/05/2018 18:21

i7 processors are generally faster than i5s.

The processor has its precise model number on it. It should be clearly visible once the fan has been removed. The talk of "unmasking" the processor makes me wonder if he knows what he is talking about. Is he claiming that the model number inscribed on the processor is wrong?

If he wants to take you to court he will have to send you the engineer's statement (if it exists) so there is no reason for him to refuse to send it now. It also doesn't sound like he has sent you a proper letter before action. He should have written to you setting out how much money he wants and giving a deadline for you to pay.

Personally I would ignore him at this stage.

Original poster
MichaelINeedYou · 01/05/2018 18:49

He hasn't sent me a letter just an email stating he will be taking me to court unless I give him a "credible solution to this urgent and pressing matter."

I've no idea what he's claiming apart from he is saying it's an i5 not and i7

What concerns me is if he's swapped the processor and then taken it to get looked at, as I got rid of all the receipts etc for it when I sold it 6 months ago.

thank you all for your help so far

OP posts:
Smile1978 · 01/05/2018 19:05

I had similar situation on eBay sold two pairs of wine glasses to a seller was dubious as they has only one feedback rating.First transaction completed buyer Happy a week later they purchased another two pairs of the same wine glasses.Six weeks later they emailed saying the second lot were different to the first ( they were not I purchased from Waterford had all the boxes and receipt) all dimensions and loads of pics in advert.No ebay dispute raised the next thing I get is a county court paperwork saying the had tried to return ( the line of " I even cycle past his home " and he refused to take them back ,bearing in mind they had never asked for refund just sent a mail grumbling to which I replied politely stating all as listing and supplied bill of original sale.Spoke to eBay they were not interested as buyer had not raised a dispute .Went to citizens advice and they looked at the evidence and said you do relies entirely this person is a top uk lawyer .CAB sad I had a strong case to contest the claim but even though I wanted to follow through and fight. Could not take the risk as I could have got a ccj ( never had bad credit) so I had to pay the 180.00 back for the item 45.00 court costs and the biatch got to keep the glasses .Final salt in the wound was ebay would not refund PayPal and final sale fee as the purchaser had not raised a dispute via eBay.Sure this person is a prolific offender of scamming.

prh47bridge · 01/05/2018 19:40

If a case goes against you it will be removed from the register of CCJs provided you pay up within one month of the judgement. Your credit record will only be affected if you lose and then fail to pay promptly. You should not give in when you have a good case just because you are worried about your credit record. Win or lose, it won't be affected.

OP - an appropriately worded email can be taken as a letter before action. However, simply demanding a "credible solution" is not a letter before action. He needs to state exactly what he wants and when. If he does take this to court the time it has taken him to raise this issue means that it is up to him to prove that the laptop had an i5 processor fitted when you sold it. You won't have to prove it had an i7.

Jonbb · 01/05/2018 20:00

You are talking about 50 or 60 quid. I doubt he'll bother. Refer to previous answer!!

New posts on this thread. Refresh page