Gents,

2 weeks ago I advertised a Porsche dashboard for sale on eBay, it didn't sell but someone watching it on eBay contacted me and made an offer,

 

He asked about the dash if it was in good nick or had been repaired, I replied that it had come straight out of a car that was having a suade dash fitted instead,

 

I sent him plenty of pictures, also said I would prefer him to come and view before he picked it but he couldn't so he agreed he was happy with the pictures

 

Now after he has had the dash and two weeks after he is saying the dash is in bad nick not as described and wanting his money back, I replied saying that it was sold as seen, and that I had done everything possible to help sending all pictures to view, and I hadno idea of the history of the dash and would prefer you to view it

 

A week later and this morning a letter arrived at my doorstep saying I will be taken to small claims court for him to recover his £125 and travelling costs

 

What should I do?

Thanks in advance

Go to court with the pictures and tell him to bring the dash to court That will show whether it's been damaged by him or even if it's the right one and he's trying to pull a fast one

 

Just make sure you keep all the emails and photos etc in your defence

Should I send him a letter back, either from a solicitor or I thought a letter offering as a good will guesture £50 refund for him or would that show I'm guilty?

if you still have the photos and emails use them as evidence in your defense. IIRC you are able to choose which county court you go to not him so pick the one nearst to you and make him travel. Just communicate with the court not with him and do not make any offer.

What a cnut!

Is it worth asking for pictures of the damaged areas to compare to your pictures?

Good question, should I ask him to send me some pictures to compare with mine as you say it would then prove if he is pulling a fast one

Agree with Jim, ask what the problem is and get pictures to prove it. Also say you require them before the court case not when you get there. If you offer a part or full refund you are admiting you are in the wrong.

Matey, do you have all the correspondence with him? 2 weeks is a long time to figure out if a item is damaged, surely he would of noticed that the day it arrived, sounds like he is pulling a fast one. if you have all the communication emails and the photos of the item still, id go court, no point sending or offering him anything as a "good will gesture" as that is admitting fault.

 

If you know for certain that the item was in good condition when you sent it. id go court.

 

Only thing i would ask off him, is photos of said damage to see if its the same dash as yours.

second hand goods offer no return or warranty in a private sale, you have done every thing possible to accomodate and he has done nothing to ensure he was happy with the item before buying it. As he has had the itme for over more than a few days and not raised an issue until a couple of weeks he hasn't a leg to stand on.

 

Has he sent a private letter or an actual claim via the court. in any scenario, tell him you will go to court (in your area) over the matter and then claim against him for time and epenses.

 

Do not offer him anything in compensation as it is an admission of guilt...contact citizens advice for a clear and correct opinion on your position, but don't let the low life get to you.

Thanks for a brilliant response guys, yes it is a homemade letter by the way, he is saying that I described the dash as mint, I never described it that way, I think what ill do is write back and say.... I need pictures of the damages also copies of any descriptions I gave to you stating it was mint as you say.. so I can pass them on to my solicitor.

 

Would that be a good letter to send?

 

- - - Updated - - -

 

Thanks for a brilliant response guys, yes it is a homemade letter by the way, he is saying that I described the dash as mint, I never described it that way, I think what ill do is write back and say.... I need pictures of the damages also copies of any descriptions I gave to you stating it was mint as you say.. so I can pass them on to my solicitor.

 

Would that be a good letter to send?

If it's an ordinary letter don't reply at all. Wait to see if he carries out his threat. Save all your pics and any emails or letters just in case but let him get on with it and see how far he takes it. If he's trying it on you won't hear much more.

If it's an ordinary letter don't reply at all. Wait to see if he carries out his threat. Save all your pics and any emails or letters just in case but let him get on with it and see how far he takes it. If he's trying it on you won't hear much more.

 

Agreed 100%

Sound advice from a member with the correct background to give the advice

It wont go to court he is pulling a fast one. Tell him you have done nothing wrong and will be willing to meet him in a small claims court and you wont here from him again.

this is what he sent to me by the way...

 

 

 

in regards to the porsche 997 dash sold by you and described as undamaged

 

i am required in law to make my complaint in writing to you regarding the goods described, and to give you notice that i will be taking leagal action to recover the £125 paid in cash plus my out of pocket costs, namley fuel and time.

 

i give you one months notice that i intend to take legal action through the county court for the recovery of money paid and out of pocket expenses

 

on unpacking the parcel one retaining lug was found missing from the dashboard and on inspection this was found broken non repairable, further inspection revealed indentations/marks found around the intakes, possibly from the use of a screwdriver when removing the air intakes

 

the worst and most noticable fault is that the airbag cover to the top of the dashboard has clearly had repair, the panel damage shows the airbag has been fired, this panel would have origionally been stitched it now appears to have been glued with dark blue dye applied to camouflage the repair

 

the item was described by you as undamaged, it is not unreasonable to have expected the item to have been in exactly that condition

 

i have copies of your origional advert and copies of your text sent, all of these suggest that the item is undamaged

 

i would prefer you to repay my money and arrange collection of your goods rather than take action throught the courts, but should you not repay i will not hesitate to comence leagal action.

 

 

hmmmm... i did look all round the dash for signs of damage and all i could see was what looked like boot polish around the stitching but it was stiched underneath this you could see, its not glue but looks like boot polish, should i tell him this in my reply?

LMAO, that looks like a retard has tried to read how to write a legal letter and failed epically. Its not worth anyone even considering small claims for such a small amount of money. As per advice given, dont reply and leave the ball in his court, just keep all the correspondence and pics as back up should he carry out his idle threat.

this is what he sent to me by the way...

 

 

 

in regards to the porsche 997 dash sold by you and described as undamaged

 

i am required in law to make my complaint in writing to you regarding the goods described, and to give you notice that i will be taking leagal action to recover the £125 paid in cash plus my out of pocket costs, namley fuel and time.

 

i give you one months notice that i intend to take legal action through the county court for the recovery of money paid and out of pocket expenses

 

on unpacking the parcel one retaining lug was found missing from the dashboard and on inspection this was found broken non repairable, further inspection revealed indentations/marks found around the intakes, possibly from the use of a screwdriver when removing the air intakes

 

the worst and most noticable fault is that the airbag cover to the top of the dashboard has clearly had repair, the panel damage shows the airbag has been fired, this panel would have origionally been stitched it now appears to have been glued with dark blue dye applied to camouflage the repair

 

the item was described by you as undamaged, it is not unreasonable to have expected the item to have been in exactly that condition

 

i have copies of your origional advert and copies of your text sent, all of these suggest that the item is undamaged

 

i would prefer you to repay my money and arrange collection of your goods rather than take action throught the courts, but should you not repay i will not hesitate to comence leagal action.

 

 

hmmmm... i did look all round the dash for signs of damage and all i could see was what looked like boot polish around the stitching but it was stiched underneath this you could see, its not glue but looks like boot polish, should i tell him this in my reply?

 

I would say nothing about the dash mate he is just trying to scare you into getting his money back. Let him do what he wants as it wont go far.

just tell him stella off the internet said your a tw4t and leave it at that

 

disclaimer, the above statement will not stand in court as defence lol

this is what he sent to me by the way...

 

 

 

in regards to the porsche 997 dash sold by you and described as undamaged

 

i am required in law to make my complaint in writing to you regarding the goods described, and to give you notice that i will be taking leagal action to recover the £125 paid in cash plus my out of pocket costs, namley fuel and time.

 

i give you one months notice that i intend to take legal action through the county court for the recovery of money paid and out of pocket expenses

 

on unpacking the parcel one retaining lug was found missing from the dashboard and on inspection this was found broken non repairable, further inspection revealed indentations/marks found around the intakes, possibly from the use of a screwdriver when removing the air intakes

 

the worst and most noticable fault is that the airbag cover to the top of the dashboard has clearly had repair, the panel damage shows the airbag has been fired, this panel would have origionally been stitched it now appears to have been glued with dark blue dye applied to camouflage the repair

 

the item was described by you as undamaged, it is not unreasonable to have expected the item to have been in exactly that condition

 

i have copies of your origional advert and copies of your text sent, all of these suggest that the item is undamaged

 

i would prefer you to repay my money and arrange collection of your goods rather than take action throught the courts, but should you not repay i will not hesitate to comence leagal action.

 

 

hmmmm... i did look all round the dash for signs of damage and all i could see was what looked like boot polish around the stitching but it was stiched underneath this you could see, its not glue but looks like boot polish, should i tell him this in my reply?

 

first, it wouldn't be county court he tries to take you, it would have to be small claims court, he is basing his argument on the fact that your texts and messages or correspondence "suggest" its in good condition, if you no way said it was in "good condition and undamaged" specifically, then you have done nothing wrong. the fact it has taken him 2 weeks to find the damage and also to contact you, would give him plenty of time to of changed the dash boards over.

 

Find the photo of the airbag section of the dash and get a picture up, he is saying it clearly shows that the airbag has been triggered, if this is the case then it will be VERY noticeable. the way he is carrying on is like he was expecting a brand spanking new part, not some 20 year old second hand item.

 

and what ever you do, unless its a formal letter from a solicitor DO NOT REPLY

If he's saying the airbag has been triggered he probably did it himself when connecting it ! As said before get him to send pictures of the supposed damage and compare then with you originals

LMAO, that looks like a retard has tried to read how to write a legal letter and failed epically. Its not worth anyone even considering small claims for such a small amount of money. As per advice given, dont reply and leave the ball in his court, just keep all the correspondence and pics as back up should he carry out his idle threat.

 

Agreed - do nothing at all mate. But do make sure you keep a copy of your advert, e-mailed correspondence and your photographs; just in case!!

 

Truth is, it won't get that far and he will crawl back under the stone from whence he came.

 

Richard:asshole:

Thank you again guys, part of me wants to reply as I'm a nice guy but as you all say unless its an official letter its best to say nothing until its fron a small claims or something, and yes I never described it as being mint or perfect the words I used was no scuffs on it.

he has prob swapped the dash and is trying to say his old one is yours and is trying to get his cash back

he has prob swapped the dash and is trying to say his old one is yours and is trying to get his cash back

 

I was just going to say that. Sounds like he has an inferior one and trying to get money back off you for it.

Thank you again guys, part of me wants to reply as I'm a nice guy but as you all say unless its an official letter its best to say nothing until its fron a small claims or something, and yes I never described it as being mint or perfect the words I used was no scuffs on it.

 

I know what you mean - and sometimes you just want to have your own say as well; if only to try and set the record straight. But often in doing so, you end up antagonising the other party into doing something stupid (like instigating proceedings) even if they don't actually have a chance of winning. Or you might inadvertently trip yourself up and say something which may prove detrimental to you. And even if you don't, the correspondence can get protracted - to the point where you get yourself angry just seeing another letter/e-mail from him.

 

Best action is do nothing and let him get fed up with pursuing the matter; scrotes like that are simply not worth bothering about mate!!

 

Richard:thumbup1:

he has prob swapped the dash and is trying to say his old one is yours and is trying to get his cash back

 

My thoughts exactly mate.

Unless the letter is from a solicitor completely ignore it. He isn't going to take you to court for such a small amount. If you respond to him in any way you start down a slippery slope of bullshit. If you feel you are in the right do nothing and let the prick carry on, he'll get bored