| Forum Home | ||||
| PC World Chat | ||||
| Thread ID: 71754 | 2006-08-15 12:07:00 | Disputes Tribunal Matter - Advice/Opinions | not.my.s0ck (10995) | PC World Chat |
| Post ID | Timestamp | Content | User | ||
| 478721 | 2006-08-15 12:07:00 | Hi everyone, great forum you have here, I'm lovin' the friendly atmosphere. First time I've been here in the year or so I've been subscribed to PC World. Anyway, I have a problem. Way back in March (which was just under 5 months ago) I sold my 2gb iPod on Trademe (www.trademe.co.nz)* for $200 sold with 'Buy Now'. Shortly afterwards, the buyer (a 15 year old kid) wanted a refund saying that in my description I was being dishonest and deceitful (with emphasis on how I used the term 'messed up' instead of broken) but I refused. His dad then threatened to take me to court and I was happy to oblige. After weeks of nothingness, I decided he must've come to his senses and let it go but then just today I get a letter summoning me to a disputes tribunal. Does he have a strong enough argument to win? *The following picture (and 2 others which were just of the iPod and pretty irrelevant) was also included in my item description but has been removed since img95.imageshack.us |
not.my.s0ck (10995) | ||
| 478722 | 2006-08-15 12:59:00 | Was there additional info in the Q and A section? If they looked at the pics it is pretty obvious. To me broken means it doesn't really work at all - messed up = issues but essentially usable. It would have been nice to straight out say it is faulty, but you honestly admit all problems. Of course, people under 18 aren't allowed to buy on Trade Me. Heh, the "father" sems like he is trying to bully you - haha like it is a Police issue.. Good Luck (you might still lose - perhaps they will make sure the iPod dies when they bring it to the tribunal)... :( |
gibler (49) | ||
| 478723 | 2006-08-15 16:06:00 | How long do TradeMe keep ads on their site (after they are completed). It would be good if you still had a link to the auction, with the wording used. The link can be found in feedback But, if you said the thing was messed up (and judging by the pic it was very messed) and they bought by buy now, then buyer beware |
Myth (110) | ||
| 478724 | 2006-08-15 20:25:00 | wis he taking you on?? If it was sold as an auction the consumers guarantees act doesn't apply meaning the only thing he can try & take you on is the contractual remedies act.....you specified the faults & condition so your fine. I've been down this road before when selling an old 2nd hand car & when i sought legal advice I was told they wouldn't have aq leg to stand on! Cheers KiwiMR2 |
KiwiMR2 (6464) | ||
| 478725 | 2006-08-15 21:17:00 | You need the original TM ad to show. If thats what you showed on TM then its buyer beware. I sure wouldn't buy something with a display like that and expect it to work. I might buy it and fix it if I thought I could. I bought an HDD once that the guy did not say was dead, he said he had problems formatting it but wasn't sure if it was s/w or h/w. I took the risk. Didn't complain because I chose to buy it and see if it was fixable or not. Same thing here I think, if he was shown that screen. |
pctek (84) | ||
| 478726 | 2006-08-15 21:51:00 | I too purchased a dud HDD off someone on trademe. It was stated as not working correctly which I took the risk of doing. I'm not complaining, perhaps that guys father should have a Kit Kat |
bob_doe_nz (92) | ||
| 478727 | 2006-08-15 21:56:00 | It will partially depend on whether or not you answered any questions of clarification on the Q&A section. I think the photo makes it pretty clear what the problem is - and you had stated that in your auction. It is also important to note that the buyer has broken Tradme's terms and conditions, and in fact, was legally not allowed to "win" that auction because he/she cannot enter into a legally binding contract. The reason such legislation exists is because people under 18 are not considered responsible enough to make the right decisions - this is a case in point. I don't know whether this will help your side of the argument though. Just out of curiosity - are you over 18?? My only advice is to make sure you are honest and argue the fact that you stated the problems which the iPod had, showed a photo of it, and the buyer decided that it was fine, and chose to bid for it. Be wary that you are not intimidated or bullied by this guys' father at the tribunal though - as far as I can see, you haven't done anything wrong. |
somebody (208) | ||
| 478728 | 2006-08-15 22:41:00 | I reckon he doesn't have a leg to stand on. "After weeks of nothingness" is important, because adjudicators take a dim view of people who litigate before trying to resolve the issue themselves. Be sure to take as much document evidence as you can, including a good quality colour print of the image that was in the advert. Print any and all email correspondence. Write down in listed date order all the events. You're always going to win this if you're well prepared and stick with the facts. Keep in mind too the fact that he hasn't returned the item, so whatever condition its in now may be worse than what it was when you sent it. Let us know how you get on. |
Greg (193) | ||
| 478729 | 2006-08-15 22:43:00 | How long do TradeMe keep ads on their site (after they are completed)They stay there indefinitly, with the exception that the sale price and any images are removed after 60 days (for some stupid unknown reason). | Greg (193) | ||
| 478730 | 2006-08-15 22:56:00 | Saves space really Greg, me no think server can handle lots of images | bob_doe_nz (92) | ||
| 1 2 | |||||