Buyer 'picks up' leaves positive feedback and is now claiming item is not as described.
AnsweredWanting some advice given the TradeMe chat service seems missing in action. 3 weeks ago I sold a vintage (70yr old) pram that had some vinyl hood restoration done 20yrs ago (I've owned it for 15yrs and have done nothing with it). I stated in the auction the hood was 'fairing well' given its age and gave 16 clear crisp images out in the natural sunlight and included several of the hood and its non-perfect state. The buyer finally collected over the weekend after canceling several times, she was here for at least 30mins and the pram was in her view the whole time. I helped her load it when she struggled as it's heavy, and later that afternoon she left positive feedback (which hasn't been changed). Her plan was to restore it herself. I get an email the next day claiming the pram is not as described, she has emailed claiming everything from TradeMe saying I haven't given an accurate description; that I didn't let her put the pram in her car, that I lied about its condition, to the photos not showing it's true state, which they do. She is demanding a full refund including petrol money to return it. The dispute emails I keep receiving give me no recourse to give the full picture, or convey my fears she's tried to start restoring it and has ruined it, only to sort it out with her. What is my recourse?
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L Community Superuser
If you are confident the description and photo's are correct I would stick to your guns and decline the dispute. For a response It is as simple as no my description was clear and honest, the photo's depict the current fair condition described, the buyer viewed and accepted the item and gave positive feedback. Nothing more need be said. What the buyer may have done to it since is irrelevant.
It sounds like the buyer has 'changed their mind' and is trying to get around it as that does not support a dispute. The positive feedback also supports you as TM require negative feedback to be placed prior to lodging a formal dispute.
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Gary-NZStocked Community Superuser
I agree with what L says. To safeguard yourself for the future, I would also make sure you have a copy of the photos and description saved to your computer as it was in the listing, as the auction photos will disappear from Trademe after 45 days Saving a copy of the auction page as a PDF is a handy way to do this. This will be invaluable should the other party decide to go to the Disputes Tribunal.
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Thank you for your response, yes I do believe it was described and very clear photos. Will TradeMe give me the opportunity to give an opinion, as yet all I have been sent are 2 emails saying there's been a dispute raised and to work it out with the buyer? No timeframes, no what happens next, and no way to contact them. Will further correspondence with TradeMe be forthcoming? I am concerned I will be cornered by TradeMe giving an automatic refund via Ping as the buyer has said the ruling is I am in the wrong. This will leave me no recourse unless I take it outside of TradeMe (ie Disputes Tribunal etc). As you can see I've never had this happen before in my 17yrs on this platform and am unsure of the processes.
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Thanks, Gary
I do that as a precaution, great minds it seems, it's the health professional in me. I have copies of all correspondence, and photos including that of the auction itself. They have said they plan to lodge it with the Disputes Tribunal in the next 5 days if I don't refund the money (the auction was for $100 plus the $40 they are asking for petrol expenses). Thanks again for responding.
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WOW I feel so sorry for you Rochelle, this is turning into a classic "Shake Down" any New York Mafioso would be proud of.
The problem is the anxiety these situations create, unfortunately this is where the poor communication from T-Me comes into play, you don't know who they are backing, sounds like you have done all the right things, keeping evidence etc. so I really hope this works out for you. I sincerely do.
(Whenever a seller gets a win over an entitled buyer I always cheer a little!)
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L Community Superuser
Yes, I hope it turns out for you Rochelle. .You could possibly ask for photo's of the not as described 'problem areas' from the buyer. Make them work for it. Good comparison for how you sold it etc. You cannot demand a refund unless the item is in the same condition as when sold so ask for that proof. 16 photo's perhaps? Worked for me once. Never heard back again as it was rubbish.
The only way they would take it to Disputes Tribunal is if Trade Me turns them down. Then they have to ask TM for all the info. for forms etc. The court does frown on frivolous wastes of their time so IF it goes there they will likely lose out on court costs too. It is possibly also an empty threat and it's all a bit of a scam. All the best :)
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Thank you for the morning chuckle, Simon, it's made my day. I do agree it's a 'shake down' any NY Mafioso would be proud of. The unknown factor is definitely the predominant factor of concern here, the lack of ability to converse with TradeMe given the chat seems to read like tumbleweed in the desert. I do hope I get an opportunity soon and do not find my ping account is in debt or they've taken the money from my credit card without first talking to me.
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Thanks, L
I did ask for photos when she first told me of her disdain. Her issues are exactly what is seen in the photos in the auction, albeit her photos now make the hood look very faded. I've said it doesn't look in the same condition (faded) but she has not shifted from 'I haven't done anything to it.'
My assumption is as these prams in top condition are worth upwards of $2.5k US she saw the listing, asked for the suburb in a question, couldn't wait (adrenaline pumping) clicked, and paid 2 minutes later thinking she'd struck a deal of a lifetime and managed to take advantage of someone who didn't know what they were selling. The auction clearly states it's old and in fair condition, but I don't think she paid attention once that adrenaline kicked in. When she finally picks it up 3 weeks later gets it home and starts cracking into it she sees it's more work than she first thought and now doesn't want a bar of it.
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L Community SuperuserEdited
Ah well. Ignore the bluster and see what happens. Fading could be poorer photo quality? Surely can't fade that much in 3 weeks! If they wanted to restore it you would think they might have to consider sourcing replacement parts or fabric to do so. Good luck.
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Thanks, L,
Yes, I do acknowledge the fading could be from their poor image quality, she's not complaining about fading, I am. As it could certainly be from using chemicals trying to clean it, I only dusted and clearly stated it was all I'd done for fear of damaging it.
Didn't think I could ignore it given she's lodged a dispute with TradeMe, but at this point, I've disengaged in communication with her and will wait to see what happens with this dispute.
Thanks again for chiming in, I really appreciate it.
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So Rochelle.
What was the outcome of all this??
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Hi Don,
Well, firstly I never heard back from TradeMe. Not even to advise me of the outcome.
Neither did they reply to my 3 queries asking for said answer, or take a penny.
However, about 2 weeks after the last contact I had with TradeMe, the buyer did send an email saying she'd lodged a claim in the small claims court as I'd left her no choice.
So me being me. I immediately went to find out the process for such claims. I let her know I expected as part of the process a copy of the evidence she used, and once I'd received both her paperwork and the court letter, I'd be lodging a claim for wasting my time (not that I knew if that was actually possible).
Needless to say, I've not heard from either the courts or from her again.
Seems she finally realized her threats wouldn't work.
It was altogether the weirdest experience I've had on TradeMe.
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