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Selling something second hand
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post Sun, 25 Feb 2024 - 14:01
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A couple of weeks ago I sold a record player to a lady. i delivered the record player to her home. The record player was fully serviced and warranted for 1 year from me.

Not that it matters but i spent a lot of time refurbishing the record player to make sure it was in tip top condition.

I told her I have another record player and she said she'd take it, now I think she's changed her mind.

I showed her a picture of it but only of the inside, ie with the lid up,

A couple of days later she text me to say she didn't like it because its got a wooden lid.

She now claims that because I didn't give her a picture of the whole unit and its within 14 days she's entitled to her money back.

There is nothing wrong with the player, she just doesn't like the style.

She is now claiming that the record player was made in 1949! It wasn't it was made in 1964/5

Where do I stand with this?
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post Sun, 25 Feb 2024 - 14:01
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Sparxy
post Sun, 25 Feb 2024 - 14:21
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QUOTE (Korting @ Sun, 25 Feb 2024 - 14:01) *
A couple of weeks ago I sold a record player to a lady. i delivered the record player to her home. The record player was fully serviced and warranted for 1 year from me.


Are you a business / trader selling record players? The fact you serviced it and warranted it suggests you may be.

How did the lady pay? Did she pay after you brought it over, so she could look at the goods before purchase, or before?

AIUI If she purchased it remotely, and you're a trader, I think that the DSRs will apply, so yes, she can cancel the contract. However, in that case, the purchaser is generally liable for the return postage/carriage cost (but the initial basic delivery cost should be refunded). If you have not provided all of the information required to the purchaser then you may be on the hook for more (extended time to cancel/change her mind!)

If you are not a trader, and just a private person selling a record player, then unless you deliberately lied or misdescribed the item, then she has no comeback at all. Caveat emptor.

Check here for further info: https://www.gov.uk/online-and-distance-sell...-for-businesses

This post has been edited by Sparxy: Sun, 25 Feb 2024 - 14:23
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post Sun, 25 Feb 2024 - 14:25
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QUOTE (Sparxy @ Sun, 25 Feb 2024 - 14:21) *
QUOTE (Korting @ Sun, 25 Feb 2024 - 14:01) *
A couple of weeks ago I sold a record player to a lady. i delivered the record player to her home. The record player was fully serviced and warranted for 1 year from me.


Are you a business / trader selling record players? The fact you serviced it and warranted it suggests you may be.

How did the lady pay? Did she pay after you brought it over, so she could look at the goods before purchase, or before?

AIUI If she purchased it remotely, and you're a trader, I think that the DSRs will apply, so yes, she can cancel the contract. However, in that case, the purchaser is generally liable for the return postage/carriage cost (but the initial basic delivery cost should be refunded). If you have not provided all of the information required to the purchaser then you may be on the hook for more (extended time to cancel/change her mind!)

If you are not a trader, and just a private person selling a record player, then unless you deliberately lied or misdescribed the item, then she has no comeback at all. Caveat emptor.

Check here for further info: https://www.gov.uk/online-and-distance-sell...-for-businesses


The lady paid by bank transfer after i delivered it and showed it to her working.

I am a sole trader

I did provide all the information to her
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mickR
post Sun, 25 Feb 2024 - 16:39
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in that case, as with purchasing anything retail eg from a shop, if you want to return an item just because you decide you don't like it, it's entirely up to the seller if they refund, credit note or simply refuse. assuming its not faulty.
do you have it in writing that she just doesn't like it?

edit, actually I'm confused are you saying you told her 2 record players?
she wants to return the second? or the first?
did she see that one before she paid ?

if she saw either/both before she paid then my comment above stands

This post has been edited by mickR: Sun, 25 Feb 2024 - 16:45
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post Sun, 25 Feb 2024 - 17:35
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It's one record player, she didn't like it so I said I'll swap it for another, then she said mine were too expensive!

She's told me she's sold it and lost £150 because of it but thats her problem.

Thank you all for your help.
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Sparxy
post Mon, 26 Feb 2024 - 02:31
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QUOTE (mickR @ Sun, 25 Feb 2024 - 16:39) *
in that case, as with purchasing anything retail eg from a shop, if you want to return an item just because you decide you don't like it, it's entirely up to the seller if they refund, credit note or simply refuse. assuming its not faulty.


Only if it wouldn't have been classed as a distance sale, esp if >£42. If it was a distance sale, then yes you CAN return something just because you don't like it... but you need to pay for return shipping, not necessarily the retailer.
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Slapdash
post Mon, 26 Feb 2024 - 08:57
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QUOTE (Korting @ Sun, 25 Feb 2024 - 17:35) *
It's one record player, she didn't like it so I said I'll swap it for another, then she said mine were too expensive!

She's told me she's sold it and lost £150 because of it but thats her problem.

Thank you all for your help.


At what point did she sell it ?

If it was before the complaint then there was no way you could exchange or refund anyway since it was gone to someone else.

If it was after the complaint and it was done without your agreement it still prevents you from getting your goods back to refund and sell on.



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mickR
post Mon, 26 Feb 2024 - 11:03
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QUOTE (Sparxy @ Mon, 26 Feb 2024 - 02:31) *
QUOTE (mickR @ Sun, 25 Feb 2024 - 16:39) *
in that case, as with purchasing anything retail eg from a shop, if you want to return an item just because you decide you don't like it, it's entirely up to the seller if they refund, credit note or simply refuse. assuming its not faulty.


Only if it wouldn't have been classed as a distance sale, esp if >£42. If it was a distance sale, then yes you CAN return something just because you don't like it... but you need to pay for return shipping, not necessarily the retailer.

QUOTE (Korting @ Sun, 25 Feb 2024 - 14:25) *
The lady paid by bank transfer after i delivered it and showed it to her working.

I cant see how that could be classed as distance selling
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mickR
post Mon, 26 Feb 2024 - 11:15
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QUOTE (Korting @ Sun, 25 Feb 2024 - 17:35) *
It's one record player, she didn't like it so I said I'll swap it for another, then she said mine were too expensive!

She's told me she's sold it and lost £150 because of it but thats her problem.

Thank you all for your help.


you haven't said what the reason was for offering an exchange player??
you said earlier she didn't want it the exchange due to a wooden lid, now it was to expensive. ??
the only argument I can see is that the one you exchanged it with wasn't viewed before delivery. it had already been paid for in original transaction, so possibly, Sparxy's theory of DSRs may apply to the exchange as it wasnt a like for like item, but wouldn't have done to the first one you delivered.
as she's sold it I can't see what grounds she has for any complaint now tho.
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andy_foster
post Mon, 26 Feb 2024 - 15:23
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Without reading the DSR, it would seem that the effect (when applicable) is to defer "acceptance" by the consumer. Absent something particularly contrived, selling the item would seem to constitute acceptance. And, as already mentioned, you can't unwind a sale when the item has been sold on.



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Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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post Thu, 29 Feb 2024 - 19:06
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When this lady contacted me, I showed her three record players from the 1960’s. She chose a Pye stereo record player. This record player was serviced, all small electrolytic capacitors were replaced, the record deck was completely stripped, cleaned and then relubricated as it was reassembled.

I then delivered the record player to her, set it up and demonstrated it to her. She paid me the asking price by BACS.

A week later she contacted me by WhatsApp. She said that the record player did not fit in with her decor. She also said that she was told it was from 1949, not 1965!

I offered to exchange the record player with a Hacker, which at the time was one of the best record player at the time. However the Hacker is a mono player, requiring an add an amplifier to make it stereo.

She then told me she can get a similar player for less money.

She then told me that she sold the record player but lost £150 on it. Which of course means i don’t have to refund anything.

As an aside I recently serviced a similar ‘refurbished’ record player bought on eBay. It was in a bad way, it had never been serviced save for a new mains cable and a squirt of oil! It needed a lot of work, parts replaced, the deck stripped cleaned and re-lubricated. It took hours and cost its owner a lot of money.

That’s what happens when you buy off EBay because there is no regulation.



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nigelbb
post Sat, 30 Mar 2024 - 10:29
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She lost £150 on the sale of a 1965 Pye stereo record player! I had no idea that they would have been so valuable. I'm sorry that I chucked out my old Dansette now. biggrin.gif

This post has been edited by nigelbb: Sat, 30 Mar 2024 - 10:30


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roythebus
post Sun, 31 Mar 2024 - 00:45
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How to date a 1949 record player, it's very unlikely to have the ability to play 45rpm and 33 and a third rpm records as they were in their infancy at that time, as was stereophonic sound. Also it would be very unlikely to have a lightweight pickup. I have a portable record player in my collection which can play 33,45 and 78 records but has a very heavy pickup. I wouldn't want to play an LP on it as the pickup design weight seems to be for vintage 78s! there's a lso a 1928 HMV radiogram in the lounge, it still works but needs a new mains lead. the electric record deck has worm gear drive and had never been greased! That has a very heavy pickup. There's also hole on the side to have a wind-up record deck with electric pickup! When I tried the radio some chap called Chamberlain was announcing "peace in our time".
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post Sun, 31 Mar 2024 - 23:44
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QUOTE (nigelbb @ Sat, 30 Mar 2024 - 11:29) *
She lost £150 on the sale of a 1965 Pye stereo record player! I had no idea that they would have been so valuable. I'm sorry that I chucked out my old Dansette now. biggrin.gif


Dansettes can fetch quite a bit of money. They were very crude but today youngsters love them.

QUOTE (roythebus @ Sun, 31 Mar 2024 - 01:45) *
How to date a 1949 record player, it's very unlikely to have the ability to play 45rpm and 33 and a third rpm records as they were in their infancy at that time, as was stereophonic sound. Also it would be very unlikely to have a lightweight pickup. I have a portable record player in my collection which can play 33,45 and 78 records but has a very heavy pickup. I wouldn't want to play an LP on it as the pickup design weight seems to be for vintage 78s! there's a lso a 1928 HMV radiogram in the lounge, it still works but needs a new mains lead. the electric record deck has worm gear drive and had never been greased! That has a very heavy pickup. There's also hole on the side to have a wind-up record deck with electric pickup! When I tried the radio some chap called Chamberlain was announcing "peace in our time".


Please DO NOT try to use it as it is, there are several parts which must be checked/replaced before even attempting to plug it in.
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