Gumtree Phone Storage Wrong

puzzles2 on 29/05/2018 - 21:50

Hey, I recently bought an used Pixel XL phone from gumtree. The person said it was an 128gb storage phone and I bought it under the impression that it was. I was an idiot and checked everything except the phone storage and it turns out that the phone was actually a 32gb version. I have texted the person asking for a refund but she has said that she won't accept a refund. I met at their house and have their phone number, is there anything I can do?

I have text messages and proof that she said it was 128gb on her AD but she's using some excuse that she thought it was 128gb because it was her ex's that passed away or something of the sort.

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Comments

  • coxjon on 29/05/2018 - 21:56
    +6

    I believe the onus is on you as the buyer to check the product before sale. While she's being a [REDACTED] she does not have any obligation to refund you
    :(

  • RyanMK on 29/05/2018 - 22:00

    You can be persistent and turn up at the house with a imposing looking friend and hope she gives in.

    Or you can just write a letter of demand and have it sent to her address under registered mail. Hopefully it will scare her into action. State in your letter than you intend to take the matter further if she does not take the appropriate corrective action within X days. You should be able to find templates online.

    In all honesty though, if she stands her ground and call your bluff, you're probably out of luck. For example, who is to say you have not swapped the phones?

  • Quantumcat on 29/05/2018 - 22:01

    You can't do anything about it. If you try there's a big risk it'll come back worse on you. You should have checked when you bought it. The only legal means would be to take her to small claims court but that would probably cost more than you would gain.

  • garetz on 29/05/2018 - 22:02
    +2

    Its always on the buyer to make sure you are getting what you paid for, if you picked it up in person, then payed the money, its a done deal at that point.

  • hogwarts on 29/05/2018 - 22:04
    +2

    I'd say leave it, people on Ozbargain have had much bigger losses than you. Not saying that what she did was right, but it was your mistake. Take it as a cheap life lesson.

    • puzzles2 on 29/05/2018 - 22:16

      Yea at the end of the day life goes on, it was most definitely my fault. I was just hoping that she would be somewhat decent about it considering she lied in her AD. I'll be sure to be more careful next time, I've had many gumtree deals before and they've never been bad, but seems I was too gullible this time. Thanks for the advice :)

  • FireRunner on 29/05/2018 - 22:11
    +2

    Gumtree has no buyer or seller protection and if seller refuses to take item back, theres nothing you can do.

  • puzzles2 on 29/05/2018 - 22:14
    +1

    Seems I've made a mistake, I'll just take it on the chin and try to sell the phone and make a small loss. Tbh I'm not too upset about the monetary loss, more just upset about how she acted about it. I understand that it was my fault but I wished she could have tried to be a decent human and refund it, I'd have done the same if I misled people on my AD, intentional or not.

    Maybe I'm wrong about it, sorry for the rant, just wanted to rant about how I felt about the situation. Thanks for the advice guys.

    • Rukiata on 29/05/2018 - 22:34

      keep; calling her?

      • puzzles2 on 29/05/2018 - 22:39

        She blocked me lol

        • Rukiata on 29/05/2018 - 23:46

          use another phone lol

  • [Deactivated] on 29/05/2018 - 22:14
    +1

    Text her and tell her, "see ya next Tuesday".

    May require alternative spelling for intended effect

  • [Deactivated] on 29/05/2018 - 22:32
    -1

    Maybe request a $100 refund, then resell phone and move on.

    • puzzles2 on 29/05/2018 - 22:39

      Tried that, she wasn't having any of it. She simply said "it's a very troubling time for me please stop messaging me, just put an SD card in". I told her it's not possible to put an SD card in and she said she would just block me. So looks like that's how people act nowadays.

  • pegaxs on 29/05/2018 - 22:38
    +2

    Caveat Emptor?

  • Axelstrife on 29/05/2018 - 22:38
    +1

    TBH if i listed and sold a phone and the buyer checked it all over as you said you did and then i got a message asking for a refund i'd tell you to f off too for wasting my time.

    People make mistakes in there listings and you had a chance to look it over and was fine with it and now you expect someone to refund you after you took the item home doing who knows with it while the seller would have to waste another few days to try and sell it again. this isn't a perfect world but they made a mistake in the listing and you had the opportunity to check over the phone before you bought it and failed to do it correctly.

    Besides a used Pixel XL the difference between 128gb and 32gb in price is probably only like $50

    • puzzles2 on 29/05/2018 - 22:46
      +3

      I messaged her about 20 minutes after I left so I didn't really do anything with the phone.

      Dunno, personally that seems like a bit of a dick move. If it was me I'd give the buyer a refund, I know it's their fault but still imagine how they feel thinking that they got a 128gb phone but really got a 32gb phone. Personally I wouldn't screw someone over and shit all over their day just for $50, but that's me.

      I respect your opinion however and I understand that it's my fault, moneywise I have forgotten about it. It's not a big loss as I can resell the phone and I'm willing to take a small monetary loss (~$50) for my mistake. I'm just upset about the morals of the whole thing and that there had to be conflict between me and the seller. Alas, as you say it's not a perfect world.

  • wombok2 on 30/05/2018 - 00:28

    If it was considerably cheaper than other sellers, I'd cut the lost.

    But if it was market price and it really was within 20 minutes that you found out, I'd demand back a refund.

    While you should really check before you buy, 32GB and 128GB is a fairly big difference.

    • puzzles2 on 30/05/2018 - 01:10

      For a 128gb phone it was considered cheapish, for a 32gb phone it was expensive. Honestly at this point I dont think demanding a refund is going to work and there doesn't seem to be any other way to get my money back with how stubborn she is :(

  • AlienC on 30/05/2018 - 02:45

    Just have to call it a loss I'm afraid. Just be happy it wasn't a bigger loss. Still burnt from a bad iPad pro 10.5 deal that never came. Still chasing the money to this day. It happens but don't try and let it sway you from future deals just try I guess be smarter?

  • Ryanek on 30/05/2018 - 08:04

    Case of buyer beware.

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