Purchased PS2 on Facebook Market Place. Console Not Working. Can I Take Them to Small Claims Tribunal?

Aerith-Waifu on 31/08/2021 - 17:22
Last edited 31/08/2021 - 18:20 by 1 other user

Just wondering if anyone has made any small claims against anyone?

I recently purchased a very limited edition console in unused condition. I checked the item at the time it was in a brand new condition and sealed, when I opened it looks just like new with all the wires still with tags on it and not one bit of scratch.

When I get home to test out the item it is not only not in working condition, it was also modified (jail break) and it can't play genuine games.

I know its my fault that I should have tested it on the spot, but I didn't want to go into their house to charge up the console as they have two big dogs and I am bit scared of the dogs.

Anyway they are now denying they ever sold the item to me despite the fact I have the receipt with their number and house number and address on the receipt. They also claim when they sold to me it was in the new condition and I am the one who changed the console to jail break one.

The console is $480 in value.

Question becomes:

I know if I were to take them to a small claim tribunal its their words against mine. However I think regardless what happens I still want to have a try as its a matter of principle. Yes it will cost me a bit more to take them to the small claim also.

If I were to take a polygraph test and go to the court to prove I am telling the truth and not lying. Would that up my chances of winning my case?

Anyone has any similar story to share?

Thanks many.

Gaming

Comments

  • Hybroid on 31/08/2021 - 17:24
    +7

    Nope. It's buyer beware and all on you unfortunately. Zero repercussions to the seller.

    I know its my fault that I should have tested it on the spot

    That seals it. Lesson learnt.

    • Aerith-Waifu on 31/08/2021 - 17:26

      No chance of winning at all at the small claim you reckon even with a polygraph test provided on my end to proof I was not lying?

      • Hybroid on 31/08/2021 - 17:27
        +3

        I don't think so. No different to buying a lemon car off a private seller. Once you've paid and drive off, it's your problem.

        • Aerith-Waifu on 31/08/2021 - 17:28

          I see. Still like to hear other's story if they can share, the result, the case, the verdict.

          • Hybroid on 31/08/2021 - 17:31
            +5

            @Aerith-Waifu: Sure. Also, from basic quick search:

            The admissibility of evidence derived from a polygraph machine is generally not considered valid by Australian courts.

            Might be worth checking that out for your state in particular.

      • freefall101 on 31/08/2021 - 19:08
        +1

        lol, polygraph test. Even if you could find some way of getting a certified test done, I'm sure it would cost more than $500.

        Does the receipt you have list them as a business or some kind of trading entity? Contact Consumer Protection in WA, follow this checklist for the process - https://www.commerce.wa.gov.au/consumer-protection/consumer-…

        Document everything as well, make sure to keep all your emails. Honestly, usually this stuff never works out well. If you're buying, never pay cash. If you're selling, always take cash. It's a tough situation trading on gumtree.

  • Hithere on 31/08/2021 - 17:35
    -6

    they are now denying they ever sold the item to me

    They also claim when they sold to me it was in the new condition

    So which one is it? Get your story straight if you want to be believed.

    • waterbottled on 31/08/2021 - 17:49
      +1

      I believe the second quote was made by the seller "when they sold it to [the buyer]" at the time of sale.

    • Aerith-Waifu on 31/08/2021 - 17:50

      Both!

      First time I SMSed them and they said they never sold me the console.

      The second time I SMSed them they said I jailed break it myself, this is after i sent them the original receipt they left in the bottom of the console with their names and address on it without knowing it was there. I also didnt know until I took everything out.

      • try2bhelpful on 31/08/2021 - 17:57
        +3

        You might have a chance given they have, already, lied about not selling it to you then said it was in good condition when the sold it. It might not be worth going through the process but you could threaten them with taking them to the small claims tribunal. Point out their contradictory comments aren’t going to look good at the tribunal. Was this through eBay?

        • Aerith-Waifu on 31/08/2021 - 18:05

          FB Market Place…….

        • Wystri Warrick on 31/08/2021 - 19:02

          Yeah I thinks that's OPs best shot. Bluff them with taking it to the small claims court. like t2bh said point out the contradictory comments, and tell them they have 14 days to respond or you'll start the process to take it to court.

  • brendanm on 31/08/2021 - 17:38
    +21

    If I were to take a polygraph test and go to the court to proof I am telling the truth and not lying. Would that up my chances of winning my case?

    You can't be serious.

  • wei13 on 31/08/2021 - 17:40
    +7

    I have no idea what happened.

    However, as a seller, I could also have sold a new sealed console , and the buyer broke it by trying to jail break it and now wants their money back.

  • raptormesh on 31/08/2021 - 17:47
    +2

    No way to reverse the jailbreak? This is usually possible.

    • Aerith-Waifu on 31/08/2021 - 17:51

      You can???? I might look into that! Thanks

      • TilacVIP on 02/09/2021 - 21:26

        Talk to someone that does PS2 mods? Let me know if are in Sydney, I can put you onto someone, but I'm guessing you're in Melb.???

  • randomusername2017 on 31/08/2021 - 17:49

    Where was it purchased?

    • Aerith-Waifu on 31/08/2021 - 17:50

      Mine is a PS2.

      • raptormesh on 31/08/2021 - 17:53

        Then it's a modchip that can be removed but will require you to open the casing and possibly use a solder.

        $480 for a PS2 is kinda pricey oof.

        • Aerith-Waifu on 31/08/2021 - 17:55
          +2

          I better youtube this. Thanks.

          I like collect old consoles in new or near new condition, I have psp, dream cast, ps1 and the first gen gameboy advance all in brand new condition. PS2 is something I always wanted to get.

        • randomusername2017 on 31/08/2021 - 18:04

          Limited edition sealed are worth around 1K to collectors.
          Begs the question why you would want to use it if you paid a premium for a collectors item..

          • Aerith-Waifu on 31/08/2021 - 18:08
            +1

            @randomusername2017: I keep all my console in premium condition, I really like retro gaming, not so much of the new ones. So yeah I buy them and play games on them rather than let it sitting in a shelf doing nothing:)

  • ItsMeAgro on 31/08/2021 - 18:26
    +2

    If this is a brand new console, whose to say the seller ever opened it either? Maybe the guy he bought it from modded it and told the seller it was brand new, and the seller just never used it. Many collectors won't open a brand new console in their collection for fear of reducing it's value.

    So proving you are telling the truth does not prove any wrongdoing by the seller.

    Best bet is to look into how to remove the mod chip, I reckon.

    • Aerith-Waifu on 31/08/2021 - 18:29
      +1

      well, he did have the original receipt with his name and address on it so he is original purchaser no doubt.

      I will see if the mod chip can be removed so I can use this thing. Thanks

  • Muzeeb on 31/08/2021 - 18:52
    +3

    Troll post for sure.

    Reads OP's post history

    Disregard. This shit is legit.

  • Sergeant Salami on 31/08/2021 - 18:53
    +7

    That makes no sense. The PS2 modchip was meant to allow copied games and original games to work. I rekon something has gone wrong with the soldered on modchip or wiring. Should be an easy fix for someone who knews what their doing. It sounds like the guy you bought it off got scammed first and hadn't opened it so now you've inherited the problem.

    • Aerith-Waifu on 31/08/2021 - 19:44
      +8

      You are the life saver!!!!!!!!!!!!!!!!!!!

      It was not the chips or the console, it was the cable which is faulty! I just bought a new cable from my local shop ($20) and the console works fine!

      I bet the seller also didn't know it was the cable which is faulty all along and not the console!

      Thanks heaps!!!!!!!!!!!!!!!!!

      • AustriaBargain on 31/08/2021 - 19:47
        +1

        Also see if you can figure out how to burn games to disc or load games off a hard drive or whatever, while you're at it.

        • Aerith-Waifu on 31/08/2021 - 19:54
          +1

          Oh I have no idea how burn game works. I have at the moment 13 games on PS2 I want to try! First one is Dirge of Cerberus! But I will look into it later! Thanks

          • GaryQ on 01/09/2021 - 10:21

            @Aerith-Waifu: I still have dozens of burned games for the PS2 - hit me up if you'd like some

            • Aerith-Waifu on 05/09/2021 - 23:21

              @GaryQ: its ok, I prefer to keep the original game with booklet and everything. but thanks anyway

      • Jimothy Wongingtons on 31/08/2021 - 19:53

        While I’m happy that you managed to get it working at least, still insane to pay over $400 for a ps2 unless it was some super unique version ?

        • Aerith-Waifu on 31/08/2021 - 19:57

          Altogether its $500 with the cable!

          Its a bargain actually as for brand new or near new console many are selling on eBay for around $1500

          Its the limited edition pink ps2 console, same as this!

          https://www.ebay.com.au/itm/PlayStation-2-ps2-console-Pink-b…

          • Jimothy Wongingtons on 31/08/2021 - 20:01

            @Aerith-Waifu: Ok that’s fair. I thought it was just some bog standard ps2 like man pretty sure I gave away my mint condition modded one like 15 years ago now.

            Can I just say takes some real balls for a seller to sell a known faulty/ incorrectly described item face to face. Whenever I sell something whether it’s $5 or $5000 I always make sure to list everything straight up from a small nick to anything that could be even remotely ‘off’ from mint condition. Last thing I need is buyer taking revenge.

          • freoleo on 06/09/2021 - 16:24

            @Aerith-Waifu: Can I ask why you bought a brand new PS2 to open it though?

            I see pink ps2s generally available every month or so for $100 or less, whats the point in buying a new one and wasting so much money if you are using it to play instead of collecting?

      • cameldownunder on 31/08/2021 - 20:04

        LOL

      • SF3 on 31/08/2021 - 20:39

        Time to 🔒 then.

      • try2bhelpful on 31/08/2021 - 23:18

        Glad it worked out for you.

      • whatthecrappin on 01/09/2021 - 18:33

        im interested - what cable was faulty?

  • onetwothreefour on 31/08/2021 - 23:09
    +4

    Make sure you let the seller know that you fixed it cheaply and have since sold it on eBay for $1500. That will teach him for being a dick.

  • Ade99 on 01/09/2021 - 07:43

    caveat emptor. ……."as seen tested and approved" . Sorry

    • weezlebub on 03/09/2021 - 10:11

      doesn't that mean "buyer beware"?

  • Kayrhcp on 01/09/2021 - 09:30

    You know where the guy lives. Go buy some eggs. It’s all you’re gonna be able to do.

  • OzHunterNSW on 01/09/2021 - 10:00

    Gee, I've got a perfectly basic NEW PS2, I didn't know they were worth so much. It's in pristine condition.

    As for this guy, YES, and it is a simply process.

    If you open the case, it is they who are on the back foot. It is they who have to disprove your allegations.
    You present your evidence to back up your claims, and they have to prove they never SCAMMED you.

    The Tribunals tend to support consumers, so immediately, they are on your side.

    You would be essentially suing for your money back, and compensations for out of money expenses.

    Contact Dep of Fare Trading, and your State (NSW is NCAT) Tribunal. Go on the their web site for CODES.

    You will cite Breaches, such as s101 of the 1984 Act, etc, and it is this ACT that your are fighting under, to prove.

    • Aerith-Waifu on 05/09/2021 - 23:24

      Oh yeah, even PS2 game in good condition is worth that much. All is working now so I am happy:)

  • SirFlibbled on 01/09/2021 - 12:30

    How did you buy it? Was it a marketplace post? On Ebay etc?

    Yes you can sue them. There was a contract, you even got a receipt. The question is whether or not they promised a working PS2 or not and that's going to come down to what they advertised and how they represented the console.

    'Like new' would imply it it working. If they made those statements in writing, then yeah I'd go them.

    but just remember that going to small claims is going to cost you time and money.

    • Aerith-Waifu on 05/09/2021 - 23:26

      FBM is where I got it from. Yeah lucky its all sorted with the new cable, enjoying the machine as we speak:)

      • SirFlibbled on 06/09/2021 - 09:04

        For future reference, when something is a little exxy - save a copy of the advert before picking it up. It only takes 2 seconds but if you need to sue them then this is the best evidence you'll have.

  • DASHCAM NOW DUDE on 01/09/2021 - 21:53

    This guy, accusing the seller of fraud. Didn't bother checking the machine properly. The worse type of buyer.

    • try2bhelpful on 01/09/2021 - 22:32

      Actually there are a lot of other things that would count as the worst sort of buyer. Up to, and including, providing counterfeit bank notes or stealing the goods by threatening the seller with a weapon.

      The seller should be providing a product that is as described. The actions of the seller, afterwards, tends to indicate he knew the device was faulty when he sold it.

      Sometimes it is hard to test something like this when you pick it up. Setting up your full fig in someone’s front yard might be a tad inconvenient.

      Frankly I would never buy something advertised on Facebook.

    • outlander on 02/09/2021 - 21:48

      If the item was sold as 'new' but had been modified, doesn't that say it all?

    • Aerith-Waifu on 05/09/2021 - 23:24

      Bro! Its modified! How is that even considered new????

  • kiitos on 03/09/2021 - 09:02

    I'm confused, so is it modded? Or did you think it was because of its behaviour with the faulty cable?

    • Aerith-Waifu on 05/09/2021 - 23:23

      It was the cable, I got everything working now. Just played 5 hours of Dirge of Cerberus on it and its an awesome game.

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