Hi all, i have recently bought a mobile phone from a seller through gumtree.sg.
In his ad, he states that there is warranty. Below is the ad.
However, when i send it in to HTC, they told me it was an export set and that there was no warranty.
How can i take legal actions against this person?
Before you bought it, did you check with the seller if it was an export set?
did tt person give u wty card and receipt?
I did not and i know i am at fault for this.
But he assured me there is warranty, and i did not know that export set do not have warranty.
the ad stated got wty...
have u tried contacting the seller to ask/confront?
I tried smsing and calling but he no reply or no answer.
Used other phone number to call he heard my voice he put down the phone.
That means you got chopped, and there really is nothing you can do about it but curse and swear.
means he probably wasnt honest in the first place and dun want to take responsibility now.
so it's a LL case liao
no way to take legal actions?
because it seems to be a breach of contract?
got pay by paypal?
probably not right
contract as in B&W?
so u gonna spend money hire a lawyer to fight ah?
how much tt fone cost?
Is there a black and white piece of paper both of you signed for the above transaction? Did the buyer issue you a receipt for the purchase? Did you sign a letter of undertaking for the equipment with all the T&Cs attached?
If you answered "no"to all the above. What breach of contract is there? No paper, no case simple as ABC.
@ TehJarVu: nope paid in cash.
@FireIce: Phone cost me $450. Was thinking something like small claims tribunal? dun nid hire lawyer that type...
You go small claims tribunal also need documentation one lah. If everyone so free, small claims tribunal busy like no tomorrow loh. Please, even CASE, won't take your case.
no alternative? realli is LL suck thumb?
YES.
Get in contact with your seller and show your displeasure. But as you described, he couldn't care less.
now u can try "harassing" the seller until he relents
but i think it's not gonna get u anywhere
Thank you guys for all your prompt response. Really appreciate it.
I guess i am just suay...
global warranty also need some card paper document. as stated in the ad. so did he gave you the card or document? if he do then you can check the card or document serial number against phone serial number.
anyway its one sided story willlike to hear the seller's point of view.
i am also a seller of my own second hand used stuff and i have my fare share of silly, funny, sly 'buyers', some also operate in small groups to makr down prices. a lot shady ones, thru emails, asking whether you are at home or not, ask you for bnk account number , item cost only 2 dollars they willing to pay for delivery or freight.
you should know what you are buying and the item you should have, if on the spot it wasn't given you to you ust request foir it, otherwise you can don;t buy. and what's happening to the phone you need to send in for servicing. you spoilt it right?
TS take it as a lesson learnt and don't buy things online in future.
get those 369 kids to help u lah.. give them 50 if they can get back ur 450 lor...
@troublemaker2005: i did asked for a warranty card, but he said it is to be registered online. Bro, the phone next day auto reboot non stop. Have even 24hrs the phone got problem, confirm not my fault right. And if the seller has his side of the story, why he dun wan to reply my calls? Must be he guilty mah.
neber check the fone on the spot?
whatever phone even register online there will be a wrararnty card that states the phone is nder international warranty. if manufacturers don;t do that they will never gain consumer's trust. you should insis ask for the card to be given to you. on the card it will state that you need to register onlie with your COO and personal details. the cad need not be filled up you just need to retain it and quote your ref card number if reqired to. this is very importatnt esp of electornics second hand stuff you buy. its the only assurance you have aginst defects becaue you will never know how the passt owner handled it. no one will entertain buyers after sale 1 most of the time. so i suggest a lesson learned next time more asspensive tems just buy from trausted source or get from shops.
i do know of people who will pay for whatever service cos. these sellers are 'pro' sellers. occasionally they will sell cheap defective goods and when got problem will respond and pay for service charges. this to build up theiur reputation so that more second hand buyers will buy from them.
seeleres and buyers all got lots fo tactics one. so in the secoind hand market there are risk you have to accept. don;t believe just watch my favourite CD-pro2 video Wu Jian Dao.
add: assuming the set was good when the seller sold to you that may be thre reason why he won;t bother to reply you. like i wrote its one sided story we must hear 2 sides. you see in forum where all are srangers its unlike you with your group of friends you say what they will believe. that's why you have to bring to legal neutral party to slve, otherwise you just have to accept the fact and the risk possibility in the opne second hand market.
i also ever encpiunter before. sold stuff to a guy later he call me claim the defect irreversible. i asked him again if its irreversible how did i reversed it and sold to him? moreover when he test the unit on the spot i already saw how he handle the item and i also warned him many time when he testing not to do the way he operate and follow procedure cos its in the instruction manual and precautions he still act smart.
Originally posted by washer87:Hi all, i have recently bought a mobile phone from a seller through gumtree.sg.
In his ad, he states that there is warranty. Below is the ad.
However, when i send it in to HTC, they told me it was an export set and that there was no warranty.
How can i take legal actions against this person?
Go look for a lawyer to ask for legal advice. Some give free legal advice for 1st consultation so it's no harm going through the trouble to find out your odds and costs of winning the case.
It's cheaper to get the lawyer to craft a legal letter to the scammer to demand refund than to go through any small claims tribunal process.
But I haven't done this before, so I'm just suggesting it's something you can explore if you wished.
Have you reported the Ad on the gumtree.com.sg for fraud by clicking on the "Report Ad" button?
No harm in doing that.