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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I advertised a used leather suite on the Donedeal

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I advertised a used leather suite for sale on the Donedeal webpage in January priced at €480. I received a phonecall from a lady who wished to purchase the suite. During our conversation we agreed on a price of €400. She did not have the money to buy the sofa at the time and explained that it would be a few weeks before she would come to collect it. She arranged for a man to collect it for her accompanied by her husband as her representative. She did not at any time come and view the suite herself. They arrived on Fri 12th Feb and collected the sofa. I asked her husband to inspect the sofa to make sure he was satisfied with the purchase prior to taking it. He said he was satisfied and he paid me €400. I returned €15 to him as a lucks penny. On Mon 15th the lady phoned me and said she was unhappy with her purchase as the cushions were not deep enough and that it was uncomfortable. I asked her to return it pointing out that she should have come to view it prior to purchasing it. I told her that her €385 was still here and on the return of the suite that I would repay her the money. She complained about the cost of returning the suite and that I should return her €185. I said I would return her money on the return of the suite provided it was in the condition it was in upon collection from me. On Wednesday 17th Feb she telephone me again and said that there was a smell of cigarette fumes from the leather suite. I told her that neither myself or my husband smoked but that there was a stove in the room in which the suite was in. My mother who was a smoker who visits us on the rare occasion smoked on the decking off this room and if there was cigarette fumes that that was the only explanation I could give for this 2nd problem she had. Again I said I would return her money on return of the used suite. She did not seem satisfied with that suggestion either. Here is a copy of the communication which followed by text. As you can see I have not replied to the last two texts.
Hi Pauline, (recieved 18/02/2016 @ 13.12)
Alita here. I am organising delivery of the couch to you with Man with Van. Please pay him 100 euro of my money and rest , 285, in my bank account.
I will text on bank details. He thinks he can do it tomorrow.
I am disappointed but this is the honest solution as I do not want to sell couch with cigarette fumes in it.
Alita
(sent 18/02/2016 @ 14.21)
Alita,
Regarding delivery of the suite we will be here until 12 noon tomorrow. We are leaving to go on holiday. I will only accept delivery up until that time. I will not be getting into any dealings with your delivery man as the arrangement of payment to him is solely your responsibility. The €385 will be refunded in person on delivery to you or your representative, providing the suite is in the condition in which it was in, when it left here. This is a gesture of goodwill on my part to accept the return of the suite from you and if you wish you can check out your consumer rights regarding the purchase of used goods on http://www.consumerhelp.ie/second-hand. You can see that you have no consumer rights at all. I do not want any further communication from you regarding this matter.
(recieved 20/02/2016 @ 11.41)
Pauline,
First and most important of all I have a right to be told the truth in all matters including in the case of sale of items. You held back on the truth and as a result
Alitamy money is in your house and your couch that smells of cigarette smoke is now in my garage. I will give you the benefit of the doubt- you didn't realise the impact of the cigarette smoke in your house. It is not right for me to sell this couch with cigarette smoke to anyone. I am dumping the couch in the back garden.
(recieved today 26/02/2016 @10.27)
Pauline
It is obvious that your couch has absorbed, I don't know how many years, cigarette smoke. I am entitled to 185 compensation as I can neither use or sell and even then still out money.
I wish to get your advice on this situation as I want this matter resolved as soon as possible.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Is it 185 you are short by?Alex
Customer: replied 1 year ago.
No I am not short. I recieved the amount of €385 upon selling the suite. She wants compensation of €185 as she says she is out money but she did not return the sofa to me. I offered her the full refund if she returned the sofa. This has not happened. I am not in business. This was a private sale.
Customer: replied 1 year ago.
Can you advise me please on this situation?
Expert:  Ash replied 1 year ago.
Then no, you do NOT owe anything. You only owe a refund if the sofa is returned. You dont owe it otherwise so dont have to pay.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Thank you for your response. Consumer.ie told me the same but I wanted this clarified.
Expert:  Ash replied 1 year ago.
Yes. Good luck and I hope it helped.AlexIf this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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