Gumtree Fraud - Options

All right guys let me have it, I deserve it.

Item X advertised on gumtree, went and inspected and paid cash. Item ends up being a different model than what was advertised. Inferior in price.

Should I go to the cops or local magistrate ?

Related Stores

Gumtree
Gumtree

Comments

  • +71

    I don't think the cops or magistrate will do anything. You went to inspect the item and were happy with it. Sounds like a case of you not inspecting properly. What is it? Should it have been obvious that it wasn't the correct model?

    • +8

      Agree - A case of buyer beware

  • +11

    Sell on gumtree as model you thought it was

    • +1

      Problem solved /s

      • -5

        or get someone else to sell it as the model you thought it was, with any luck, back to the same person (who's no doubt now looking for the right one), lol.

        Very unlikely scenario, but would be a decent ironic outcome for the 'gummie' at fault.

        Unfortuantely, 'What goes around, usually sticks to the fan'.

  • +10

    As is where is. By inspecting it the onus was on you to notice this.

  • +38

    All you can do is play Violin.mp3 and move on.

  • +14

    http://www.longislandwatch.com/

    They have a large collection of watches, have a YouTube channel for comparisons and reviews, $5 flat rate shipping to Aus.

    • +17

      Sounds like a common mistake to me.

    • +3

      Are you sure it's fraud? What did you buy? Are you sure the seller wasn't just misinformed?

    • +8

      So launch a civil suit. Dennis Denuto or Lionel Hutz will be delighted to take it on.
      Mr. Simpson, this is the most blatant case of false advertising since my suit against the film 'The Neverending Story'.
      http://imgur.com/r/thesimpsons/pbMwx

      By the way, did you call the seller and tell him your problem?

    • Yes but you have no way to prove sale actually happened if paid cash.

    • +4

      Can you atleast tell us what you bought?

      • +2

        Advertising as shard, turned out to be 'lectric crystal

    • Fraudulent misrepresentation indeed.

    • +4

      Ok call in bikies then… Go go go

    • +1

      FFS you went and inspected then paid for it. That means you were happy with the product. I'd never go to Aldi and buy their special of the week only to return it starting fraud as it wasn't what was advertised… I picked it up… I made a choice… I bought it. Done.

    • +1

      Look out we have a baddass over here

      • It piss, sickening. Order 66.

  • +2

    How much are you out of pocket? Sounds like it would cost you more to pursue legal action.

  • +1

    Contact seller and ask for refund / partial refund?

  • +6

    I have been a gumtree user for years and yes there is man and women who don't honestly describe in their ads.

    e.g.
    1) Advertise shaver brand new when inspect its got his hair on the shaver….. ask him that this is not brand new and he said you want it or not? I said no and he walks away shouting wasted my time. Yes big time scammer with hopes that you will not inspect the item.

    2) Advertise PS4 pro brand new and not use when inspect it has got fan dust in it which shows that he has been running the console for a while…..again someone who hopes that you do not inspect.

    3) Advertise brand new not use washing machine when installing it, found out there is water in the machine already the problem was I didn't inspect it and got someone to deliver it for me.

    Note: Morale of the story there are scum and villainy in every part of the world you just have to "observant" in everything you do in life.

    My suggestion move on and learn from your lesson as you don't want to mess with the wrong people in life and take away your life for ahem a piece of material.

    • +30

      Yes there are poor sellers everywhere, but honestly, I find buyers are worse than sellers. Two instances i can pull off the top of my head where a buyer inspected an item and then decided "nah i dont want this" and tried to have me refund them. As long as you know what you want, inspect the item, dont wire money across the country, etc you'll be fine

      Vintage macro camera lens from Japan. Buyer comes over to inspect the lens, doesn't even bring their own (profanity) camera. I let her use mine, take some test shots etc as my camera was a FF with a better sensor than what she said she does at home. Theres a few dust spots, don't show up in photos. Shes happy, gives me the cash.

      two weeks later i get a message saying that the lens has too much lens flare and that its faulty. Its a flippin macro lens from the early 90s, lens flare is something you deal with and something that really has zero effect in macro photography…Obviously i told her no to a refund as it had been two weeks and she claimed she "took the lens out for a trip."

      Some teenager shows up to buy an iphone 5 i was selling. Phone has a shit battery, lasts like 2 hours tops. He is well aware of this and I tell him at least 3 times in person about the battery life. The price was around $100, about 2 years ago for a mint iphone 5 with a simple battery issue.

      Next day i get a call from the kid, he wants his money back. I say no. 30 min later i get a call from a private number, i pick up. Its this kid claiming to be a police officer lol

      • +42

        I like the part the kid claiming to be a police officer lol

      • +12

        Should've told the kid you have that call recorded, and you will submit this to the actual police as proof he's impersonating a police officer.

        See if he shits his pants or calls you ever again.

      • +4

        What about all the jerks that want to pay you a fraction of the advertised price?

        • +2

          and call you a bedwetter if you dont accept a low ball offer.

        • on average, i rkn my items get offered about 40% of the original asking price. I just ignore them.

      • +19

        Not to mention all the fu#*#g times a buyer contacts you agreeing to purchase the item and will pick it up the next day, and never to hear from them again.

      • +6

        Agreed, I've had the old "oh no I didn't bring the right amount of cash, will you accept less?" at my front door.

        Yeah nah piss off

    • Not saying this is what happened in your case but some washing machines do have water in the hoses from the factory, the last two I've bought have had a considerable amount.

      Have no idea why or how but yeah.

      • So yours came with the hoses etc. fixed to it! Hmmm… Ready made!

  • +6

    Have you tried to contact the seller and ask if you can return the item and get your money back? Maybe the seller truly didn't know that he/she advertised the wrong model. I once sold a tablet on Gumtree, a guy bought it, went home and tested it and told me that there is a small area on the top right hand corner which is unresponsive. I was happy to give him his money back and take the tablet back. I then advertised again with a slightly cheaper price indicating the issue, the second buyer was happy to take it as the defective area was quite small and he doesn't mind the problem.

  • +7

    Judge Judy.

    • +1

      or Bikies?

      • +5

        Bikies is always a possible solution to everything.

        Someone defrauded you? Bikies
        Bad debts? Bikies
        You got looked at funny? Bikies
        Got hemorrhoids? Bikies

        • +5

          Want haemorrhoids? Bikies.

        • how exactly are bikies supposed to help with hemorrhoids? by punching them out of you?

        • @cybapete: that was the joke…..

      • Both.

    • and executioner

  • +3

    What did you even buy?

    • +3

      drugs.

    • +13

      Probably wanted a 486dx, but turns out it was the sx. Without the co-pro floating point calcs are super slow.

      • +6

        lmao I used to own that intel processor….pretty sure its still somewhere in my house.

        Ahhh the spacequest, kingquest,sierra,westwood days…….warcraft, dune….a building of a dynasty with speech pack lolz
        Forgot Monkey Island 1&2, days of tentacle, lucas art was great!

        • +4

          Leisure suit Larry?

        • +3

          @dragonindespair:

          lol that too …..without the parents knowing hehehe

        • @luffyex2010: ah we are old people….

        • +3

          Ken sent me

        • +1

          @dragonindespair: Or just early in the x86 era. Mine (dads) was a 6MHz 286, came with a colour screen that maxed out at EGA. Or CGA, can't remember now. It took like 10mins for the screen to warm up to display colour in full contrast haha

        • +1

          @luffyex2010: can you believe now it was once considered as pornography? Haha

        • +1

          @dragonindespair:
          Well it was for my age at that time :)

          Sharing and seeing the "sacred material" was something huge and during those days….
          any women who are topless in distributed media is considered pornography and prohibited in my culture/country unless you are in Japan which is a different story.

          Its much different today…its become a topic of equality, lifestyle, fashion and free public information

          "free the nipples",
          youtube
          sports illustrated,
          fashion tv channel,
          body art
          celebrity flashing themselves
          sex tape

          I could still remember my first porn watching "basic instinct" laser disc (his dad's stash) in my friend's house with his girlfriend and two sisters, it was a shocking and awkward experience….the whole session was dead quiet and we all pretended nothing had happened after the movie. lol

      • Dam, blast from the past

      • +2

        386… Wins… Wait hang on while I Google 1985 processing power…

        • +2

          My first pc, my Wolfenstein machine!

        • +5

          @subywagon:

          Original Wolfenstein? I remember constantly smashing the M I L keys for infinite life and ammo.

        • +1

          @bhm133: Oh yeah!!! :P

      • +1

        I ended up with the 486 SLC2-66. Yep, the Cyrix copy of the Intel chip.

  • +2

    Op is not clear on the product advertised and the product received?

  • +1

    Sounds like a job for bikies.

  • +5

    Never had problems with gumtree.

    As a seller, I even test right before I sell and once more in front of the buyer. Once a dead pixel appeared for a monitor I was selling, told the bloke who was on his way to pick up and dropped the price.

    As a buyer I always try to find out as much as possible about how it could be worth the price I am paying. Age, condition, price of brand new or price of a better product. If something is not worth the price, just walk away. Once the money changes hands good luck getting it back.

    I have done more 50 gumtree transactions with a fair balance between purchases and sales. I have never had anybody contact me about a problem item and the only time I had an issue with a purchase was when I bought a 3k car from a backyard dealer who was pretending he did not have a license (I got the car refunded after about 3 months of back and forth and sinking $300 into the process).

  • +11

    Sold modified Xbox 360 long time ago with 1 Tb hdd full of games.

    Ad on gumtree. Someone called and I said come inspect I show you how to run the mod etc.
    Boy! The guy was like wwf fighter type,with tattoo. I was almost shit my self. I ended up gave away 4 eneloop and hdmi cables as bonus without him asking.
    Never again invite stranger to your home.
    Ever!

    Well unless you park few Harleys up front.

    • +1

      I can't tell if you're trolling or not hahaha

      • +1

        That is real man…
        There should be few post by me here, about xkey(Xbox 360 mod ding chip)

        • -3

          you must be dumb to invite people from gumtree to your house.

        • +1

          @tuzii: when I said on whirlpool I only do gumtree transaction on public places now, people there said are you selling stolen goods, are you hiding something, why afraid to meet at house.

          Soooooo probably I'm double dumb. Anyway..

        • +3

          @tuzii: I've done tens of Gumtree transactions, always at my house or theirs. It's fine 99% of the time.

        • +9

          @algy:

          do tell about the 1%.

    • +4

      Boy! The guy was like wwf fighter type,with tattoo. I was almost shit my self. I ended up gave away 4 eneloop and hdmi cables as bonus without him asking.

      This. Funniest post of the week!!!!

  • +1

    unfortunately there are a lot of crooks out there and you need to always be suspicious that you are dealing with one - they politely call it due diligence. the law is an ass. you cannot afford to sue as legal costs would kill you, especially if you cannot prove the case even if it is the truth.

    • Yes and it you pay by bank transfer the bank wont even help get it back as they say you willfully transferred the funds into the crooks account.

      • you should try the banks. they have recovered money for me befre after investigation

  • Probably an error on behalf of the advertiser. I wouldn't call it fraud.
    Have you bought this to the advertisers attention?
    Maybe they would be happy to refund

  • +12

    Well if you are not going to tel us what the item is then I guess we are just going to have to speculate that it was the wrong model sex doll with vibrating vagina.
    Not that there's anything wrong with that.

    • +3

      When he inflated it he realised it had a phallus, and he's not sure how he feels about this.

  • +1

    I recently bought a Logitech G920 wheel and shifter setup for $370, thw guy told me to message him if there are any problems and the wheel is faulty. Been trying to get him to come and check it out so I can get my money back, he lives about 5 mins away and always has an excuse. The fault isn't obvious until you start playing, the car will start doing burnouts and lose control on slight turns, etc. Tried on 2x games, tried different advanced settings, etc and can confirm it's faulty. Any advice?

    • +18

      You bought the Mustang owners version.

  • +6

    You should give them a ring just in case it's an honest mistake - but seeing as you've inspected it, and given them the cash, there's basically 0 incentive for the seller to reply to you or give you a refund. You can read this ozbargain thread from a few months ago to see where Ozbargainers stand on this issue. Basically, what happened was an Ozbargainer sold a vacuum cleaner labelled as a newer model - it was actually an old model. It was also priced at what a new model would cost. The vacuum cleaner also looked very similar between models. The buyer came over, had a look and bought it. After using it, the buyer found out it was an old model, and demanded a refund. The majority of ozbargainer's were in the 'ignore her calls' camp (which is where you are). Honestly in that situation, I thought that was a scummy and deceitful move by the seller OP - if I did something like that, I would feel very bad and be very inclined to do a refund (even more so if you did the transaction at your house - you don't want an angry dude who knows where you live.) If the buyer just wants a refund because he no longer wants it (i.e. starts making a hullabaloo over a small defect that doesn't effect the product) then I will block the number, and delete the gumtree message thread. That being said, part and parcel of Gumtree is that once the money is exchanged it is 100% final, and you should be under NO assumptions that the other party will further communicate/work with you. So in the vacuum cleaner case, I can see both sides (ignoring/refunding) as having good reasons.

    Also we need to know what your item was OP. I can totally understand mistaking an item - especially items that aren't well named, or are very similar. For example HP has released several laptops called HP Stream 11 - the difference is the year of production which corresponds to better specs, e.g. HP Stream 2014, and HP Stream 2016 - n2840 cpu vs n3050 cpu. Unfortunately all of the Stream laptops look the same. A seller could deceive a buyer unknowingly by copying the wrong specifications (and you would search the specs, believe it to be the 2016 model, when really it was the '14 model.) They might also say something like "bought this year" which is also pretty unreliable. In this case I might give the seller the benefit of the doubt, but if they've mislabelled something like the LG G4 (flagship) with the LG G4 Stylus (not flagship version) then you've probably just met a scumbag on gumtree. That being said, next time, you should thoroughly check the item - I don't mean point out every scratch, and mark etc. - but, in the case of a phone for example, check speakers/mic/buttons/sim card slot working/does 3g work/calling/"about phone" in settings etc. Honest sellers won't mind if you take 5 minutes to check (better than the usual gummie tyre kickers) - dishonest sellers will definitely mind.

    Apologies for the long post - TLDR once cash is exchanged on Gumtree, it's pretty much 100% final, and there's no obligation for the seller/buyer to communicate/work out any issues. You get one chance to inspect, and that's unfortunately it. Should move on, and treat it as a lesson learnt.

    • They might also say something like "bought this year" which is also pretty unreliable

      If they have still(should I might add) have invoice/receipt for it(because warranties on brand new items cannot (well I'm haven't seen any less than this that's not 2nd hand….or however many hands) be less than a year, so therefore it would be wise to keep the invoice/receipt until the warranty period is expired), then they got solid evidence to back that up…

  • +6

    Are you seriously blaming the seller for your own stupidity ? You looked at the item in question when buying it, your own ignorance cost you, not the seller.

  • Have tried contacting them and telling them?

  • +1

    Did you buy fake eneloops?

  • Last week. I saw something advertised at $50 on scumtree. I offered the seller $60 PayPal - with delivery.

    He accepts.

    3 days later he sends me an email asking for another $10 to cover paypal and postage costs. smh

  • +4

    Take it straight to the Attorney General I'd say in this instance no appointment necessary. Also consider convening the UN security council in case the extra proceeds earned through the deception are being used to fund terrorism.

  • +2

    Have you spoken to the seller? Will they take it back?

    Why don't you just say what it is instead of "item x"…

    The local magistrate won't care , neither will the cops.

  • in the absence of any clear information from the OP as to what the item actually was versus what the advert stated it was I think this is a troll thread. OP - either give us the full info or just don't bother asking. If you're here asking for help and advice at least have the sense to provide ALL the info.

Login or Join to leave a comment