Sold Item on OzBargain - Buyer Threatening Police Action

ZackyD on 06/04/2020 - 19:18
Last edited 11/04/2020 - 10:20 by 1 other user

Hi Ozbargainers,

I recently purchased 2 Xbox One X's bundles only to realize I had no need for the second bundle.
https://www.ozbargain.com.au/node/524064

So I put up a message saying I was selling it at cost price and was private messaged.
I messaged the buyer and we met up, It was a very cordial meet.

I had forgotten the bonus controller that was part of the bundle so offered to discount $70 off the cost (Which is the RRP price of a new controller) which I thought was more than reasonable and the buyer accepted.

I had advised the buyer that the seal had been broken and I had opened it to ensure the contents were all correct.
Game code and other items all sealed.

The buyer claims I sold him a second hand machine now and wants a refund as he believes the machine is 2 years old (Apparently serial says it's out of date) , He has advised that he will contact the police, My employer (Via Linkedin) and essentially anyone he can via my social media presence.

I've provided him the exact tax invoice that was sent to me and believe he should pursue it with Microsoft. I do not feel like I should have to take the purchase back as it was all made in good faith, I had offered for him to check all the contents with me at the meetup but he declined.

He is now saying I should take it back as it might be infected by Corona Virus and he doesn't want a second hand item.

What is my legal requirement in this regard?

Thank You

RESPONSE TO THE BUYER - https://ibb.co/r294K6b

11/4. Mod Note:

  1. Do not post personal details of other users. Guidelines
  2. User(s) who have an undisclosed relationship with other users, and used that relationship to artificially comment/mislead others, including false profile information, have had comments removed and account banned.

Poll Options

  • 968
    Ignore Buyer and Stand Firm
  • 222
    Take the item back and make a loss
General Discussion

closed Comments

  • [Deactivated] on 06/04/2020 - 19:22
    +220

    He is trying to swap you with his old Xbox.

    Free swap from crappy old unit to new.

    • BewareOfThe Dog on 06/04/2020 - 21:44
      +55

      Do you have the serial numbers of the units you sold?
      I usually take a pic before settling, in case someone is trying to do a dodgy. I quite often put the sn in the description of the product when sending three consignment note.

      • BanannaMan on 07/04/2020 - 10:19
        +10

        Smart move, I need to do this in the future

      • geoffs87 on 07/04/2020 - 10:29
        +8

        yeah awesome tip - i usually think the best in people but i'll remember this for future transactions!

        • sk3iron on 07/04/2020 - 18:27
          +8

          People are more often than not shitty to deal with. The more you sell/trade the more you realise that the world is full of unscrupulous people.

          • RiseAndRuin on 07/04/2020 - 20:57
            +3

            @sk3iron: To be fair to the rest of the world, strictly from my personal experience, this applies almost exclusively to Australia.
            I've been buying stuff from all over the world through ebay, gumtree, amazon and other more specialized sites for 20+ years, and I've only ever had big issues with 2 sellers ( 1 from Canada and 1 from Ireland).
            In Australia the percentage of transactions I've had major issues with is probably around 50% (mostly on gumtree obviously, but local ebay sellers aren't so great either).

            • geoffs87 on 08/04/2020 - 06:28
              +6

              @RiseAndRuin: That’s interesting huh?! Australia was always thought to be the laid back, chilled out people’s.

              I’m beginning to think we’re anything but. Always whinging, always complaining, always wanting something for nothing. Sure, might not be everyone, and that was certainly before the current crisis.

              • 91rs on 09/04/2020 - 11:06
                +1

                @geoffs87: If you've ever worked retail you'd know the chilled out people bit is a lie, its a day filled with whinging, complaining, wanting something for free and if they don't get it then the abuse and threats or claims about making complaints to HO etc.

      • EnALup on 08/04/2020 - 12:50
        +5

        Wow. There is always 2nd side of the coin. Looks interesting after buyer's comments and would be interested to know as well how OP got 2 consoles unless he was sent 2 pcs for 1 order by retailer.
        A bit sus though buyer didnt check the seal before handing the money and if it was at great price without the invoice and warranty. I always treat items bought from private sellers as without warranty unless provided with an invoice. You investigate while paying money.

        Threatening people to contact their employer is a threat and not sure what buyer is going to achieve with this.

      • blimpyboy on 09/04/2020 - 00:35

        Best phrase ever, thank you for using it!

        But there might be even more to this. Later in this thread someone has suggested that there's a possibility that both the buyer and seller may be telling the truth, if the item that was shipped by Microsoft was a factory refurbished unit.

    • FareEvader on 08/04/2020 - 16:27
      +6

      Go to page 3 of comments. OP actually did the ol' switcheroo.

      • [Deactivated] on 08/04/2020 - 17:11
        +1

        I thought it is an Xbox?

  • popsiee on 06/04/2020 - 19:23
    +97

    Tell him to contact the Police as they aren’t going to take a civil matter on . Just a dumb bluff .

    • sulmar on 08/04/2020 - 10:35
      +3

      Had someone threaten me over something I sold on Ebay (was legitimate on my part). Told him to go ahead and till today (been 10 years+), haven't heard back.

      Tell him to contact police is the best response.

    • ItsMeAgro on 08/04/2020 - 12:24
      +1

      Yeah Police won't bother with disputes like this.

      The threats of harassment the buyer has made, on the other hand, may warrant their attention.

    • dealhunter52 on 11/04/2020 - 09:44
      +2

      I hope people don't vote without reading the whole thread. It turns out OP is a compulsive liar and a scammer. Sold the buyer his 2 years old Xbox and kept the new one's. Even created a fake account for sockpuppeting too.

      https://www.ozbargain.com.au/node/529062?page=5#comment-8552…

  • ZackyD on 06/04/2020 - 19:25
    +4

    That's what I'm thinking of, Seeing as he has the tax invoice I would think he should take up any matters with Microsoft.

    I think he's gotten a good deal, $279 for that package. If he really doesn't want it, I'm sure he could get close to that amount selling it secondhand.
    Just never been in a position like this before

    • stainedteatowel on 07/04/2020 - 00:04
      +1

      That's a decent price

    • johno3456 on 07/04/2020 - 01:27
      +10

      If you bought it from Microsoft then it will have the serial number and warranty start date on your microsoft account. This will show if it is 2 years old and used. If he has swapped old for new then the serials will not match. Likewise if you have sold something old then it will be apparent from the serial.

    • Bryanalves on 07/04/2020 - 08:57
      +25

      You forgot the controller. So taking $70 is not "more than reasonable". Thats how much the item is worth and you failed to provide it.

      Lol you got him good. And good stuff posting on here so you get the community on your side while that other guy reading this getting all salty.

      Got rid of a 2yr old xbox and corona for $350 and still kept a controller so you can play 4 play on your 2nd xbox.

      Well played

      • brendanm on 07/04/2020 - 09:54
        +47

        Found the buyer!

        • runamuck on 07/04/2020 - 09:58

          Pls give this man his medal.

      • Jill Valentine on 07/04/2020 - 10:02
        +2

        You really do post some absolute drivel.

        • Save 50 Cent on 10/04/2020 - 16:20
          +8

          You still think so?

        • Bryanalves on 10/04/2020 - 19:23
          +20

          What drivel? I was telling the facts (buyer was the scammer and got rid of his 2nd hand console).

          Read the rest of the thread and you will see what happened.

          Shame on all of you that negged me and defended the scammer when i was sharing facts of the situation.

          • [Deactivated] on 10/04/2020 - 20:52
            +4

            @Bryanalves: Plot twist #37 - Bryanalves is same user as Randomstuff!

      • dogboy on 07/04/2020 - 16:44

        Hilarious! :D

  • Hithere on 06/04/2020 - 19:27
    +40

    Buyer beware.

    If they continue to threaten you with Police action ask them to let you know which Police station they will be making a complaint at and you'll meet them there and go in with them.

    • anonymous01 on 07/04/2020 - 20:02
      +17

      What? No, do exactly the opposite. Tell him you will meet somewhere (Far away from his place), and do NOT show up there. Hopefully he will get a $1,000 fine for driving for a 'None Essential' reason.

    • boostpak on 08/04/2020 - 12:17
      +1

      see page 3 comments.

  • obiwanmy on 06/04/2020 - 19:29
    +10

    Easy solution. Tell him to deposit $2k in case you are caught by non essential meeting. And on that day tell him you have been asked to return home by police. And repeat until virus is over. Hopefully by then you would have gotten more than $10k.

    • kerfuffle on 06/04/2020 - 19:35

      Methinks I could be wrong, but by my quick stalking skills, I think the culprit lives in a different state to the OP

      Edit: Nope, lives in the same state going by later comments

  • ZackyD on 06/04/2020 - 19:32
    +3

    The fact that he's Google'd my details and found my employer concerns me.
    Even threatened to contact my mother

    Just don't want him slandering me or causing a fuss.

    I'm happy to post the interaction if it's OK on Ozbargain (No private details disclosed)

    • Almost Banned on 06/04/2020 - 19:34
      +27

      The comments above are right.
      You have no ongoing obligation to this person.
      The police will tell him it is a civil matter - and it is.
      If he wants to try it on you could also mention that making defamatory comments about you to your employer would be actionable.

      • ZackyD on 06/04/2020 - 19:36
        -1

        Thanks mate, Is it correct that he can take me to Small Claims Court?
        I'd think it would be a costly affair for a $280 purchase.

        • Almost Banned on 06/04/2020 - 19:56
          +11

          Of course he could commence proceedings - anyone can no matter how frivolous the claim - but given than it seems to be a purchase after inspection and negotiation I don't see what his claim would be. I also don't think it is worth it.

    • DoctorCalculon on 07/04/2020 - 00:51
      +16

      Even threatened to contact my mother

      WTF! Did you give out your mum's phone number? Or, he just doxed you on Facebook, and worked out your family connections?
      In that case, you need to work your social privacy settings.

      You should tighen up all your social network privacy settings.

      In fact, the other party shouldn't need to know anything about you other than just your nickname.

    • TheBird on 07/04/2020 - 06:29
      +29

      If I were you, I'd consider reporting his blackmail threats to the police.

      • Hardlyworkin on 07/04/2020 - 07:32
        +5

        Agreed, take screenshots of his threats and advise him if it doesn't stop you will be going to the police. Make that your final communication with him. Hopefully you can also track down his details. There are a lot of bored people on Ozbargain who might be willing for you to get the upper hand.

        • JoJoker on 07/04/2020 - 08:42
          +3

          Just go to the cops. Don't negotiate with terrorists.

          • resisting the urge on 10/04/2020 - 17:56

            @JoJoker: Don't negotiate? Not even with all the salty trolls?

            Best way to start a negotiation is from a higher ground, and with something solid to back you up.

            Perhaps you can make a report with the police- should you feel you received intimidating threats, you just need to describe the actual impact they have had in such a way that they sound tangible and reasonably concerning.

            Then tell your troll there is a police report with his threats and name on it. If he escalates the situation you will present this in court as evidence along with the damaging actions be undertakes.

    • DARK KHAOS on 07/04/2020 - 08:12
      +6

      What!!!
      Offer to meet him then break his nose.

    • lysp on 09/04/2020 - 19:08

      Tell him you're happy for him to take the issue up in court if he wishes. (He wont - because he's trying to rip you off).

      Otherwise state that next time he contacts you, you'll will take out an order against him at the police station for stalking and harassment.

    • ZackyD on 06/04/2020 - 19:34
      +16

      Correct but I told him and he proceeded to keep it - I have a message from him to prove this.
      Then he must have had a change of mind since he messaged me 2 hours later wanting a refund.

    • Mechz on 06/04/2020 - 19:36
      +2

      But it was as described which is all that matters.

      • whooah1979 on 06/04/2020 - 19:37

        It depends on the listing. Did it say new or brand new or did it say used?

      • ZackyD on 06/04/2020 - 19:40
        +1

        I understand the concept of misleading advertisement and know that the ACL is applicable for certain transaction.

        But as a private sale on a forum? I don't want to be in the position of refunding him the full amount to obtain an item that I have no idea has been treated since being in his possession.

    • try2bhelpful on 06/04/2020 - 19:40
      +9

      He had the chance to inspect the item at the time of sale. This is his problem now. If he does cause a fuss then you just have to tell everyone what happened and they won’t care. What this guy is doing reflects on him, not you. Do you know his details, if so you can threaten him with the same retaliation where you will explain how illogical and threatening he is.

    • ZackyD on 06/04/2020 - 19:44
      +24

      I agree, Yes technically it was no longer classified as Brand New when I broke the seal.
      When I advised the buyer when he texted me, He original response was OK so I had left the matter.

      I don't think it's reasonable for him to come back 2 hours later after I've driven 40 mins to drop it to him for me to refund.
      So morally I guess I can be classified as a ***hole but I think I was more than reasonable with this transaction.

      • Hybroid on 06/04/2020 - 19:46
        +14

        That's a fair point, as long as they were aware and were given opportunity to look at the item, the fact they accepted it means transaction over. They can't do anything except harrass you so block and move on with life. Don't worry about it.

        • ZackyD on 06/04/2020 - 19:53
          +2

          Thanks mate, Just makes me reconsider private sales in future

          • Slippery Fish on 07/04/2020 - 08:18
            +2

            @ZackyD: Just tell your boss and family about the threats, people understand sometimes you catch a crazy…

      • Whisper Quiet on 07/04/2020 - 13:00
        +20

        Why did you open it? Not saying I'm on the other guys side or anything but why would anyone open it to check the contents?! It's a brand new X-Box, of course it's going to be all there. Only issue would be if it's DOA and you said you didn't test it. Seems crazy to break the seal for no reason

        • bmerigan on 07/04/2020 - 22:13
          +14

          Agree with this. Cracking the seal on something you plan on selling is either silly or dodgy as hell.

          • blehgg on 08/04/2020 - 08:49
            +4

            @bmerigan: agreed… its new - why would you need to "check the contents"

  • psdillon on 06/04/2020 - 19:37
    -6

    Why would anyone buy open-box items during the pandemic?

    • mskeggs on 06/04/2020 - 19:51
      +12

      Cause the chances of getting an infection in that way in Australia would be incredibly low at the moment, and saving a few bucks to get an item today is a good deal if the option is waiting for low stock items in a shop or online?

    • markathome on 07/04/2020 - 06:45
      +14

      Seriously wondering how you think the items get on the shelves at Woolworths and Coles at the moment?

      Telekinesis? Secret robots you never see? If it is the robots, maybe you can get them to deliver and find out? Maybe new robots is why the $80 Woolworths basics box is such a rip?

    • smartazz104 on 07/04/2020 - 07:13
      +8

      Only people of limited intelligence would be concerned.

  • chumlee on 06/04/2020 - 19:43
    +6

    Just tell him you will contact his employer and all his social media contacts as well as post his complaint online.

    Fight fire with fire

    • gromit on 07/04/2020 - 14:36
      +3

      Don't add threats, the idiot buyer has already totally compromised his position with threats. The only thing to say is if the harassment continue you will take legal action and report his threats to the police.

  • kahn on 06/04/2020 - 19:54
    +32

    I've just learnt to never mess with a gamer. They might contact my mummy and employer. The interwebs just got real, homie.

    • pegaxs on 06/04/2020 - 22:04

      I had a guy once leave me a voice message on Xbox sayin that he would mark me on Facebook as a “don’t play with this guy”… all because he wanted heavy ammo and I should have known he needed to complete a bounty with it…

      Wooooo… no please don’t post my gamer tag to your stupid Facebook friends… :D

      • Lucifersfury82 on 07/04/2020 - 07:02
        +14

        When my brother, cousin and I played COD4 almost nightly, we came across a very irate American who was annoyed that we kept ganging up on him.

        He eventually worked out we were Australians, and he threw this gem in - “this is why the US kicked your ass in Vietnam”. We still laugh about this about 10 years later.

        • gmdarts on 07/04/2020 - 10:54

          who kicked whos ass there?

          • Lucifersfury82 on 07/04/2020 - 12:18

            @gmdarts: We didn’t have the heart to tell him, or possibly, the inability to tell him from laughing so hard.

  • SnoozeAndLose on 06/04/2020 - 20:00
    +8

    If he do what he said he is going to do, it is a kind of harrsment, this is a reportable event.

    In his case it is a civil matter, the invoice provide the machine acquire date.
    Doesn't the receipt has serial number?

    Could Microsoft selling an old unit.

    All private sell is final, you check what you need to check and can't blame the seller.

    When people buying second hand car, what check they perform is up to them.

    • boostpak on 08/04/2020 - 12:18
      +1

      No OP switched the unit to an old one he already had this can become a civil matter. see page 3 comments

      • SnoozeAndLose on 08/04/2020 - 14:17
        +1

        you are replying to my comment before the statement from the buyer has been made

  • ZackyD on 06/04/2020 - 20:00
    +18

    For those that want to know my response;

    https://imgur.com/O2isPhD

    • payton on 06/04/2020 - 20:01
      +47

      Buyer sounds like an utter dipshit
      'you have put me in great danger!!!' lol
      threatening to talk to OP's mother omg

      • tomsco on 07/04/2020 - 08:45
        +1

        threatening to talk to OP's mother omg

        Snitches wear stitches.

    • Hybroid on 06/04/2020 - 20:03
      +27

      Perfect. Now block and enjoy rest of your evening and life. Don't engage in a protracted e-mail debate.

    • [Deactivated] on 06/04/2020 - 20:14
      +11

      Your response, whilst similar in length to the ideal response, isn't sufficiently concise.

      It should read:

      Hahahahaha. Haha. Hahahahahahahaha… (and so forth.)

    • randomusername2017 on 06/04/2020 - 20:16
      +5

      Abridged version~

      1). I have no idea what I am talking about
      2). I thought I'd try and bluff by throwing in some bigger words and bullet points

      Love always xx

    • SnoozeAndLose on 06/04/2020 - 20:26

      Can't see the picture clearly. It is just me?

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