Got Scammed by Facebook Marketplace Seller - Advice Needed

Dear all OzBargainers, some story here, some lessons learnt, and some advice needed.

So I'm in Adelaide, bought 2 secondhand nintendo switches from a seller, for a total of $600, seller said condition for both units are good, no issue, I said no problem please charge them before I pick up so I can run some test when I get there.

Took me a 40mins drive to get there, the seller and her partner brought up 2 units, but both on flat battery, said they forgot to charge, sorry. I took a look on the outside, both look pretty new so I let my guard down and ask if I take them home and found any issues can I let them know, the seller said yes yes of course of course, if there's any issue just bring them back.

The night I got home, I charged up a little and switched them on and found no issue, 2 days later I fully charged them and 1 day after I found one unit has full battery and the other unit has flat battery, I fully charged it again and found battery gone at a speed of 15%/hr on sleep mode - clearly there's a battery issue. So this is the third day after the handover, I messaged the seller and told her about the situation, she asked me nicely what I want to do would I like a refund? I said yes please, then the next message I receive is this:

"Hi it’s xxxx, xxxx’s partner, both switches were in great working condition when we had them and can not return the switch for a refund. We can’t guarantee that the switch hasn’t been tampered with while you’ve had it and again, it was working fine when we had it."

I replied and said "I asked them to be charged and they weren't, I asked if I can take them home and test and you said of course, that's the condition I agreed to buy them on that day." And of course, they stopped replying my message.

To summary:
- I know the seller's full name on Facebook
- I know the seller's address
- I have most messages on facebook messenger but unfortunately not the verbal part they said I can take them home and test

I mean, $300 is ok with me, money is lesser of the issue here but I'm feeling angry because I was trying to be nice and fair and I trust people who later on lied and disrespected me, I feel like I'm taken advantage by the dishonest people and I want them to get the punishment they deserve.

Could the good people here suggest what I can do (except get the bikies involved please) to deal with this issue? Would tribunal work? Is the unfortunate bit that I didn't have their verbal promise on record make this impossible?

Thanks in advance.

Poll Options

  • 15
    No way they will be punished in anyway other than karma
  • 0
    Yes there's some way they can be punished (please leave your idea in comments)
  • 47
    It's all ops fault, seller shouldn't be punished in anyway

Comments

  • +4

    Rule 1 - FB MP and Gumtree sales are Always Cash and Pick up.
    Rule 2 - 32 - See Rule 1.
    Rule 33 -FB MP and Gumtree sales are final upon exchange of payment.

  • +8

    From sellers’ point of view, you could have tampered the switch over your 3 days of ownership. Second hand goods off of marketplace don’t come with warranty.
    Also, them handing over flat (battery) switches despite being asked to fully charge them beforehand would have been a huge red flag.
    No offense but you were being more naive rather than “nice and fair”.
    Cut your losses, learn from this and move on.

    P/s: sellers will say anything to make the sale, onus is on buyer to protect your own hard-earned.

    • "why are you selling this"

      You will literally get any answer except the truth

      • I saw a gaming laptop worth about 2k the other day with the description 'got this as a 21st present but think I'll just play on my pc'. I believe that….

  • +7

    Even if the sellers handed you fully charged units how would you have identified the battery depletion issue within a few minutes?

    Got Scammed by Facebook Marketplace Seller

    I didn't follow ozbargain marketplace protocol and it cost me.

    FTFY

    Guess it wasn't a beargin after all?

  • +12

    get the battery replaced? probs way less headache than trying to recoup any money.

    • I doubt they would, but could always ask for partial refund to cover some of the cost of replacing the battery too.

      • +1

        asking for money would probably just not get a response.
        OP could ask for a receipt, if it's still within warranty he could get it done for free

    • +2

      Definitely the OP should do this. The sellers aren't negotiating so this is the best option for OP. If the devices work fine it should be like having a brand new Switch (in terms of battery longevity anyway). Maybe OP can replace the batteries him/herself. Kits readily available online by the look of things.

      They 100% knew the batteries were carked.

  • Just rock up and ask them.

    Make for a great story.

  • +1

    At least you have one that works !

  • Ask them for a $50 refund and go to a phone repair type store and get a new battery installed.

  • -1

    Seller should rightly tell them to fvck off if they turn back up.

    • -1

      fvck off

      What language is this? Can you provide the phonetic pronunciation so sellers don't get it wrong or sound stoopid saying it?

      • +7

        What language is this?

        Bvlgarian

  • Wow

  • +1

    except get the bikies involved please

    BMX bandits?

  • What kind of 2nd hand switch worth $300?
    Oled? Special edition? Any other accessories included?

  • +1

    Buyer beware. If you wanted new consoles, you should have purchased new consoles that came with a warranty. There is a reason you got 2 for that price… Because they are used.

  • Police didn't do $h!t when it happened to me ( I also paid around $250 bucks to someone, since that time NEVER ever did a buy/sell transaction online WITHOUT either getting hands on item or PUT IT THROUGH VISA/MASTERCARD CC)

  • OP whilst it may be your fault for getting scammed by a scammer, that doesn't mean you have to take the shaft.
    Delve deep inside your psyche, what would you truly like to do to them? AND THEN DO IT

  • I don't think the seller is trying to scam you.
    One of the switches is working well
    The other, battery issue which the seller isn't aware of.
    The seller probably hasn't used it for months, and before she sold it on fb, she probably just charged it for 15 mins or so, turn it on, check the monitor and buttons works, that's it.
    She wouldn't have noticed the battery issue at all because she didn't turn it on and play for an hour.

    Even if you've checked it on the spot when you traded, you wouldn't have noticed that too.
    Because it has been 3 days since you met them, it's reasonable for the seller says that it isn't their fault.
    Well, just bad luck of you.

    Best option: ask them for the receipt and claim warranty for repair.

  • why would you buy 2 switches for $600?
    if you wanted a warranty, then there's ebgames for used goods. Even a pawn stores(last resort) will have to honor a warranty for used good purchased from them.

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