NSW Sold Product on Gumtree - Can Untrustworthy Buyer File Police Report?

[TraceyLovehurst]

Hi, I've sold a product on gumtree and I have one person who has bought a few of them. The last time I sold one she was claiming it was not enough and the wrong colour, which I believe it's not. This person has also made up lies so many times when buying from me, but she has returned the item and is saying she wants a refund.

I have not said I will give her a refund because I do not trust her and think she has just changed her mind, but she is threatening me with a police report. The product was only $300.

Can she take legal actions against me or file a police report under Australian Consumer Law?

 

[Louise4007]

Hi Tracey

All the usual consumer rights apply to online shopping as they do to retail outlets & shops. One of a buyers' rights includes an automatic guarantee to request a refund, repair or replacement of an item purchased.

The 1st step includes exactly what she is doing; contacting you to complain. The 2nd step she could take is to contact the Australian Competition & Consumer Commission (ACCC) & lodge a complaint & thirdly she could institute legal action against you if the previous 2 avenues are unsuccessful in resolving the problem.

Regards

 

[TraceyLovehurst]

Hi Tracey

All the usual consumer rights apply to online shopping as they do to retail outlets & shops. One of a buyers' rights includes an automatic guarantee to request a refund, repair or replacement of an item purchased.

The 1st step includes exactly what she is doing; contacting you to complain. The 2nd step she could take is to contact the Australian Competition & Consumer Commission (ACCC) & lodge a complaint & thirdly she could institute legal action against you if the previous 2 avenues are unsuccessful in resolving the problem.

Regards

Thanks for your reply. She is saying that she will file a report to the police. Can they do anything about it?

 

[Louise4007]

No generally not. She would need to lodge a complaint with ACCC if you can't perhaps negotiate something else with her to prevent that from happening.

 

[Rod]

This is a civil matter, not a criminal matter. Based on what you have told us, the police will tell her to go away.