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

Discussion in 'Australian Consumer Law Forum' started by TraceyLovehurst, 1 December 2015.

  1. TraceyLovehurst

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    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?
     
  2. Louise4007

    Louise4007 Well-Known Member

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    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
     
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  3. TraceyLovehurst

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    Thanks for your reply. She is saying that she will file a report to the police. Can they do anything about it?
     
  4. Louise4007

    Louise4007 Well-Known Member

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    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.
     
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  5. Rod

    Rod Well-Known Member

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