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Small Claims Court Over Rooted Phone SOLD

20th March 2014, 01:06 AM   |  #1  
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Hi i sold a HOX in the UK for some reason his sim card wouldn't work in it but he was happy to buy it and take it away

My Ad

Hi up for sale is my HTC one X 32GB in black and is in good condition

It is unlocked to any network

Comes with Charger, Usb Cable and is Boxed

Thxs

Ive just received a email saying he would like a refund because he cannot get the sim working and that it is rooted

So i emailed him back saying i had bought another phone which i have and wouldn't be able to offer a refund

Then i recieved a email back saying

But you've advertised the phone falsely, you never mentioned in your ad that it it wasn't running on its original android software. If you're refusing to give me a refund I'll have no other choice but to get in contact with gumtree or failing that CAB/Small claims court. Had you been honest in the original advertisement we wouldnt be having this problem

Did i have to state in the ad that it was rooted?

Any advice would be great

Thxs
Last edited by bornnslippy; 20th March 2014 at 01:10 AM.
20th March 2014, 02:59 AM   |  #2  
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Quote:
Originally Posted by bornnslippy

Hi i sold a HOX in the UK for some reason his sim card wouldn't work in it but he was happy to buy it and take it away

My Ad

Hi up for sale is my HTC one X 32GB in black and is in good condition

It is unlocked to any network

Comes with Charger, Usb Cable and is Boxed

Thxs

Ive just received a email saying he would like a refund because he cannot get the sim working and that it is rooted

So i emailed him back saying i had bought another phone which i have and wouldn't be able to offer a refund

Then i recieved a email back saying

But you've advertised the phone falsely, you never mentioned in your ad that it it wasn't running on its original android software. If you're refusing to give me a refund I'll have no other choice but to get in contact with gumtree or failing that CAB/Small claims court. Had you been honest in the original advertisement we wouldnt be having this problem

Did i have to state in the ad that it was rooted?

Any advice would be great

Thxs

If i was going to sell my phone on Ebay i'd put it on stock rom, but if i was going to keep current custom rom i would specify that it is rooted, but being rooted shouldn't effect different carriers if it's already network unlocked
20th March 2014, 03:52 AM   |  #3  
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i would ask him why it's so bad that it is rooted...or what the problem of a rooted system is...if he only want a refund because of the rooted rom you can help him to get back to completely stock...i still don't get why many ppl are so strange and mad if it comes to rooting -.-
20th March 2014, 08:09 AM   |  #4  
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Well the way i see it he has a point, i don't think it's all about running the stock rom or not but about what's written in the add. And my opinion is that you should have stated in the add that it was custom rommed/rooted so he could act on it. Not saying it's a false deal.....rather incomplete and at that point he is actually right. It's all a bit black & white, but to answer your question : if he plays this up he has a point and probably win. It's about expectations, he thinks he is buying a stock hox but in the end it is not and that's not written anywhere. I would offer him to help him to get it back to stock and see if he takes up on that offer ?

Cheers.
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20th March 2014, 09:18 AM   |  #5  
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Quote:
Originally Posted by Mr Hofs

Well the way i see it he has a point, i don't think it's all about running the stock rom or not but about what's written in the add. And my opinion is that you should have stated in the add that it was custom rommed/rooted so he could act on it. Not saying it's a false deal.....rather incomplete and at that point he is actually right. It's all a bit black & white, but to answer your question : if he plays this up he has a point and probably win. It's about expectations, he thinks he is buying a stock hox but in the end it is not and that's not written anywhere. I would offer him to help him to get it back to stock and see if he takes up on that offer ?

Cheers.

+1
20th March 2014, 12:31 PM   |  #6  
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Ok thxs for your replies I will offer to put it back to factory for him and see what he says

Sent from my HTC One X using Tapatalk
22nd March 2014, 08:33 PM   |  #7  
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Quote:
Originally Posted by bornnslippy

Ok thxs for your replies I will offer to put it back to factory for him and see what he says

If you are a private seller and have sold the device to someone who came and looked at it before paying then he has very little recourse.

I recommend that you have a standard receipt which says "sold as seen" and get the buyer to sign it.
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22nd March 2014, 08:40 PM   |  #8  
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Quote:
Originally Posted by t-bon3

If you are a private seller and have sold the device to someone who came and looked at it before paying then he has very little recourse.

I recommend that you have a standard receipt which says "sold as seen" and get the buyer to sign it.

What i make of the OP the buyer didn't see it and only saw the add, in that case the buyer is stronger.
22nd March 2014, 10:42 PM   |  #9  
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The buyer collected the phone tested it out etc and was happy with it

He was also OK with the fact that his sim card didn't seem to get a signal


Sent from my HTC One X using Tapatalk
24th March 2014, 03:59 PM   |  #10  
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Quote:
Originally Posted by bornnslippy

The buyer collected the phone tested it out etc and was happy with it

He was also OK with the fact that his sim card didn't seem to get a signal


Sent from my HTC One X using Tapatalk

Lets say i buy a car from you. I see that the left headlight is damaged. We agree ok i saw everything else good? Good. I drive away and the rear axel falls of. So it is my fault that i didnt saw what you didnt tell me? Even if he said it is ok that is rooted your ad did not say it. Imagine who will win... Or did you say that it does not have a warranty anymore? You didnt also... I would be pissed at you really

I noted your username to be sure to never buy anything from you...

Sent from my One X using Tapatalk
Last edited by and313; 24th March 2014 at 04:05 PM.

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