Advice please - sold item to a business who's now contesting the sale

[Naiada]

Can anyone help / offer advice, please?

I just sold a fairly rare and quite valuable vintage knitting machine and accessories to a business as a private sale to a business. It's run a couple who specialise in repairing and reselling secondhand knitting machine parts.

I tested the machine and accessory prior to selling and both were working. The business has just texted me with a fairly aggressive message to say

'it can't be working as part of it is missing' and that the pattern reading accessory does not work. I know that both parts were working when I handed them over, so it is just their word against mine. (I haven't replied to ask what part is missing yet)

When they arrived to pick up, the owner said he needed to do 'due diligence' ie to open the case of the machine and check it was all there. He did all that and did not mention anything was missing at that point.

They paid by bank transfer on pickup. Unfortunately for me, I got them to pay into my business ac (even though I no longer run a business and am retired, I still have the account) and now they say because they paid to a business ac they can dispute the payment. I did get them to sign a delivery note with a list of items that they were buying  but I did not specify 'bought as seen' on the note.

How does it work when it's one person's word against another?

I originally found the business online and emailed them with the details and photos. They had good reviews for selling items (but no reviews re: buying items)

The owner always replied by phone rather than email so although I have notes of our conversations I do not have anything in writing from him.

I'm feeling angry at having trusted them and also upset - textile design was my career before I retired and I wish I'd just given the machine to a charity now1

Any helpful advice much appreciated!

 

[Angelina]

what is the status of your company? is it formally closed, yet the bank account is open? How are you planning on extracting the funds from the company account? 

Do you have your emails from a personal email account? Is there any indication that it is a business sale, other than a business bank account - did you tell them it was a business bank account - does the bank account you gave them have a different name? 

 

[Naiada]

thanks for your helpful PM with feedback, Angelina.

 So far the update is, going to do an affidavit or a Statutory Declaration signed by a solicitor regarding the fact that the machines were working when they picked them up and email that to them together with an offer of a full refund if they wish to return everything. My instinct is they are trying to call my bluff to get a discount as I know they were very keen to get hold of this particular machine which they then planned to refurb.

It would still be helpful to have more advice / feedback if anyone else would like to reply.

Edited April 22, 2024 by Naiada
added more info

[Sue]

I'd say sending them  the affidavit and offering them a full refund for the return of the machines is a great idea.

By far the least hassle for you, and will put them on the spot if they have been telling lies.

If you end up having to give them the refund, you will be no worse off than you were before the sale (assuming they don't damage the machines, of course).

But I know nothing about the legal issues (if any) around all this. Citizens Advice might help if you run into further difficulties?

Good luck! 

[KidKruger]

If you accidentally gave them the wrong account to send the money into, just transfer it into the account it should’ve gone to.

Any accountant will understand that mistakes can be made when you’re handling several accounts.

Done it myself loads of times and never had a problem with any accounting. Totally legit.

[vladi]

Did their on-line presence show a physical address?

[Naiada]

On 19/04/2024 at 08:56, vladi said:

Did their on-line presence show a physical address?

It does on their Facebook page….

[Spartacus]

Is your business closed as recorded by Companies House or dormant ? 

If fully closed then you obviouspy wee not selling tje item as a business and it was a orobate sale ,(regardless where the funds were paid to) As a private sale of a second hand item there is no comeback. 

As the person who bought it from you is also a repair specialist, and they checked it over before buying then sounds like they are pulling a fast one. 

If you feel intimidated by their approach then simply report them to the police and as a business maybe also trading standards. 

 

 

[vladi]

51 minutes ago, Naiada said:

It does on their Facebook page….

Good, that opens up more possibilities for you. Hopefully it is not too far away so that you may have the possibility to collect it.

Acting promptly is important so that you get the matter resolved before they sell it on to someone else which is possible as all the parts they claim were missing were in fact there and functioning. 

Needless to say, it will be useful to monitor their F/B , Gumtree and Ebay listings. 
 

[Naiada]

Thanks for your helpful replies, Vladi & Spartacus. Reassuring to hear your comments - I agree they are trying the intimidation route.

In reply to your  questions, Spartacus -  I was only ever a freelance designer/ sole trader so never needed to register with companies house. Have been retired & on state pension &  below the tax threshold for several years. 

This has certainly taught me to get absolutely everything in writing if I ever make a private sale again!