Game System Buyer Wants a Refund Due to a Locked Account
My question involves court procedures for the state of: Washington.
Sold a Playstation 4 system and TV valued at around 1000.00 dollars for 500.00 to help pay for a cremation for a family member. Sold the system to a couple and said they could use the account on the system that had around 45 digitally purchased games downloaded on the system. After 2 weeks they contacted me asking to change the password on the account because it was locked out. After investing the account had a negative balance of 120.00 dollars because of an accidental charge back my credit card company processed back in February of this. My identity was stolen and my card mistakenly reimbursed the charges making my account negative. I had no idea this was happening, until they messaged me almost 2 weeks later. The whole process to unlock the account will takes weeks and these people aren't corporating with me at all. I offered several times a complete refund with some money on top for the trouble but they are demanding 250.00 dollars back (and they keep everything) or they will sue me. I'm stressing over this issue because they are harassing me and won't budge on the issue... My thoughts and understanding is if I offer a complete refund they can't take me to small claims. And the fact they are trying to extort money out of me even though the product was worth double what they paid.
Re: Small Claims Question Need Help
You are mistaken that there is anything you can do to ABSOLUTELY prevent them from suing you. But understand, it is very easy to threaten to sue, a bit more involved to actually file suit, and prevailing is going to determine the facts.
Certainly, offer them a complete refund (in exchange for the merchandise) and be done with the turkeys.
Understand you're both breaking the law on the use of the SEN accounts. You can't pimp out your account with the unit you sold.
I'm having a hard time understanding how any PS4 is worth $1000 or even $500.
Re: Small Claims Question Need Help
Quote:
Quoting
Justind90
My thoughts and understanding is if I offer a complete refund they can't take me to small claims.
Sure they can. They just aren't likely to win.
I suggest you tell them to bring it, or send it, back for a full refund or pound sand and they can sue you till the cows come home and that's all they'll get in court is a refund anyway.
Then stop talking and hang up and don't talk to them anymore.
Re: Small Claims Question Need Help
Quote:
Quoting
Justind90
I had no idea this was happening, until they messaged me almost 2 weeks later. The whole process to unlock the account will takes weeks and these people aren't corporating with me at all. I offered several times a complete refund with some money on top for the trouble but they are demanding 250.00 dollars back (and they keep everything) or they will sue me. I'm stressing over this issue because they are harassing me and won't budge on the issue... My thoughts and understanding is if I offer a complete refund they can't take me to small claims. And the fact they are trying to extort money out of me even though the product was worth double what they paid.
Sorry to hear about your family member.
I don't understand many details of your description, partly because I don't know about PS4 or online gaming, and partly because some concepts and the sequence of events are not clear to me. However, I agree with Flyingron and Adjusterjack that the buyers aren't likely to prevail if they sue you.
Offering the buyers an extra amount, in addition to the $500, might be too generous on your end. What trouble/losses do they allege they've incurred? Depending on what they substantiate, you need to keep an eye on (1) whether their allegations are frivolous; (2) whether their actions constitute "unreasonable reliance" on whatever you've represented (that is, said) to them; and (3) whether they failed to mitigate damages. Any of these factors weakens their position in court. The fact that they've declined your offers of reimbursement and/or the reason why they didn't inform you about the "account issues" earlier might hint at their failure to mitigate damages; only you can discern these matters because you have more context than I.
In case they sue you, keep: (1) evidence of your offers to reimburse them, (2) any proof that the good(s) transacted was (were) in good condition while in your possession (the PS4, the account, maybe your credit card), and (3) a record of their communications. With (1) you'll stave off any claim of unjust enrichment; (2) will help disproving any allegation of "fraud" (or fraudulent representation) that they make against you; and (3) is relevant for whether they are frivolous or inconsistent.
From the details I can grasp, it seems to me that you're doing the right thing by proposing to revert the transaction (reimbursement in exchange of the return of the PS4), which is also known as rescinding an implied contract. By this I mean that you're in a safe position if they file in the small claims court.