eBay advice needed please

[RogerS]

I won a used item on eBay which was listed as being in excellent condition. I received it this morning and took it out of it's case. A scruffier more knackered bit of kit I have yet to see. The mains lead outer insulation is frayed and it doesn't even have a UK mains plug on it! However the real major problem is that a key part of the item is stuck inside the metal housing and without that working the item is useless. I contacted the seller (with a feedback count of 3..yeah, I know) who says that the item left him in perfect condition and to return it to him so 'he can inspect it'. Huh...we all know where this is going..he will claim that I did it and refuse to give me my money back.

So what options are open to me, guys. The bloke is a bloody rip-off merchant and we are talking £500 here.

 

[Hudson Carpentry]

Paypal dispute?

 

[Jason Pettitt]

The dispute process is actually quite good.

If you're worried about returning the item and losing it to the never never, use a recorded + signed for service.

 

[Jacob]

I had similar experience only last month. Plane only £18.70 inc p&p but fit for scrap only. Dodgy sounding unhelpful seller who refused a refund until it was returned "in exactly the same condition". He was also being devious about the return post. But he was an ebay "top seller" with a 100% feedback score and several thousand sales!
I gave him negative feedback fairly quickly and opened a "case". Exchanged several emails over four weeks to no effect so I then "escalated" it, which means ebay decides with no further argument or appeal procedure.
Ebay refunded me the full amount almost immediately, within a few minutes!
Still got the plane but it's rubbish, no good even for spares.

So tell your seller you want all the money back pronto, plus return post, or you will give neg feedback and start the complaints procedure immediately. Give it a week or so, after you have started a claim, so as to be seen to be attempting to sort it out in a civilised way, then escalate it if still no joy. Don't panic or threaten, insult, get angry etc.
If you send it back make sure it is tracked and recorded.

 

[RogerP]

"Don't panic or threaten, insult, get angry etc.
If you send it back make sure it is tracked and recorded."

Good advice but also don't threaten negative feedback as this can be construed as "feedback extortion" a big eBay no, no.

I imagine the seller is registered as a business so the "Distance Selling Regs " should apply - check your rights.
http://www.walkermorris.co.uk/content.aspx?id=1127

Go straight for a "not as advertised" claim with PayPal - they nearly always side with the buyer.
If you funded your PayPal payment with a credit card you still have a back-up claim through the CC company.

Good luck!

 

[monkeybiter]

I had a similar problem, all worked out well once the seller saw sense, resolution centre were involved. I promised the 'appropriate' feedback once the problem was resolved. Got a substantial partial refund to cover repair.

 

[Jacob]

.....
Good advice but also don't threaten negative feedback as this can be construed as "feedback extortion" a big eBay no, no.......

As I read the rules it's OK to threaten it if it is reasonable in the circs. "Feedback Extortion" is to threaten it without good reason e.g. just to press somebody into giving a refund for goods/service which is OK.

 

[RogerP]

.....
Good advice but also don't threaten negative feedback as this can be construed as "feedback extortion" a big eBay no, no.......

As I read the rules it's OK to threaten it if it is reasonable in the circs. "Feedback Extortion" is to threaten it without good reason e.g. just to press somebody into giving a refund for goods/service which is OK.

Best to be squeaky clean when pursuing a claim.

 

[Dodge]

. Dodgy sounding unhelpful seller

Please note - Nothing to do with me :shock:

Dodge

 

[RogerS]

Thanks for all the excellent input, guys.

 

[MickCheese]

First thing to do is email the seller.

Give them the chance to put things right.

Either ask them what they intend to do or state what you want.

Mick

 

[adidat]

mickcheese

I contacted the seller (with a feedback count of 3..yeah, I know) who says that the item left him in perfect condition and to return it to him so 'he can inspect it'. Huh...we all know where this is going..he will claim that I did it and refuse to give me my money back.

 

[andypo]

First off is the item different to the pics he posted?
Secondly lodge a dispute immediately with Paypal, dont think about it.
Thirdly contact the seller and give him the chance to put this right.
Do not send this back to him until paypal advise you to.
Make sure its signed for when you do send it back.


Will take a while but you should be ok..

 

[MickCheese]

First off is the item different to the pics he posted?
Secondly lodge a dispute immediately with Paypal, dont think about it.
Thirdly contact the seller and give him the chance to put this right.
Do not send this back to him until paypal advise you to.
Make sure its signed for when you do send it back.


Will take a while but you should be ok..

Absolutely

Leave it to PayPal and eBay to sort out.

Mick

 

[brianhabby]

I imagine the seller is registered as a business so the "Distance Selling Regs " should apply - check your rights.
http://www.walkermorris.co.uk/content.aspx?id=1127

If the item was sold via auction you will have less rights than if the item was sold via Buy-It-Now and the Distance Selling Regs may not apply.

I would definitely agree with the above advice and open a dispute with eBay and PayPal and as suggested, don't return it until advised to do so by PayPal.

I would also not threaten neg feedback, as suggested stay squeaky clean and don't do anything that might be construed as antagonizing the situation.

HTH

regards

Brian

 

[clk230]

Brian is spot on auction rights and buy it now rights are totally different

 

[RogerS]

Well, I'm not really sure now. I made claim with PayPal and uploaded a load of photo's showing the state of the machine. The seller offered me a refund of £200 but that would leave me with a question mark hanging over what else might go wrong etc. and the fence is pretty worn out as well. PayPal 'granted' my claim...which sounds like they did a lot but actually having just got off the phone with them, it would seem that they didn't do very much as the buyer has agreed to take the item back and relist it.

Provided I send it back.

At my expense. £40 down the toilet if I take out compensation cover to the value of the item.

Once I get my money back I'll post full details and pictures. When it gets relisted I will alert you guys so none of you get stung as I was.

 

[brianhabby]

Roger,

It is very important to know if this purchase was made via an auction listing or Buy-It-Now. If an auction listing then you may very well be left with the cost of return postage but if a Buy-It-Now from a business seller then you definitely have legal redress and should not be out of pocket even for the return postage. As indicated above the distance selling regulations apply to Buy-It-Now listings and those regs are very clear about this.

regards

Brian

 

[RogerS]

Brian, thanks for the input. No, he's not a trader and it was a normal auction listing.

 

[gregmcateer]

First off is the item different to the pics he posted?
Secondly lodge a dispute immediately with Paypal, dont think about it.
Thirdly contact the seller and give him the chance to put this right.
Do not send this back to him until paypal advise you to.
Make sure its signed for when you do send it back.


Will take a while but you should be ok..

Absolutely

Leave it to PayPal and eBay to sort out.

Mick

And ensure you take (if poss dated) photos from all angles before you send it back.
Good luck,
Greg
(Drill's been fine, by the way - thank you).