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Hi Guys,
I wonder if anyone can give me any advise please.
My girlfriend bought a mobile phone off ebay.
The phone turned up, it was locked to the three network - not advertised as locked and had three branding all over the phone - not shown in the photo or mentioned in the advert. The phone was advertised as pay as you go - no sim was with the phone or instruction on how to make it pay as you go.
We contacted the seller who said it was our responsibilty to check what network the phone would run on, again in the description on ebay the 'sim lock' status was blank and no mention of networks anywhere. He refused to give us a refund even though he admitted that it was his mistake that he didnt mention the branding and sim lock but smugly said "i think you'll find that ebay/paypal will rule in his favor"
The advert stated that if the phone was not as described, he would pay for the collection and give a full refund.
We have just got an email from paypal ruling in his favor - surely this cant be correct?
Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!
paypal are a waste of time for disputes like this.
Is it a private seller or a trade seller (i.e. someone selling many items on a regular basis)?
Also, how much did you pay and did you use a credit card to fund the payment?
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
he seems to be a private trader making out he's like a business i think he's sold around 50 phones. His email address is an educational one.
unfortunately, it was paid through paypal using direct debit.
Phone was around £200
Over what period has he sold 50 phones? Sounds like he's a trader to me.
In which case you should complain to him that the goods are not as described or fit for the purpose. Under the Sale of Goods Act the seller is liable for this. Advise him that unless he agrees to offer a refund you will take him to court.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
I did that over email about 4 weeks ago, he started going on about admiring me for my beliefs but its just that his beliefs are different from mine and that paypal/ebay would decide.
I quoted the trades description act, he obviously thinks Law does not apply to items sold on ebay.
I don't really know much about paypal, I sent them a scorching email yesterday in reply to their conclusion. they thanked me for the new information and said they'd investigate further. I did not supply them with any new information, just stated the facts again.
It just seems to me that ebay is full of people selling crap and getting away with it.
There was a guy n our loca radio from e-bay this week (I was gobsmacked that they'd agreed) and he was ever so convincing about their Item Not As Described process and told the presenter she would get a refund if she went through the process!
My nephew sold concert tickets, the DAY AFTER THE CONCERT the buyer said he hadn't recived them and paypal gave him a refund from my nephews account even though they had been sent recorded delivery - what hope?
ive had terrible trouble with ebay, they have held about £13.00 of my money prepaid charges on a store that i closed and they wont refund it, they are not interested. I try to stay away form ebay as using it is only letting them continue to trade the way they do, and in the event i have no choice i will never spend more than £20, its not worth the risk. I now do all transactions by postal order or cash even when selling.
Sorry to hear of these problems, im sure if the banks can be whipped into shape then eventually ebay can be.
Put your complaint in writing to him, give him 14 days to refund your money and if you still don't have any joy then take him to court.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Report him to the tax and vat offices. I bet hes a trader selling on the side and not declaring the income or paying the vat (but I expect he is reclaiming the vat on his ebay costs). If he is a private individual he has a part time business that needs declaring. Let him know you intend to make these reports if he doesnt pay......that will worry him. Oh, make the reports either way.
You'll find that Ebay and paypal are are totally useless at sorting problems and always look at a sellers point of view when making dispute decisions.
I recently got a 'Strike' over non-payment when the seller would not provide an address for me to send payment. He had a dispute for non-payment by me and Ebay would not even listen to me that i have no where to post payment.
Unless you have a verified and confirmed Paypal address, you do not have insurance to claim back any payments.
I have to say they are useless even to sellers when disputes arise - i currently have a complaint with the Financial Ombudsman as they took money out of my account after a buyer said they didnt receive the item even though they did and it was sent special delivery!!!
Useless - totally stupid and just generally unhelpful!!!!!
UNTIL MY CASES ARE RESOLVED/WON IM GOING TO KEEP MY SIGNATURE BLANK AS IM AWARE THE BANKS TEND TO TRAWL ON SOME OF THESE FORUMS AND AS MY CASE IS A LITTLE COMPLEX IT WOULD BE EASILY SPOTTED
DONT WORRY - THE INFO SHALL RETURN ONCE THE CASE IS RESOLVED/WON
Paypal help - them and the law
off ebay.
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Originally Posted by lookinforinfo
didnt pay by credit card unfortunately
