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    • Hello, I am a private seller and recently sold a pair of trainers on eBay.  Everything seemed fine until just after the eBay 30 day mbg had expired.  The buyer contacted me with photos showing me that both shoes had ripped.  He wanted his money back, and after refusing to refund him, he then left me retaliatory and defamatory feedback on my profile to the effect that I had sold him fake trainers (this was removed by eBay).  He then initiated a chargeback via Paypal.  Invariably, the outcome was in his favour, and I have now been charged for the cost of the trainers.  I would have also been stung for the chargeback fee, but eBay refunded this.  Incidentally, I do have the email receipt of the trainers from when I bought them from a well-established and bona fide online retailer.  The susbequent conversation with eBay followed its predictable course, i.e. the chargeback is out of their hands etc. I have been in contact with citizens advice, and my bank.  Citizens advice told me that as a private seller I'm responsible for the "Title and description" of the goods, but not the performance, or the fitness for purpose.  To me it is clear; if you receive something that's not as described, you don't then use the goods, and more than 30 days later claim 'not as described'.  In my mind, this makes the claim fraudulent.  He's used the 'they're fake' card to give credence to a 'not as described' claim here, obviously, without any evidence.  My understanding is that the chargeback is unlawful, because the trainers were shipped as described.  However, I read something on an eBay forum regarding sellers having no statutory rights, i.e. no right to appeal against a chargeback decision, or to complain to the financial ombudsman.  Does this mean that if my bank disputes the charge on my behalf, it will be to no avail, even if it's recognisably a fraudulent chargeback?  I have reported it via the Action fraud website. Any advice, anyone?  Would be most grateful!
    • Thank you, I have drafted my letters and started to complete the reply form, printed from this site and not using the one they provided.    2 questions, on the forum link it says to tick box D & I, the reason for box D will be given on my thread, what would my answer be to "I dispute the debt"?  Do I send anything for the Vodafone debt they have included?  I've only done 118 loan s. 77 & capital one credit cards so. 78    Thank you  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Phone Recyclers - no money, no phone, no response


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On 21st October 2016 I entered into a contract with PhoneRecyclers whereby they offered to pay me £80.00 for a fully functional Samsung Galaxy S4 i9505 LTE.

The device was posted to them on 25th October and I received an email from them on the 28th October claiming the phone was damaged and offering me £20.00.

 

This email went into my junk mail folder and I did not discover it until 7th November.

In their email they stated that my item had “LCD Bubbles” and “Dents all over the body” and offered me a reduced price of £20.

 

They also stated that if I was unhappy with the reduced offer to contact them immediately on the email address provided or call them on the number provided and they would cancel the order and send my item back to me.

(No mention of any fees for this). I disputed their evaluation on 7th November and requested that they cancelled my order and return my phone as per their instructions in the email they sent me.

 

They emailed me again on 9th November offering me a revised price of £26.00, which I also rejected, and instructed them to return my item to me again.

I got no response, so I emailed them on the 16th November asking for an update on my order, and again on the 17th November. They emailed me on the 18th November whereby they claimed they had tried to call me, but that they couldn’t get through. In this email they asked me to contact them on the number provided on their website to discuss my order.

 

I have tried repeatedly to call them on the number given, but this number continually tells me that all their advisers are busy and to email them, which I have also done repeatedly.

I emailed them on the 18th November stating that I had had no missed calls or voicemails and once again instructing them to cancel my order immediately and return my item to me.

 

They have emailed me again today asking me for a valid contact number so that you will try to contact me during working hours.

They have now been in possession of my Samsung Galaxy S4 i9505 LTE since the 28th October 2016 and I now believe it is their intention to defraud me of its full worth by claiming that the screen was damaged. I have now asked them on four separate occasions to return my item and given them reasonable opportunity to do so.

 

They have ignored these requests. I emailed them last on 22/11/16 giving them 14 days to either pay the full amount or return my phone.

 

The 14 days are up today. No money has been paid, the phone has not been returned and they have not acknowledged my last email, let alone responded to it.

 

Has anyone successfully taken this company to court?

 

What steps should I take next?

 

Any help gratefully received.

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First of all, please don't post solid blocks of text. Please put in proper punctuation spacing so that it makes it easier for people to help you. Otherwise it simply discourages people who otherwise would be prepared to spend time reading your story and supporting you.

 

On this occasion I've edited it for you.

 

I'm afraid that you've probably been had

 

Have a look at this forum and read stories there and you will start to understand http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?416-Cash4phones-DeviceBuyer-and-other-mobiles-to-cash-companies

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Thanks for responding. Apologies for the poor presentation, there were breaks between paragraphs prior to hitting the submit button. I had already read a great number of posts on the link you gave me, which inspired me to add my own story to drum up other evidence specifically regarding the company calling themselves "Phone Recyclers". I have reported to Trading Standards in any case.

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We spent years reporting Cash4phones to Trading Standards and no one ever took any notice. We reported it to Action Fraud and they refuse to take any information from us because we want ourselves the victims – even though we were speaking on behalf of lots of victims.

 

Action fraud generally seems to do nothing other than maybe gather some statistics. Trading standards now seems to have close themselves off and be inaccessible to the public and they see themselves as some kind of cloak and dagger operation. In fact if you want to get a message through to action fraud then apparently you have to do it through Citizens Advice. So far as I know, in order to speak to Citizens Advice and log a complaint, you have to make an appointment to go and see them. This may be wrong – please correct me.

 

In the end, it looked as if some action might just be about to have been taken in respect of Cash4phones when they went into liquidation. We know that there were at least £200,000 worth of debts. We know that there were also several thousands of unclaimed telephones which were then sold off by the administrator for a very cheap price and I believe that they went to somebody who is based in Cyprus. The people who are running the cash four phones [problem] were Cypriots.

 

Go figure.

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Funnily, Citizens Advice just got back to me about another case I reported to do with secondary ticketing (I am having no luck online at the moment whatsoever). I will email them and see what the outcome is. Am not hopeful, but am not prepared to roll over and accept defeat yet. Thank-you for the info, it is appreciated.

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What you could usefully do, if you have the time, is to trawl around the Internet and give them a one star review and let people know about what is going on. I'm sure that you're not the only victim – and I'm sure you won't be the last.

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By the way, the MO is exactly the same as Cash4phones. I expect that they are the same people or some of the same people.

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