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  1. Hi, I recently sold a mobile phone on ebay for £200, I listed in the article twice that the phone had a defect and I had numerous emails from buyers asking about it which I gave full information on, some of them bidded. It was then sold and the money paid - i sent the item out, a few days later the buyer puts in a dispute saying that the item doesnt match description as it has a defect (yes the same one i listed in the article). After a few back and forward emails ebay stepped in and yesterday I got an email saying they have decided in buyers favour - immediately i contacted ebay who informed me this wasn't the case and it was an automated email but they have asked buyer to send item back and i should check it when it comes back for any faults. Now if they would of read his complaint to me they would of realised it was the same thing i mentioned in the article and looking at ebays OWN terms and conditions it does state that they will not decide the buyer is right if the defect is mentioned fully in the article... but obviously it seems they have ignored this and are trying to push for a refund anyways... as far i'm concerned they are now in breach of there own contractual agreements with me and anyone else who has a similar issue. I am pushing the complaints every day and seeing if I can get anywhere but keep getting conflicting emails off different members of ebay staff all the time. Some saying when I get item then I should appeal and say it does match description, others saying it will auto refund when it is returned. I have closed my paypal account (can they still push a refund?) and will be closing my ebay account after this, I am totally unwilling to give a refund based on what the buyer has said (he has simply changed his mind). Does anyone know where I stand on this as I am totally willing to push a small claim against ebay for breaching the contract and going against there own buyers/sellers protection guidelines. As you can imagine, this locked my paypal account for like 2 weeks and caused loads of issues with shops I use paypal to pay - and it looks like this is going to continue for a while yet. Thanks for any help Kevin
  2. Hi I have recently sold a new galaxy S4 on ebay then after 5 weeks the buyer as opened an item not as described case. The buyer left positive feedback saying the Good & genuine product good service. I spoke to the buyer trying resolve this and quite clearly stated in those messages I am not prepared to give a refund as this was brand new and worked perfectly. The buyers problem is that apparently it as now got problems getting a signal which it didn't have until 5 weeks after?!?! I have offered to ring the shop I got it from to see if it would be repaired if this was the case but never heard anything back for 9 days. I then after speaking to ebay support I escalated the case as there had been no contact from the buyer and being assured that the case would go in my favour as it was accurately described and genuine product and the description also stated no returns accepted. 2 days later I get a final decision siding with the buyer and Ive got to give them a full refund!!! How can this be??? I'm now going to end up with a used damaged phone if its even the same one and have to give a full refund for a brand new phone that obviously in the 7 weeks that's gone past now isn't worth as much anyway and is used. It seems to me that Ive been ripped off and cant do anything about it? its one way of getting a mobile phone for rent free for 2 months! Is there anything I can do? cos to be honest I don't have the money now so I assume they are going to take it straight out of my bank account. Surely this cant be right!! Ive done nothing wrong but look like I going to be £500 out of pocket for selling something brand new and working please somebody advise
  3. Hi I’m a new member and feeling a bit unsure of how/where to post so please bear with me. I know this is long but I wanted to include everything so that readers would have the whole picture. Thank you in advance for your support. On April 2, 2013 I listed a wedding dress auction. I had indicated in the listing, this dress came as a donation item in effort to contribute to active fundraising activities. The dress description indicated that the item had the tags in place, would need to be cleaned and pressed, and had a few clasps that were coming loose. The listing gave specifications of the dress to include measurements, fabrics, and original retail price. Also included in the listing was that the dress was donated and all proceeds would be directly given to the charitable organization, in my area, I included details about the organization name and efforts. Pictures used were taken the same day as the listing was created. Upon completion of the listing, the dress was wrapped in plastic, was then placed into a box with packing papers for added protection, and made ready for shipping. The buyer contacted me on 04/08/2013 with an inquiry about the train length; she requested that a photo be taken of the dress on so that she would have more of an idea as to the length. I explained that the dress does not fit me and an attempt to photograph myself in the dress would not be a fair representation. I did not tell the buyer that I’m just five feet tall, 109 pounds and a size four, the size 22 dress is 18 sizes to large but only that I did not feel it appropriate that I model the dress. I instead sent her a photo of the train and a link to the David’s Bridal webpage so that she could get exact dress specification. She responded that what I had sent would suffice. She then sent a follow up message asking what color the dress was. I told her it was Ivory. The auction ended with her as the highest bidder. Once payment was received total amount of the funds were taken from my personal account, minus shipping and selling fees funds and donated in the original dress donator’s name. The buyer and I exchanged a few very pleasant messages; she requested a tracking number which I provided. I messaged her tracking details and expressed that I hoped she would be pleased with the dress. On April 22, 2013 the buyer contacted me to express her dissatisfaction with dress; she indicated that the train of the dress was dirty and that she believed that the tags had been replaced after it had been worn. I responded conveying my disappointment that she was not pleas with the dress, assuring her that the dress had not been worn, as well as reminding her that the listing had clearly stated that the dress would need to be cleaned. I further explained that the funds had been immediately donated to the Best Buddies organization and were no longer in my possession. She responded that “it is an insult to have a worn wedding dress on my wedding day.” At which point I remained apologetic in her disappointment but assured her that the dress had not been worn prior to her receiving it; I again reminded her that the listing clearly indicated that the dress would need to be cleaned. At which point (01:04 PM PST 04/22/2013) she exercised the “Buyer Protection” option under the classification that the item was not as described, stating that the train was dirty and that “NO BRIDE WANTS A DIRTY WEDDING DRESS ON HER SPECIAL DAY!!” Throughout that same day we, exchanged many of the same details within the dispute resolution process. I attempted multiple times to assure her that the dress had not been worn but as indicated in the listing, it did need to be cleaned. She indicated that she would send pictures of the dress and that I was untrustworthy. That same afternoon (03:54 PM PST 04/22/2013) she responded stating that she would keep the dress under the condition that I pay for cleaning. At which point I stated that she was essentially asking me to pay for something that was stated as needing being done in the first place but to go ahead and get the estimate and in the meantime I would need to find out what my rights were. The following morning (07:32 AM PST 04/23/2013 she indicated that she had taken the dress to the cleaners and that it was estimated to be $100-$150. She went on to details other areas of the dress that were of concern; stating that they were the professional opinion of the cleaners. I expressed an interest in seeing an itemized statement from the cleaner, as my own wedding dress with preservation had not been as high. I also told her that the areas of concern were not noted when the dress was in my possession. I also asked if she had taken it to more than one cleaner. She responded that she had taken the dress to two cleaners and that the second cleaner estimated that the cost of cleaning would be $100-$125. She also indicated that the cost of living in area residence was much more affordable. She knew this because she has shopped in an area that is more than four hours away and that she knew “all about the CHEAP PRICES THERE.” Moments later she responded stating that "ALSO TAGS CAN BE REATTACHED!!! AS I BELIEVE IS WHAT HAPPENED HERE. CONSIDERING I USE TO WORK IN RETAIL. I HAVE HAD SEVERAL PEOPLE RETURN ITEMS WITH THE TAG ATTACHED BUT SMELLED LIKE PERFUME AND HAD BEEN WASHED. " While I did not agree with her request, for resolution purposes I agreed to pay ½ of the cost of her lowest cleaning estimate, which would have been $50. I did not hear from her again on this day. I contacted an ebay representative (07:36 PM PST 04/24/2013) in order to understand how the process works and how I might be able to submit several of the photos of the dress while it was still in my possession, as well as a written statement from the donor in regards to the dress condition and history. At the suggestion of the ebay representative I requested (08:26 PST 04/23/2013) that the buyer upload pictures of the dress so that I might be able to see her concerns. The following morning (06:04 AM PST 04/24/2013) the buyer responded, stating that she would accept $65 for the cleaning of the dress and that she would upload pictures of the dress if ebay would instruct her as to how to do it. I repeated the instructions that I was given by the ebay representative who indicated that it was allowable to use the ebay messages area to upload supportive evidence for verification purposes; stating that once an upload has been completed to then make a note in the resolution area, both platforms are monitored by ebay & will be used when making any determinations on the case. I again requested that share the images in the ebay message area and then make note of the upload within the resolution area. This request elicited a withdrawal of all previous negotiations and a cease in all communications from the buyer. Her last communication (07:40 AM PST 04/24/2013) "I CAN DO SOMETHING EVEN BETTER FOR YOU. I WILL SEND THE DRESS BACK TO YOU SO THAT YOU CAN SEE FOR YOURSELF. AND I WILL SEND A NOTE WITH THE DRESS DESCRIBING ALL THE AREAS OF THE DRESS THAT ARE DIRTY. THAT WAY YOU CAN SEE WITH YOUR OWN EYES. I WILL REQUEST A RETURN LABEL FROM EBAY TO SEND THE DRESS BACK TO YOU TODAY. THAT WAY WE CAN SOLVE THIS TODAY....I WILL NOT GO THROUGH ANOTHER DAY OF ARGUING. THIS IS WAY OUT OF CHARACTER FOR ME. I USUALLY WALK AWAY FROM ARGUMENTS. I WILL LET YOU KNOW THE TRACKING NUMBER WHEN I TAKE THE DRESS TO THE POST OFFICE. HAVE A BLESSED DAY." That evening I had not heard back and sought clarification as to where we were in the process, previously the buyer had indicated that she would share pictures and was agreeable to splitting the cleaning expenses. Based on her last communication I asked for clarification as to my understating of where we were in the process stating that my understanding “As I understand it, you do not wish to send photos & plan to move forward in the dispute process. Is this correct? " The buyer did not respond and did not supply me with pictures or a written estimate of the cleaning bill. When the time for “working it out” had passed, I contacted ebay and asked if I would be able to escalate the process. I was told no that the buyer would have to do this but at that time I would be able to submit my pictures and written statement from the original donor. The buyer escalated the case early the next morning at which point I received notification from ebay that I would be contacted within 48 hours. This morning, I received notice that ebay had made decision, stating the following: Decision: We've asked the buyer to return the item to you for full refund. Comments: The buyer has been asked to return the item to you. Once tracking shows the item has been delivered to you, the buyer will be issued a full refund. I contacted ebay again. I told the representative that I had been advised that I would be provided an opportunity to submit my own “evidence” once the case had been escalated but this had not occurred but yet a decision had been made in favor of the buyer. I was told that message may be a bit misleading. At this point the buyer was to return the dress to me and I was to inspect it and contact ebay upon receipt. At this point I would be able to file an appeal and give my “evidence” as to the condition of the dress. The rep assured me that by no means was the case closed. I’ve been a user for some 12 years, I have successfully engaged in hundreds of mostly buying and a few selling transactions. While I am disappointed in the outcome of this transaction, I have tried unsuccessfully to negotiate a fair end for both parties. As indicated, the posting clearly stated that the dress would need to be cleaned. Even though I do feel that I accurately represent the condition of the dress I still offered to share this burden of cleaning for the sake of resolution. I made no unreasonable demands, nor did I question the buyer’s integrity (though mine was continually attacked). I continued to keep respectful communications open but was met with opposition of silence. The funds from this sale were given to charity, I simply do not have the means to meet this out of pocket burden and I’m not feeling overly confident that ebay will be of any support, there is no recourse for me as a seller and there has been no opportunity to be heard. I strongly doubt that once the dress is returned and in my possession I will be given any other means of dispute and will have to shoulder this regardless. I plan on closing my ebay account once this is resolved, based on principle. I have no desire to continue contributing to any operation that is biased and partial. I do however I do need my paypal account. I’m clueless as to what to do at this point. Please any advice would be greatly valued.
  4. Hi, I'm looking for some advice on the distance selling regulations and how they apply to a Chinese Marketplace Seller, selling goods through Amazon's marketplace. We bought a tablet at Christmas and it will no longer charge. Amazon say it's ou side there 90 day A-Z guarantee and say deal with the company it's nothing to do with them. The company says that it is under warranty for 12 months so they will repair it but only if we pay £25 for postage. As far as I'm aware the buyer should not have to pay for return postage if the goods are faulty. I don't think any buyer should have to pay for return postage when goods go wrong so soon after buying them, but even if we were prepared to pay for it, we could find ourselves in the same situation at a later date if it goes wrong again and they ask for £25 postage for another repair. Has anyone any information on this please Regards Chessa
  5. Hi All, I am sooo very angry so please bear with me here! I recently sold an old phone (due to upgrade) through eBay. As I put it with my car keys to remember to take to work to post the next day I realised I hadn't declared that it had a small crack on the screen, it didn't/doesn't affect the function of the screen. As soon as I realised the mistake I had made I emailed the winner, via eBay, explaining my mistake and offering him the option to cancel the transaction. I received no response, so emailed again 24 hours later saying if I had not heard from him, I gave him until 10am that morning, I would relist it. I didn't hear from him at all but DID receive payment for the phone that evening. I gave him every opportunity to ask questions re. the extent of the damage or to cancel the sale. He has now received the phone and decided that he is going to open a case against me saying it is not as described. All he does is give me abuse and tell me I think I am smarter than everyone else ( I am definitely not nor do I think I am!!) and eBay are being really unhelpful, although they can see that I sent him two emails they have put my Paypal account into a Negative balance of £51.50. This either puts me £51.50 out of pocket for eight days or unable to use my Paypal account. I asked to speak to a manager and eventually (after 1.05hrs) got a "manager" although her mannerisms etc were exactly the same as the previous girl I had been talking to. They won't escalate the complaint until after 8 days, even though looking at the emails it is quite clear that it is not going to be resolved. To add to my problems, he has given me negative feedback saying that my item was not as described and that he had opened a case, eBay Customer Services would answer whether that negative comment would be removed if they found in my favour. The thought has occurred to me that maybe the phone has been damaged in the postal system but how do I prove this? I have proof of postage but no schedule of condition of the phone when I posted it! Any advice on making sure that the eBay do find in my favour? I am certain that I am in the right but have heard of instances when eBay really don't care about the sellers and nearly always find in favour of the buyer. This buyer wants to keep the phone AND have a refund, I have told them definitely not! I know that there are always two sides to every story but I made two attempts to contact him and am quite worried that I am either going to have my eBay account closed, or some massively negative feedback. I am not a regular user to sell stuff but I do buy quite a bit through them. Any advice? I have reported the buyer and tried to put my point of view across to him but he just gets horrid and it is upsetting!! Sorry for the long winded post Thanks.
  6. Hi Guys, Advice please, I bought an HTC Desire X phone for my son on ebay from a seller in Hong Kong (alarm bells should have rung then). All the feed back seemed ok at the time. Delivery should have been 25th Feb to today but I have checked the status and although the seller is still on there are 0 items for sale and a few very unhappy customers saying that either the goods didn't arrive or the goods they received were fake. I did use the .co.uk website if that makes any difference. I did have the sense to pay by pay-pal and I used a credit card. My question is, do I contact e-bay and go via that route or would it be quicker and simpler to go via paypal or my credit card company? Any advice would be most appreciated. Thanks sugarbubbles1
  7. After a bit of advice. Have a bit of a problem where I purchased some goods on Amazon from a business seller. I received the items the other day, but on opening the packaging - the item model is wrong. The items are not suitable for me at all. Now the seller's been quite good, and said that they will offer me a partial refund if I want to keep the goods, or said that they will arrange for a courier to come and pick the goods up, and offer me a refund. First time I've had a problem but I'm obviously concerned in case the courier picks the goods up, and seller claims they've not arrive or something? I'm assuming if I get some paperwork from the courier to say they've picked the items up this will be fine and if problems I can claim through Amazon still? Or not? I contacted Amazon who've told me that firstly, they wont get involved unless a case is opened, and also that the seller is under no obligation to provide me with return costs if I arrange for my own courier. Goods are over 20kg so concerned about the costs of doing that anyway.
  8. Hi folks. This is my first thread so be gentle. I recently won an item on eBay. The item was one of only 1000 released. I won it for approximately the price that it sold for in the shops when it was first released. The problem is that the seller has made baseless accusations against me and refunded my payment and is refusing to conclude the transaction. I do not want to cancel the sale. I want the item that I won. The seller is also the Managing Director of a small company in England. His company sells items related to the one he sold me but he sold me the item through a newer private account and not his business account. (I'm not sure if that's relevant or not.) The only other way to obtain a copy of this item is to pay substantially more than I paid this seller. The seller has accused me of making threats (which is provably not true) and has refunded my money and said that he will not be sending me the item. Here's a few other points that may be relevant. The seller's listing claimed that he would be posting the item within 1 day of receiving payment. I contacted him 3 times asking when he intended to post the item because the 1 day deadline for dispatch had passed. I contacted him on Saturday asking him for the tracking number for the item as he had marked it as dispatched. This was when he chose to respond. He claimed that he had intended to post the item on Monday (5 days after payment) because the Post Office was shut on Saturday but that since I was being rude (!?) he didn't want to deal with me and was refunding my payment. The post office can be proved to have been open on the day that he claimed it was shut. I suspect that he is just being greedy and wants more for this item and that he used my requests for acknowledgement as an excuse to cancel the sale. Now, my question is, can I take this seller to the Small Claims Court for the cost of replacing the item from another seller? I want the item (which cost only £56 from the seller in question) but to replace it will cost between £130 and £170 plus P+P. I consider this a breach of contract and I further consider that since the item will cost substantially more to replace I am out of pocket. This seems to be exactly what the Small Claims Court is for. What advice can anyone with experience of the system tell me about how successful I would be, if I decided to pursue this case through legal channels? To further confuse the situation, the seller is in England and I am in Scotland. Many thanks.
  9. I bought an item online 4/10/12. As I still hadn't received it this morning, I logged into my account on the sellers website to find that my order is still listed as 'pending'. I phoned the seller immediately and he stated that he had not received my payment. I paid through the seller’s payment processor ... Nochex. I paid on the 4/10/12. I immediately checked my bank statement online. The payment came off my account on 9/10/12.. . there's a payment reference number on my statement. I informed the seller of this and he said he'd check with Nochex re same. He got back to me later and said that he hadn't resolved the issue with Nochex. I told him that I wanted my goods to be dispatched today as I've paid for them and have proof of same. I said that I was more than willing to send him a screenshot of my bank statement as proof that the item had been paid. He didn't seem impressed as he said that he was still without the funds. I said that was between him and Nochex to resolve and had nothing to do with me. He said [begrudgingly] that he would post my item today. It's now 7.30pm and there's no change to the status of my online account . .. my order is still listed as 'pending'. What is the legal position on this? Surely the dispute is between the seller and his payment processor to sort out. I've paid in good faith. The money has left my account. Does he not have a legal responsibility to send my goods? Cheers.
  10. Hi everyone, I hope that someone here will be able to offer some advice. I recently bought a MK5 Golf from a private seller on Ebay. The car was described as excellent condition etc and the seller is a mechanic and stated that all repairs / modifications had been carried out by him. Got the car checked over by VW as a couple of Engine lights came on, and they have come back with a list of about 15 things wrong with the car, some of which are major parts that will cost a lot of money to fix. I know I don't have many rights as I bought the car from a private seller and I am fully aware that I might have to suck it up and get rid of the car. However I was just wondering if the fact that the seller stated that he was a mechanic and carried out all repairs himself (after saying that the car was in excellent condition) would give me any sort of right to complain that the car is falling apart a couple of weeks after I purchased it? If he did the work himself could it be his fault that the car is broken and do you think I could prove that he knew about the faults before selling it to me? Thank you in advance for any advice, all help is much appreciated! Kind Regards, Andy
  11. I wonder if any one can offer me some advice on what to do? I agreed to buy a piece of furniture on eBay. It was a buy now auction. As soon as auction ended I contacted the seller to ask how they wanted payment and to arrange collecting piece of furniture. (As it was collection Only). The seller never responded to my messages. I continued to try and contact them for 4 days but never got a response. 5 days after auction ended i got a message to say a unpaid item dispute had been opened. I did not want to get a unpaid item strike so I stupidly paid for item through PayPal. I continued to try and contact seller to arrange collecting furniture but got no response. Then I discovered that seller had relisted the piece of furniture I had agreed to buy and paid for. And had sold it to some one else. I emailed them again to ask what is going on and asked for a refund but still no reply and still no refund. I have continued to try and contact them but have had no response, and they have not refunded my money. I requested there contact detail via ebay and tried phoning the number supplied and it just rings no one ever seems to answer. I tried to open a item not recievd dispute but ebay just keep telling me its too early and that i have got to give the seller more time to send. Which is ridiculous as the seller isn't sending any thing as it is collection only. So waiting is not going to make any difference. I have tried to contact ebay to complain and to try and report seller. but so far ebay have been useless and keep just sending back automated responses. And on the phone they keep telling me ill just have to wait and then file a item not recieved dispute. I am at my wits end and don't know what to do. It was not a small amount of money. I paid over £150 for the piece of furniture. Is there any thing I can do to get my money back. If I wait and file a claim with PayPal next week, what are my chances of getting my money back. If the seller has already taken my money and used it or transferred it to there bank account, and there is no money left in there account, will I still get my money or will PayPal just tell me they could not recover it. Also i am concerned that they will do the same thing to other eBay members, is there any way I can warn the other person who has agreed to buy same wardrobe as to what has happened and not to pay. So they don't end up in same situation. Wouldn't you want know if you were the other buyer any advice would be much appreciated thanks in advance
  12. Hello I bought what i thought was three authentic Hollister women's t-shirts but turned out to be fakes from a ebay seller, I opened up a ebay case seller refunded for just one of the shirt's and case was closed automatically. I have opened up a new case regarding the two outstanding fake shirts, not having much look with seller, ebay not helping. Should i take it to Paypal and open a case? Thanks
  13. Hi there, please forgive me if I have posted this in the wrong section. I am looking for a little advice as to how to handle an ebay buyer protection dispute. If I can just provide a little back story; I won 2 auctions on ebay for the total amount of £74.01 I bought 30 cloth diapers and 60 bamboo fibre diaper inserts, I paid immediately through paypal which is linked to my visa debit card. I received 2 small envelopes (2 auctions) with 1 insert in each. (not even bamboo and worth virtually nothing). The items received I signed for at my door. I contacted the seller asking what the mixup was was sent a generic email apologising and promising to put it right, a few days go by I email again, no response. I opened 2 claims with ebay as 'Item not as described'. In the info I did write that I would be happy to wait for my baby's nappys or that I would like a refund. The seller is a power business seller on ebay, they had over 99% positive feedback I did check this before I bought the items. All of a sudden this month over a hundred people have left negative feedback saying that they had exactly the same issue as me. Some peopke did say 'full refund given' on the feedback. I contacted other buyers through ebay messaging and asked if they got refunds, all of them did and didn't have to send anything back. Ebay informed me that in order to receive a full refund I would have to send back the inserts at my own expense, they offered me a 25% refund on shipping cost when I explained that it was cost a fortune to send the inserts back. So basically with the discount I am looking at paying about £43 shipping costs... Ebay have specifically requested that the package be signed for in China to prove receipt so I can't just send it tracked through royal mail as this is uk only. Must also use parcelforce to get the dicount. So basically I know that technically I 'won' the dispute because I'm getting my £74 back but by the time I've spent the money shipping I'm still totally out of pocket, I would be prepared to swallow the cost and learn from it but why is everyone else getting a refund without sending and I'm not? I've called so many times and asked to speak to a manager and nobody ever gets back to me the managers always seem to be in meetings..... I even asked if I could just pay the cost of the inserts which are worth about £2 and just get the rest of my money back... nope. I found an address for ebay eBay UK Ltd Complaints Department PO Box 659, Richmond-upon-Thames Surrey TW9 1TX but apparently the letters go into a big black hole and you can't do anything about it. I've kind of looked into the chargeback facility with my debit card but it looks like they would want the items returned too. Paypal won't help me as I've already logged dispute with ebay itself. Anyway......Sorry it's so long... Any advice much appreciated. Thanks
  14. Hi All, Second post in as many days - sticking up for my consumer rights! In brief, I ordered an electrical car component, that turns out I don't actually now require. I emailed the online store asking to return (within 7 days of receiving) and was told as it was an electrical item they could not accept it back, and that this was standard practice within the motor trade. I did a bit of reading up on the DSR and could find no reference allowing a seller to refuse a refund on this basis. I then emailed them to this effect at which point they got a bit stroppy and basically said I could sent it back but would be charged a 15% re-stocking fee and would not get the original postage refunded. Again I replied saying I didn't think the DSR made no provision for re-stocking fees and the original postage should also be refunded. Not heard anything back from this though. What are my next steps? And have I interpreted things correctly from the DSR? (Happy to be told if I haven't!) I could let the whole thing go and just flog said item on eBay, but I'm not sure why I should have to. Thanks.
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