Ebay buyer protection and returns

[Zamzara]

I bought a phone on eBay (paid with Paypal) and returned it after 2 days. The seller offered 7 days return, and in any case distance selling rules apply as it was not an auction.

 

This was 6 weeks ago and so far no refund. I have proof of delivery of the returned phone. I have asked for the money back several times but he keeps fobbing me off and asking me 'confirm' some information before it can be processed. After I confirm the information I never hear anything more.

 

What I want to know is whether I can pursue this through the eBay/Paypal complaints system, or do I have to take action on my own? I don't want to report it as not received, as it was received.

[noomill060]

Did you send it back recorded delivery?

[noomill060]

Oh, I see that you have proof of delivery.

 

Why did you you sent it back?

 

Is the seller a trader?

[dpick]

I bought a phone on eBay (paid with Paypal) and returned it after 2 days. The seller offered 7 days return, and in any case distance selling rules apply as it was not an auction.

 

This was 6 weeks ago and so far no refund. I have proof of delivery of the returned phone. I have asked for the money back several times but he keeps fobbing me off and asking me 'confirm' some information before it can be processed. After I confirm the information I never hear anything more.

 

What I want to know is whether I can pursue this through the eBay/Paypal complaints system, or do I have to take action on my own? I don't want to report it as not received, as it was received.

 

Hi I used the paypal Resolution centre for two complaints I had with ebay sellers the first for none delivery of goods £26 the seller only had £14 credit in his paypal account this was credited to my account I never got the rest. On the second occation the seller had nothing in his account and paypal did bugger all. I find them to be a waste of time.

 

dpick:mad:

[noomill060]

You have 45 days to start a not as described claim with Paypal- better do it as soon as possible- like now.

 

Did you sign for it on delivery?

[noomill060]

You are now covered for at least £150- whether or not the seller has the money in his account or not.

 

Quite often they have up to £500 protection. What does it say on the ebay ad you bought it off?

[stevokenevo]

 

What I want to know is whether I can pursue this through the eBay/Paypal complaints system,

 

What i want to know is why have you not asked ebay/paypal this question?

 

There are timelimits on these things, so i wouldnt waste any more time.

 

Get straight on to the paypal resolution centre.

[Angi]

what you need to do is open a dispute on paypal, its in the Resolution Centre, if you have any emails from the seller saying return & you will get your refund, let paypal know this. Also let the seller know what you are doing...sometimes they pay up...sometimes they dont. when you returned the item, did you use Recorded Delivery? if so check to see if the seller has the item by going to royalmail website. if they have it back, let paypal know this also, the more info you give to paypal the more chance you have of getting your money back. would like to know who the seller is..but I know we cannot put any names on here...(shame lol)

Good Luck with Your Claim

 

Angi x

 

 

If I have been of any help, please click the Scales of 'Justice' in the botton left corner. Thanks

[stevokenevo]

you need to update your signature Angi ;-)

 

When touting for praise you should direct potential 'clickers' to the bottom left corner

 

[Zamzara]

I'm already over 45 days from payment. I had no idea about that limit. Also none of the reasons for dispute apply anyway. I may just have to commence my own court action then.

[noomill060]

Unless the seller is a trader, any claim under DSR will fail.

 

Changing your mind is not a valid reason to claim a refund from a private seller.

[Zamzara]

He is a large trader. The 7 days return was also an express term of the auction.

[Zamzara]

I just submitted a Paypal dispute anyway, with the closest reason there is: item not as described. Paypal have replied that they do not resolve this type of problem.

 

LBA next I think.

[IdaInFife]

They do cover Snad claims. Only if you have bought this as an off ebay sale will they say the do not cover.

 

Was this bought through ebay as a buy it now? or did you come to an arrangement with the seller?

 

How did you fund the paypal payment?

 

Idax

[publicenemyno1]

Oh, the classic, 'we do not get involved in quality of goods issues'. Bull. I once had a [EDIT] claim a brand new, boxed item was 'not new' in order to get a refund. OP, I have a nasty feeling the seller was fobbing you off merely to make sure you were kept hanging on past the deadline for claims - after that he is safe.

 

Go the DSR route if possible, PayPal will only 'help' themselves to stop losses, never the customer.

[Zamzara]

It was a buy it now bought through eBay.

 

I fear that he was stringing me along until the deadline passed. Shame I didn't post here earlier, but I thought he was actually cooperating. Although paypal said the reason for not investigating is the type of complaint, not because of the deadline.

 

I sent a LBA to his address on Thursday, recorded delivery. It has not yet been delivered: if he fails to sign for it, does that affect anything?

[buzby]

Well, if he doesn't sign for it and it is returned to you, you cannot show you have successfully given proper notice. However, what was the primary reason for the return of the phone?

[Zamzara]

The reason for the return was that I cancelled under DSRs. The exact reason is a bit obscure, it's to do with someone else buying me another phone without knowing I was getting one myself. But it shouldn't really matter.

 

I actually emailed him to cancel the day after I ordered the phone, but he had already shipped it, so he knew to expect it to be returned. I was very apologetic and apologised for inconveniencing him. I agreed to pay for the return postage even though strictly speaking I could have charged him for that too.

 

He has 22000 feedback so I'm very surprised he is behaving this way. He might be from the 'old eBay' when it was almost all auctions and offering returns was unheard of, but it's not really an excuse.

[buzby]

Ah - if you mean he is a 'Power Seller' then you'll find therin lies the problem. I have ONLY had problems with so-called Power Sellers, and found eBay usually unwilling to take an interest. However, do make sure his account is designated 'Business' as DSR will not apply if it doesn't. That said, since your reason for refusal is effectively a change of mind, this in itself is not a good reason for return if the DSR doesn't apply. Many will have sympathy with a seller who fulfilled your order as requested.