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Ebay private seller issue


heidi1
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Hi just after some advice please.

 

Not sure what my rights are here and dont actually think I have any but here goes.

 

I bought a pram on ebay for £300.00, from a private seller (I think). I collected it in person after driving for around 2 hrs (I got a bit lost looking for the house too which didnt help). It was set up in the tiny kitchen, all seemed well enough. There was no room to push the pram to "test drive" it, the light was very poor too, but hey ho. I handed over the £300.00 (I just wanted to get home at a reasonable hour) no receipt was given for the cash.

 

On closer inspection today, it has become apparent that the chassis is faulty. The folding mechanism is tempremental at best, one of the front wheels is catching on the chassis, the seat was dirty and had dried milk/vomit/ who knows what else dried into the seams, there is a small slit in the fabric of the hood. All this on a pram described as in "As new condition". If she had told me about the issues when I phoned her and asked her, then fair enough, but no "its like new, its only a couple of months old"....lie, its 12m old in March, the only thing she did mention was the few scratches on the back from where it had been in and out of cars.... sure theres a few scratches, and a few more. Theres actually quite alot I'm not happy with. If I'd paid £150 then yeah ok fair enough.

 

Her arguement is now of course "well you gave the money and took it away, why did you buy it if you weren't happy with it". Just how long she wanted me to stay at her house and appraise it for I dont know, there wasn't the room to do it nor the light. I bought it yesterday, the pram hasn't been out of the house yet. Its not like I've had it 3wks and gone "ooh I dont like it".

 

I'm rambling sorry.

 

So, Ive asked for a refund, she got all funny and put the phone down. Do I have any come back with this at all (apart from raising a case on Ebay, in which case they will only mediate anyway)

 

Thanks in advance, and well done for getting this far :)

 

Hx

I am not a legal expert, any advice I give is based purley on experience or opinion.

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  • 2 weeks later...

Hi Heidi - sorry you didn't get a repsonse on this.

 

Unfortunately eBay's stance is that cash on collection gives you time to look at the item first before parting with payment and unless you're prepared to start what could be a lengthy process to try and force the seller to refund on the grounds that she withheld information you had specifically asked for and made it difficult to fully see the item, I think you're fairly stuck with it.

 

However, if you do open a case with eBay, and really argue that case clearly and with all the information that affects your reason for wanting a refund, there is a very slim chance eBay will make a no-fault refund. Take photos to add to the dispute. State that you have tried to resolve this with the seller and you are willing to make the long journey back to return it.

 

If not, and you are stuck with it, you can then leave appropriate feedback if you have not done so before.

 

The reason for raising the dispute is that, if the seller does not resolve it, then they will get a strike on your account. Also, the seller will need to respond and that will mean they demonstrate to eBay that you have paid.

 

This is important because if the seller was to claim you were a non paying bidder, and open/close an Unpaid Item Dispute, they could then apply for feedback to be removed.

 

By raising the SNAD dispute, they must either respond to state their side of the case, or if they do not, you may just be in with that slim chance of a no fault refund.

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  • 4 weeks later...

If you didn't pay via PayPal you have virtually no chance of a refund. It's rare PayPal will refund from their own pocket in a normal case, however as you've paid cash you essentially have no chance. I lost £150 this way last year.

By day, computer and mobile phone technical support... by night home mechanic and Rover / MG enthusiast!

 

Cars: 1998 Rover 620ti

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  • 3 weeks later...

there is an old say cavet emptor let the buyer beware, sadly you have no real chance of a refund you would have been better and safer buying somthing like a pram from a reputable source even if you had to buy a cheeper modle at least you would have the comfort of knowing that it was safe.

If I have been of any help, please click on my star and let me know, thank you.

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