Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      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
        • Like

[problem]med by a chinese seller on ebay


bubbles777
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4339 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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

Link to post
Share on other sites

Hi bub

 

Welcome to CAG

 

Here's some info:-

 

http://www.which.co.uk/consumer-rights/online-shopping/online-auctions-your-rights-explained/your-online-auction-site-rights/

 

I think your problem lays in your choices. The Retailer on E-bay has delivered 'Items not as described' as part of the order, yet you still want to receive the other part of the order. You should have stated to E-bay, that the 'Items are not as described' and you want to cancel the whole lot. You want a full Refund. There is no logical reason why you should be out of pocket. I'm fairly sure that the Distance Selling Regulations also apply in this case as they are a 'Powerseller'.

 

I would go back to E-bay and tell them you want to cancel the whole lot, that you want a full refund and that the Distance Selling Rules apply, tell them if E-bay want the goods Returned then they need to pay for them to be returned, lets see what they say. Read the following:-

 

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf/

 

Also read:- http://pages.ebay.co.uk/help/policies/business.html

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

 

Thread has been moved to the correct forum.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...