Ebay side with buyer 5 weeks after sold item?! it was brand new!! Help!

[kevvyast]

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

[Swoosh84]

You can only ask that the Phone be returned to you so at the very least you have this back. Unfortunately if the phone has developed a fault then its the sellers responsibility to put it right. The contract is between you and the customer and the manufacturer has nothing to do with this. Upon receipt of the phone if there are issues you can take it up directly with whomever you got the phone from.

 

The buyer may be genuine in his case with the signal, Its actually a well known problem with the S4. At the end of the day, we have all had a product that has not lived up to expectations and it can take weeks, sometimes months to notice these faults.

 

In respect of taking the money back, they will have no doubt ask the buyer to return the phone by recorded delivery. Upon receipt of the delivery confirmation from the Buyer they will issue them for a refund from their own coffers and then deduct this amount from your account.

[kevvyast]

Thanks for the reply

 

How can this be my responsibility when they have had this for 5 weeks and could of dropped it or anything? I don't understand, that's like saying if they bought a car privately and something went wrong they could take it back and get a refund.

 

Basically means that I sold a phone that worked perfectly and was brand new for someone else to break it and I have to pay. how does that make sense either when states no returns. Sorry cant get my head around how that can be right?

[kevvyast]

also what if I take it back and they say its been dropped or water damage? that means Im basically been made a mug of and out of pocket by £500

[CrappoMan]

Unfortunately if the phone has developed a fault then its the sellers responsibility to put it right. The contract is between you and the customer and the manufacturer has nothing to do with this.

 

Not if its a private seller. Most of the Sale of Goods Act applies only where the seller sells goods in the course of a business

[kevvyast]

Not if its a private seller. Most of the Sale of Goods Act applies only where the seller sells goods in the course of a business

 

I am a private seller that's why I cant understand

[kevvyast]

I have just rang ebay and spoke to a representative and they have said they will not being taking a refund after reviewing the case. he said he will be sending me confirmation shortly and don't know if have been fobbed off to be honest. Think I should of waited whilst on the phone to receive the email I did however get his name so do you think Im best to ring back and make sure I have confirmation?

[CrappoMan]

I have just rang ebay and spoke to a representative...

 

You did record the call, didn't you ? As has been said on this forum countless times, invest in a call recorder of some sort and you wont have to worry about things like this. Then there is no need for confirmation emails, just keep the recording on your computer in case it is needed in the future. In case they did take the money back from your bank account, you can use the direct debit indemnity, and if the bank require proof, you have the recording!

 

If you don't get a confirmation email in 24hrs, ring them back and ask for it to be sent again.

[kevvyast]

no I didn't record it which in hindsight is stupid of grrrr, not had any mail from them so will ring in the morning again and prob get a different answer now. Kicking myself big time

[johnym]

Unfortunately you are responsible, buyers can open a SNAD dispute and receive a refund upto 45 days after the sale date.

 

 

I take it you got though to a foreign call centre? Ebays Manilla call centre staff are a joke that’s not even funny.

 

They often, if not always give out misleading or totally wrong information. They told you the case would be found in your favour when 99.99% of the time SNAD disputes are always found in the buyers favour. They’ll say anything to get you off the phone. Phone back and try to get the Dublin call centre, its totally random but phoning early morning usually helps. They’re actually very helpful.

 

 

On the plus side, if they don’t send it back tracked you don’t have to refund.

[wiseajak]

Hello

 

I understan your anger as this has happened to me.

 

Make sure you have NO reinbursement payment method on ebay file, this is in the financial section of the account tab, also make sure you have no balance in paypal.

 

I cancelled my card also and they coudnlt take a penny.

 

You are well in the right the buyer has left positive feedback and the signal issues are surely not your fault.

 

This is technically theft.

 

The buyer shouldnt be able to file any cases after 45 days of recieving the item, ebay have acted wrongly but sadly they always side with the buyers.

 

Even if you request the item back it has been known for people to send bk an empty box with travking and with that fleebay are satisfised it has been returned, sadly not the case.

[wiseajak]

I find emails and phone calls dont get you far at all.

 

You stand 0 chance of getting any answers if you get through tyo anyone in foreign call centre other than dublin.

 

Ebay are a law unto themselves.

[renegadeimp]

Only a law unto themselves if people dont get complaining and reporting. Or even go as far as taking legal action against them.

[wiseajak]

That would cost mega bucks!!

[wiseajak]

Who would you complain too or report to?

 

Iv complained to them myself but they dont take any notice.

[renegadeimp]

That would cost mega bucks!!

 

DOnt see how since you can do it through small claims court.

[renegadeimp]

Who would you complain too or report to?

 

Iv complained to them myself but they dont take any notice.

 

Complain to the regulators and Trading standards. If enough people do it, theyll be forced to take action.

[kevvyast]

You wont believe this cos Im still pinching myself!!!!

 

I rang ebay again today and got through to them and recorded the phone call in case they repeated what they had already told me. They stated that because the item was high value it had to be approved by management which takes 24-48hrs! So I thought he we go Im being fobbed off again and to wait for so called email.

I have just received this

 

A case has been opened because the buyer has an issue with an item purchased from you. We've reviewed the case and have decided to issue the buyer with a full refund of £521.50. The refund includes the purchase price plus original postage & packaging. The hold on this PayPal transaction has been removed.

This case is now closed. You aren't required to reimburse the buyer or eBay, and this case will not be counted in your seller performance evaluation.

 

You can view the details of the case in the Resolution Centre.

 

SO! they basically saying cant be arsed heres his refund and keep the phone and nothings changed talk about unbelievable! I am elated to not have to give a refund myself but how do people get away with this?!?! its just wrong hes now sitting there laughing for getting a full refund and a brand new phone for free

 

Im not knocking it but how do they come to this decision?

[renegadeimp]

Thats ebay for you, and its why they NEED to be reported. Also remember that they seem to have disregard for regulation and law. I mean look at their tax avoidance policy.

[raydetinu]

This is part of their ebay buyer protection scheme. when the buyer claims a fault, but not fair to penalise the seller! sort of insurance. to get people to use ebay!

Don't knock it. They do not do it if they fraud is apparent, its just an arbitrary decision.

good result for you anyway.