Ebay seller not responding to return request.

[a2o]

Hello,

I wonder if anyone can help me. I bought 2 items from an ebay seller listed as a business seller. Firstly there was a problem with postage, 2nd item was supposed to be £1.00 postage and was charged full. Wrote a friendly email, no reply, left a friendly phone message and asked if I should go through paypal or if they could sort it. It was sorted the next day.

 

OK, the items are not suitable, I collected from the post office last saturday, seller has a 14 day return policy and insists on a form being filled out via access to an ebay account.

 

No ebay account. Have written 3 polite emails requesting the return, left 2 polite phone messages indicitating said emails are awaiting response.

 

Meanwhile checked the new rules for distance selling, Consumer Contract Regulations. This says that the form requested is to make cancelling easier but does not affect the return of goods.

 

As I used ebay as a guest I can't access the form the seller insists on and have made a request by email 3 times now and twice by phone. So as I understand it I have fulfilled my obligation to alert the seller within the 14 days (day 1 actually) that I want to return the items for a refund.

 

No word from the seller.

 

Any idea how I might proceed with this now to ensure the seller gives me a refund. I am trying to keep things cordial but I am anxious to get the items back and have the money returned to my account.

 

Help much appreciated.

[tobyjugg2]

Is it a UK seller

How did you pay (bank transfer/credit card?)

Why are they 'not suitable'

How did you overpay on postage? (ie How did you end up paying more than you expected to pay for the item + postage)

 

I assume you did NOT actually buy through Ebay, although the advertisment was presumably on ebay, so its likely normal distant selling that you are asking about rather than anything Ebay specific (as the sale was not through Ebay)?

[a2o]

Hello Tobyjugg2,

Thank you for your questions.

 

Yes a UK seller.

Selling through ebay as a business seller.

Each item £3.25 signed for postage except 2nd item should have been £1.00 for second purchase.

That was finally resolved.

 

The consumer contract regulations which replaced distance selling regulations last year state that sellers can ask a return form be filled in but it is not essential to return items as there is still a cooling off period.

 

Paid with cc through paypal guest checkout on ebay.

 

Difficulty getting seller to respond.

 

Cannot open any issues through ebay as no account there.

 

Hope that helps, any further clarity you need please ask.

[tobyjugg2]

The problem with using credit card through PP is that you can actually LOSE rights

http://www.moneysavingexpert.com/credit-cards/PayPal-Section75

 

The seller presumably has responded as the P&P issue has been resolved, although I still fail to see how you 'paid' more than stated.

You will find a lot of ebay sellers only automatically respond to ebay messaging

 

There are limitations on the distance selling regs for some items like custom made items, underwear, body piercing items, software and some tickets for example

 

I would be interested in seeing the sellers terms for return

 

How did you get them to respond on the P&P charge.

[a2o]

Hello again Tobyjugg2,

Thanks for your response.

I didn't know one could lose rights using a cc through paypal. They never give me choice but I always guest check out there as well so will look into that. Thanks for the information.

 

Yes, I did know about the exempt items for obtaining refund, I never order that kind of thing online or if I should ever want to will expect not to get money back if there is an issue.

 

I thought I'd explained it but I'll clarify.

2 x items, 1 item £3.25 postage.

2nd item £1.00

Total £4.25 postage.

But that's really not important as that was resolved.

 

It's the return of the 2 items I'm struggling with.

I feel I'm getting a little away from the issue here.

 

This seller is not one who only communicates through ebay messages, I do not use those sellers.

This seller has own website with business details.

 

How did I get a refund?

2 emails, 2 phone messages, dropped in there about paypal could deal with it and heard back like lightening.

 

Have had to try that again with this.

 

They require access to their return form which is only accessible through ebay.

My extensive research prior to posting here showed me the new consumer regulations say some sellers have this form to make cancelling easier but it is not necessary for a buyer to use it.

 

There is still the 14 day cooling off period.

 

What I'm concerned with is getting the money refunded.

 

I'm being very cordial with them but it is a concern.

 

Hope that helps.

[tobyjugg2]

I thought I'd explained it but I'll clarify.

2 x items, 1 item £3.25 postage.

2nd item £1.00

Total £4.25 postage.

But that's really not important as that was resolved.

 

Perhaps

 

This seller is not one who only communicates through ebay messages, I do not use those sellers.

This seller has own website with business details.

 

How did I get a refund?

2 emails, 2 phone messages, dropped in there about paypal could deal with it and heard back like lightening.

 

Have had to try that again with this.

 

They require access to their return form which is only accessible through ebay.

My extensive research prior to posting here showed me the new consumer regulations say some sellers have this form to make cancelling easier but it is not necessary for a buyer to use it.

 

There is still the 14 day cooling off period.

 

What I'm concerned with is getting the money refunded.

 

I'm being very cordial with them but it is a concern.

 

Hope that helps.

 

So you ordered it from the website, - that starts to make more sense to me

Ebay terms are irrelevant in that case, its any website terms that apply.

What are the returns terms stated on the website?

You are entitled to at least 7 days to notify them that you wish to return it (more if their website terms state more)

Your email and phone call have effectively done that I believe.

 

Notify paypal and ask them how to proceed. Let us know their response. There have been changes since i last dealt with them other than automated.

 

I would stongly advise that if using Paypal in future, you set up a paypal account.

I use it for purchases outside ebay.

[ericsbrother]

open a dispute in paypal, they will instruct you when you return the goods and you will then get a refund. There is a tick box next to the transaction in your paypal account. DO NOT tick to say it is an ebay transaction as it clearly isnt and that will only screw things up for you.

I'm sure they will be in touch through the paypal disputes console once they see the money frozen in their account.

Your main problem is you are trying to overcomplicate things by using 3 returns processes without actually bothering to follow any of them through. Stick to one method which appears to be the simplest.

[tobyjugg2]

open a dispute in paypal, they will instruct you when you return the goods and you will then get a refund. There is a tick box next to the transaction in your paypal account.

 

OP doesn't have a paypal account ericsbrother - did it via guest paypal and Credit Card.

I've never done a transaction like that so have no experience of those specifics, despite having some with Ebay/paypal.

[liverpoolluke]

from memory you have to open a paypal account under the email address you used, then you have to email paypl with the transaction code and ask them to return the items, paypal / ebay are a law to themselves with all there t's and c's most ignoring UK LAW !