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Mobile advertised as 'NEW' on ebay - secondhand - now barred and worthless

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I bought a mobile phone from an ebay licenced trader in March.

6 weeks later it stopped working - whereas it was advertised as NEW

 

 

it turned out to have had a previous owner,

who's probably reported it stolen/lost after selling to the shop I bought it from.

 

 

The shop have offered 50% of £430 purchase price,

but I believe I should be able to claim all under Consumer Rights Act 2015?

 

 

Nobody can tell me if it has been stolen or whether it's just lost,

incidentally. Original network appear to have barred phone.

 

The ad title was UNLOCKED - NEW & BOXED.

 

The trader said that the item condition was NEW not that it hadn't been owned or used before.

I thought I was buying direct from a store (and didn't realise they were a pawnbroking chain at the time)

with a small saving v RRP as it was a phone (galaxy S6) that was becoming obsolete.

 

 

The store said that ebay was for resellers and secondhand goods

and that I shouldn't have expected a NEW phone (they have since sold another S6, advertising it as BRAND NEW......).

 

Please see attachment for full details.

Thoughts appreciated as I am strongly contemplating legal action now.

ad for S6 I bought.pdf

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do a chargeback

 

 

what do PP say

they usually take a very dim view of ebay licenced traders

abusing their status


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Plenty of things sold on eBay are brand new, many traders exist using eBay to sell brand new goods, so the idea that eBay is purely for used/second hand goods is absolute rubbish.

As DX said, do a Chargeback for the full amount, the item is not as described (It is not "New") and it appears that it was possibly even stolen property. It may even be worth reporting the trader to Action Fraud.

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do a chargeback

 

 

what do PP say

they usually take a very dim view of ebay licenced traders

abusing their status

 

 

Thanks for that. Don't believe paypal interested if after 30 days. Do you mean a chargeback via the credit/debit card I used, as reading about this elsewhere leads me to believe this is a grey area and banks my or may not take action depending on which tway the wind is blowing on the day...?

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Plenty of things sold on eBay are brand new, many traders exist using eBay to sell brand new goods, so the idea that eBay is purely for used/second hand goods is absolute rubbish.

As DX said, do a Chargeback for the full amount, the item is not as described (It is not "New") and it appears that it was possibly even stolen property. It may even be worth reporting the trader to Action Fraud.

 

Thanks for that. Just confirming what I thought re section 11. The trader had 99% positive feedback and 2000+ transactions so I was surprised the problems I have. In fairness to them it wasn't reported stolen when they sold it, but that's not the point here, it's just that my having a secondhand phone has led to problems and hassle I shouldn't have encountered. As an aside, amusingly in a way, EE though I had a faulty sim card initiallly then Samsung took 5 days to replace my motherboard - not required and neither picked up the phone was barred!!!

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The ebay listing stated

 

"You are buying a new item in factory fresh condition. The box has been opened to check the contents and unlock the phone but all components are still unused and in their factory sealed condition."
How is that not describing a brand new item.

 

I thought you had 180 days to file a dispute through paypal.

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The ebay listing stated

 

How is that not describing a brand new item.

 

I thought you had 180 days to file a dispute through paypal.

 

Thanks. That seems to be the case in the 'Paypal Buyer Protection Policy' after just reading it. Clicking on the original payment within Paypal took me into ebay dispute resolution though which was 30 days, unless the seller agreed otherwise, which he didn't and just closed the case! Wondering how I get Paypal to look into the matter as there is no obvious method???

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