Ebay Seller/Buyer protection.

[Steve2016]

Hello all, I'm new to the forum.

eBay have gone with the buyer. Buyer said camera was not working this was not true I have all the evidence.

I have contacted CAB and they have stated Sales of goods act and a Breach of Contract.

Who do I start taking the legal route with eBay or the Buyer the reason for asking is that eBay intervened and I'm now £48.00 out of pocket, Spoken to customer services at eBay about 10 times may as well talk to a brick wall.

Your help would be appreciated.

Best regards

Steve.

[aburobert]

Are you sure eBay intervened?

 

Money is usually refunded by Paypal due to an item not as described claim.

 

If you have all the evidence the item was as described then you need to contact Paypal and submit the evidence as it was they (presumably) who took the money from your account. You can get Paypal's current registered UK address by looking at the Company's House web site and sending your evidence by recorded mail to them. I would give them a time limit to respond - say 14 days.

 

Then it is up to you if you wish to take it further by sending a letter before action as a prelude to a small claims action if you fail to hear anything from them or their response is less than satisfactory.

[Steve2016]

Thank you for replying. I refused to have the camera back I sold it on a No Returns Accepted, the buyer told eBay the camera was faulty He was lying and eBay intervened and made the decision to refund the buyer when He returned the camera, I collected the camera on Tuesday 15/06/16 took the camera to a camera shop and video recorded opening the parcel and have a report of the camera working fine. I have phoned eBay constantly and can not get any sense from them its got to the stage of sleepless nights and headaches. I have sent an email today to Ms Tanya Lawler CEO hoping that she will do the right thing and reimburse my fees, postage and cost of camera test.

[aburobert]

I'm not sure about the actual legality of the 'No returns accepted' bit of any eBay listing. Maybe someone with more knowledge of the Sale of Goods Act and such disclaimers can comment more fully.

 

As you have the goods back - presumably in the same condition as sent? You can only really claim for any loss suffered due to time spent preparing the listing and the eBay/Paypal fees associated with it. If you re-list/re-sell it and it fetches a lower price you may be able to claim the difference between the two.

[Steve2016]

I have just had a return phone call from the citizens Advice Consumer Helpline they stated that a private person selling items comes under the Sale of Goods Act, then it comes down to the item description.

I advertised the camera Used, "As New Condition" no scratches or marks and in mint condition. The buyer said it was turning off when it was only going into sleep mode His description of the fault was not the correct information. The camera has no fault it was reset to factory settings, it goes into sleep mode to save battery power, all this buyer had to do was talk to Nikon or go into the menu and alter the settings for the time the display stays on. The CAC Helpline suggested that eBay should justify there decision I'm still waiting for a reply from Ms Tanya Lawler CEO.

Thank you for your reply.

[silverfox1961]

Hi and welcome to CAG,

My opinion is that you won't get far with this.

The customer paid you.

You sent the camera.

The customer claimed it was faulty.

The customer sent it back.

Ebay refunded them.

You are back in the position before the sale with the exception of having lost out on postage costs and possible fees. That is the risk of using sites like Ebay

 

I think the most you are likely to get back is the fees you have paid but not the postage costs.

 

I don't think Ebay have a term in their rules for customer stupidity.

 

You could sue for your lost costs but I also feel this will be a struggle for you.

[Steve2016]

Thank you for your comments yes you are correct on stupidity, I'm not going to take it lying down

I will fight it to the bitter end.