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Ebay - Taking a buyer to court, advise needed


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Hi All,

 

I need some help regarding a problem buyer from eBay.

 

I sold them a phone on 21 Sep 2016 for £95 (Pink iPhone 5C)

 

It was on the Vodafone network and then unlocked when the contract had ended (tested from my end with a few sim cards one being the 3 network)

 

A month later the buyer opens a case saying the item has never worked with a 3 sim card, so I thought "here we go," I begrudgingly accepted the return knowing that the item was working and I would most likely get a smashed phone back or something completly different.

 

So I get the phone back it is sort of in the same condition a couple small marks had been added but nothing that was major, the phone was dead so I neeed to charge it and when turning it on he had added an icloud account to it and I could no longer reset it, after several messages he finally admitted the following;

 

Adding the icloud account and even confirmed the email address used (but wouldn't give me the password.)

The sim card did infact work (I knew this anyway becuase you need it to activate the phone to get as far to put a icloud account on it.)

Had been used for the time that he had the phone (even though he initialy stated he had been working away.)

 

Ebay decided the case in his favour giving the reason there was no evidence of him doing it, so I have since appealed the decision telling them that there is proof of him admitting to it in the messages we had been sending each other, I am still awaiting a decision on this one.

 

If it doesn't get overturned I will then be out of £100 and have a nice Apple paperweight, so my question is who would I need to take to a small claims court eBay or the buyer and if so how likely do you think I will win ?

 

This isn't the first time I have been messed around by a buyer and ebay and I now want to follow through with this to prove my point.

 

Thanks in advance

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Well eBay denied the appeal in about an hour even with me pointing out the messages that confirmed he held the iCloud account details and he knew what they were yet they say they still can't prove that he did it.

 

What a joke eBay has become.

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Hi

 

While I confess that I know little of Apple products, I am assuming that the Icloud account password has rendered the phone useless.

 

IF there is another way of unlocking the phone so that you can sell it again, you should try that first. If there is no way to unlock the phone without the password, they buyer should give you the password so that you can reset the phone then he can set a new one up.

 

You will have to mitigate any loss if you intend to claim. The buyer bought it, bricked it and sent it back so he should be held liable for the costs of unlocking it. If the buyer refuses to to release the password then he should pay you for the phone.

 

I would continue with Ebay as they tend to go with the buyer most of the time but if you persist, they sometimes back down.

 

I suspect this isn't going to be easy for you.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi Silver,

 

Nope, phone is now an expensive paperweight and can't be unlocked without the email and password. Ebay are just giving me the general automated replies that make it look like they don't even read the messages, I have sent about 10 emails this morning with the same point that the buyer had done it and the evidence is there and they either ignore it or give me some reason why they can't cover me ie "the courier could have damaged the item,"

 

I did email the current CEO but I doubt I will get any reply from him.

 

The buyer is now ignoring me now he has got his refund.

 

Going to move to Amazon once all this is over.

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Maybe a slight development, I have just had this reply, I guess I will update you in a few days,

 

RE: RE: RE: In regard to the Apple iPhone 5c (162208888266) that you sold SR# 1-90035388648

 

 

Dear XXXX,

Thank you for contacting eBay Customer service in regard to iPhone 5c (XXXXXXXXX). I understand that the buyer has made an alteration on the phone that you sold them. I’m sorry to hear that you have an issue with this transaction. I'll be glad to inform you of what you can do.

.

XXXXXX, please be informed that we submitted a correction request on this appeal. Provided that this request is approved, please allow the process to be completed within 5-7 calendar days. Also, the request is still subject to approval.

It's my pleasure to assist you with your concern today! Thank you for choosing eBay on your online trading needs!

Sincerely,

XXXXXXX.

eBay Customer Service

 

 

 

From:

Sent: 10/25/2016 10:13:51 AM

To:

CC:

Subject: RE: RE: In regard to the Apple iPhone 5c (XXXXXXXX) that you sold SR# XXXXXXXX

 

Enter your response here

Dear XXXXX,

 

First of all I have now emailed the CEO ([email protected]) hoping to get his input on how this is being handled,

 

"Your appeal cannot be granted as eBay does not cover faulty returns"

As stated several times the item isn't faulty (I have used a 3 sim card in it after getting the item back,) the item works fine apart from the seller has put an Icloud lock on it so no one can use it.

 

"we can’t reverse a refund without definitive proof that the buyer caused the issue."

THIS IS THE WHOLE REASON I APPEALED THERE IS PROOF IN MY INBOX AND THE SELLERS SENT MESSAGES THAT HE CAUSED THIS ISSUE WITH THE ICLOUD ACCOUNT. I don't know how many times I have to say it before it sinks into any of your brains over there, there is proof there is proof there is proof look at the messages look at the messages look at the messages

 

All you have to do is look at the messages to see the evidence there that he put this lock on.

 

I also asked for the registered business address for eBay so I can take this to a small claims court if needs be and yet again you obviously didn't read the full email as I can't see it in the reply.

 

ONCE AGAIN LOOK AT THE EVIDENCE OF THE BUYER ADDING THE LOCK IN THE EBAY INBOX IT IS THERE IT IS IN MINE AND IN HIS.

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