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Ebay - Product Advertised NOT as Received. What can I Do

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Hello all

 

A couple of months back, I saw an advert on Ebay for an Epson Stylus 4880 printer. The advert had a 'Buy it Now' price of £120 and was 'collection in person only'.

 

As the seller was located nearly 200 miles away I contacted the seller through Ebay and asked if he'd be prepared to send the printer via courier at my cost and arrangement, he agreed.

 

I paid the 'Buy it Now' price of £120 via PayPal and made arrangements with a courier company to collect and deliver the Epson Stylus 4880 printer at an additional cost of £90.

 

The printer arrived but when I unpacked it I discovered it wasn't an Epson Stylus 4880 but an earlier 4800 model. These sell on Ebay for around £80 and is a completely different printer - it doesn't accept the cartridges I have for the 4880 (I already have 3 of the 4880 printers)

 

I contacted the seller who accepted his mistake and offered to refund my £120 purchase price and leave the printer with me. He started the refund process. This was acceptable to me although I'd spent an additional £90 for delivery of a printer I didn't really want.

 

Several days later I received a PayPal message stating the seller had cancelled the refund of £120 unless I returned the printer at my cost. This was totally unacceptable to me as I'd receive just £120 refund and be out of pocket for 2 x £90 courier fees, all this due to the advertiser's mistake.

 

I started an Ebay claim but was informed I wasn't covered as the advert was 'collection in person only'.

 

I have considered taking legal action and did send a 'Letter Before Action' by recorded mail. I've heard nothing since!

 

What would be my legal position/options?

 

Would I be able to claim:

1. The purchase (Buy it Now) price of £120

2. The cost of courier delivery to me £90

3. Costs, legal & others?

 

Many thanks for reading this.

 

Regards

 

John

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£90 courier. have you tried to get a competitive price by shopping around on a shipping comparision website. It should be about £25. You wil; need to send it back by a tracked method to getm anywhere with a paypal claim and the return postage wont be included. If you sue the seller you will have to travel to his local court so be out of pocket massively anyway.

If it was a business seller then I would sue as you have extra rights but if a private individual it would be throwing good money after bad.

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