eBay refunded international buyer claiming phone did not arrive - now DRS DCA chasing me for neg balance

[sprouting]

Hi,

It's been a while since I logged on to this so I'm not sure if I'm posting this in the right place. 

Last November (22), I sold an I phone XR on eBay (my phone that I had and looked after for five whole years).  I'm no mega seller on there but I'm no stranger to it, selling odds and ends I no longer want.  

It sold for £202 and I sent it off.

Three weeks later a dispute had been opened by the buyer saying the item was not as described, which I was astonished about. I asked to see photo evidence of what she was talking about and she sent two photos, just of THE BOX, not the actually phone or accessories, the box looked in perfect condition, just as I had sent it though. 

I asked again for clarification and evidence to substantiate her claim, but never heard a word back.  I had a hell of a time trying to deal with eBay as there is no easy way to raise a complaint or even get a straight answer, practically everything is automated.  They asked me if I would be willing to give her a refund, and I said no. That should have been the end of it, as far as I  was concerned.

I had sent the phone internationally although my listing did say UK Only, the listing was also marked No Returns, and the shipping was insured to it's full value.

It then transpired that eBay had refunded her on my behalf, let her keep the phone and then expected to recover the refund money from me.  I was incandescent.  I had the phone blacklisted and deleted all of my bank details and cards etc from eBay, whilst trying to get through to someone who would listen. 

I asked if they had received my complaints and they said yes but they don't do complaints so "you won't get an answer".  There was no official route for a complaint either so every time I had been contacting them about this it had been through a feedback form or anywhere with a text box, they were most unhelpful over the phone.

My account was restricted and then blocked, then I had an email from DRS saying they had been enlisted to recover the debt on eBay's behalf.  I spoke to them and told them where to go but I'm still getting emails and texts.

Am I right in thinking that as I have complained to eBay but not have an official response that the cannot pursue me for anything, until that happens? I only became aware after this that eBay will side with the buyer no matter what, and I agreed to these terms when I signed up.  In 16 years with eBay I have never had anything like this happen, and I can't believe it.

I decided to write once more, by post to their head office and rand to ask if they would allow me back into my account to retrieve all for the details for the issue, dates and so on. They said no, they wouldn't do that,

then I submitted a SAR which should give me the relevant information I need to pursue this.  On 31st March I got an email from them to say my SAR was ready and a code would be posted to me in order to open the document, I should have it within 5 days.

I moved house three years ago rang them to double check they had the right address on file and they wouldn't give me the address, but she asked me where I lived and then confirmed that that was the address they have. 

She was lying, because, 12 days later, I have still not received any code.  And she said she didn't have any record of an email about an SAR and told me not to open it.  Their departments clearly don't communicate. 

On closer inspection, I've noticed that the DRS people have got my old address too (although I did give them my correct address when I spoke to them on the phone). The SAR will expire at the end of the month, eBay chat is unavailable, please try later...., I'm trying to use chat now so I can have a transcript of what has been said.

I have been in touch with the Ombudsmen, who as I suspected, don't regulate eBay but they suggested another ADR but I'm not sure ow to go about this.

This has been rather long winded, I'm sorry, but if anyone has any advice about where I stand in regards to the debt collectors pursuing me when the original complaint has no been concluded, I would be extremely grateful. 

I have just come out of a DRO and do not want to end up with a CCJ for this over £200,  and I know I am in the right, morally if nothing else. I do not want to back down.

Thanks

 

 

[dx100uk]

ignore stuff and all anyone can do to you.

and stop using the ruddy phone!!

 

 

dx

 

[sprouting]

Thanks. But aren’t they able to get a CCJ against me if I don’t respond/pay?

[dx100uk]

Who?

 

dx

 

[PIXeL_92]

You say that it was sent internationally. Did you send direct to the buyer or use eBay's GSP service where you send to a UK hub and they forward it on.

You may actually have some cover if you sent it to their hub as you could argue the "issue" (although I suspect this is just a common eBay scammer,) occurred in transit from GSP Hub to the buyer and at that point it would be eBay that would of had to refund the buyer and if the buyer was stating the box was empty eBay will actually have details of the parcel ie the weight.

[sprouting]

Unfortunately I sent it directly to them.  I have been chasing the SAR from eBay which yhey are happy to do, but it will not contain any information regarding the issue.  I don't know what to do next.  I can't believe that even though the listing said 'no returns' on it, they have the cheek to ignore all of this.

[dx100uk]

On 12/04/2023 at 20:21, dx100uk said:

ignore stuff and all anyone can do to you.

and stop using the ruddy phone!!

dx