An Ebay Problem: Item not as described

[mattpj]

Hey all

 

I got a problem here with an item I got off ebay, it wasn't an auction but buy it now by a private individual. To summise some of the details, it was for a guitar that i payed 480 pound for and it was described in the details as "very good used condition" It had a small photograph detailing the guitar but no damage was prominent

 

It was the spec i wanted so I decided to pay for it by cheque. I then received my guitar over a week later... and it looks like its been through a hedge backwards. Its gouges in the front of the body on 4 seperate parts and a repaired neck break, its in generally very fair condition. The neck break seriously damages the value and playability of the guitar.

 

I just want to know where i stand, he pleads ignorance and that it must have happened in transit. It was done next day delivery and there is not a mark on the box and it was very well packed. I asked him for detailed pictures to prove it could have happened in transit "deleted them"

 

The seller has never offered any kind of help or reassurance, and i feel totally ripped off as you can imagine. I wish to recover the money and send him the guitar back. How could go about this and what are my rights in small claims court for example? How about reclaiming the cheque

[blacksheep1979]

You are still protected under the sale of goods act with a private party to an extent. The goods must be as described. I don't think anyone would accept that a guitar with a broken neck could be described as 'in very good condition'.

 

What you should do is make sure you have a copy of the ebay listing (before they delete it). Get his contact details from ebay and write to him at his home address, recorded delivery stating that you want a full refund as the guitar isn't as described, suggest that he should do this within 14 days. If after 14 days he has not contacted you or refused then send a LBA stating that unless you receive a full refund you will persue this through the small claims court without further warning. Again give him 14 days to comply. If he still refuses let us know and we'll help you word your claim - but it should be a v simple matter.

[mattpj]

Thanks for the reply, this is exactly what i was planning to do, and the biggest part i would need help is wording my claim.

 

Would it be bad if i gave 7 days before sendind the money claim. I know a situation where my friend was involved and he sent a letter gave 7 days and then a money claim and got his money back. I would like some advice on this too please

[blacksheep1979]

I'd give 14 days, then 14 days in the lba - just shows you are being reasonable to the courts and you are meant to pursue every means before going down the small claims court route.

[lnmrobinson]

Have you not threatened him with reporting to ebay?

A similar thing happened to me, after several emails back and forth I demanded repayment otherwise I was going to report to ebay, I was quickly refunded and I returned the item.

 

Although some people just don't care.

 

I have found though that they don't like the threat of being reported and being struck off.

 

could be worth a try before having to go to court.

[mattpj]

Yes this problem has already been reported to ebay sorry to be vague. He replied to their Dispute Console and since then its gone on to the next stage of their compensation of a measly 105 pounds.

 

I am not accepting it if it jeopardises future dealing with small claim procedure

[blacksheep1979]

yup, not really worth it as it might be deemed the end of the matter. If he has low feedback it probably won't bother him and he'll just open another account.

[mattpj]

This is the hardest part for me, 7 negatives in the past 12... feedback score 1380. Not what you would expect hey.