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Ebay - faulty item


doompixie
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I posted on here a few months ago about an exercise bike I ordered off ebay.

Bike was bought in January, paid for via paypal and recieved promptly.

Item was faulty and as a result could not be assembled. This was a manufacturing fault, not transit damage. I opened a 'significantly not as described' dispute with paypal who found in the seller's favour.

 

I have since returned the bike and requested a full refund. They are denying recieving the item which is silly as I have tracking and proof of delivery :lol:

 

I sent them a message once I was sure the item was recieved giving them 10 days to sort out my refund or I will send a LBA and after that start court proceedings.

 

I have sent them a reminder of the first message today (they have 3 days left)

 

Now, I'm ok with carrying out court proceedings, but I'd like to be aware of where I actually stand so I don't screw up.

Will the fact that it took me a few months to return the item go against me? I did not have the money spare to return it to them immediately, they would not help, and eventually it slipped my mind. I did inform the company immediately that the item was damaged. I have a copy of the original emails.

Can I add the return postage to the court claim?

 

Any comments/suggestions you can give will be appreciated.

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You should be OK. Yes, you can reclaim the cost of the return of the goods - as they were a trader, you are covered by SOGA, and providing you can show they have been unreasonable in their dealings with you, leading up to their statement they had not received it back (despite you providing proof), it should be a slam dunk.

 

The problem is if they don't pay up - or if you don't know where to send the bailiffs...

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Update - the seller coughed up after my reminder mail.

Well, after stating they were out of that particular model of bike and could send me a different one or would I like the refund I've been requesting for the last 6 months? :rolleyes:

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