When ebay goes wrong - looking for advice

A

a11y

Veteran
 Central Scotland
Does anyone have tips/advice on how to deal with a complaint involving an ebay purchase?

Details:
- I bought an item
- item was described (in the Ebay item category) as "New other" which is defined by ebay as "New other (see details): A new and unused item with absolutely no signs of wear. The item may be missing its original packaging, or in its original packaging but not sealed. The item may be a factory second, or a new and unused item with defects. See the seller’s listing for full details and description of any imperfections."
- pay for the item
- item arrives but is not as described: has seen heavy use with plenty of evidence: scrapes, scratches, missing paint and even rust where the paint's been missing
- obviously I'm pissed about this as I bid based on the cost of a new item (which it was described as)
- I'd not have paid this price if I'm known it was heavily used
- initially tried to resolve it with the seller but he was being a dick
- so I reported it to ebay...

Ebay reponse that I just received?

"The seller has offered you a full refund for the purchase price plus original shipping if you return the item. To get your refund, ship the item back to the seller. You will need to cover the cost of returning the item. Make sure you ship the item by Sep 16, 2012. "

So, because this fraudster advertised an item completely falsely, I will STILL be out of pocket as I need to pay the return postage (in the region of £13). HOW IS THAT RIGHT???


Ebay don't have any clear way for me to dispute this further, hence I'm asking if anyone has any advice?

There really are some utter c**ts out there...

(I do have the seller's address :evil: )
 
I had a similar experience with a part I ordered from an Ebay seller. I ordered a part for my car and specifically asked the seller to check for damage before I purchased it. I was told by the seller it had no marks or scratches so I placed the order and paid for it. When it arrived I immediately noticed it had two holes drilled into it that would be obvious to anybody checking it (which they obviously hadn’t).

I (like you) wasn't happy that the item wasn't as described despite me specifically asking the seller to check for marks. I was also unhappy I was expected to send the item back at my cost. I (like you) also posted a rant describing how unhappy I was at this. Basically the replies I got suggested that as the seller had offered a refund I should send it back and get over it (as these things happen). So I did.

I do understand your anger though mate :evil:
 
Are they UK-based? Private or trade? OFT may have something to say on the matter. Also, distance selling regulations are quite specific about goods being both of merchantable quality and as described. Vendors must cover the return of faulty goods or those not as described. Have a look at the OFT website for an example letter and advice on how to proceed.
 
Had same dispute over a broken sub woofer many years ago. I paid the postage for money back :oops:


Sent from my iPhone using Tapatalk
 
rookie975 said:
I had a similar experience with a part I ordered from an Ebay seller. I ordered a part for my car and specifically asked the seller to check for damage before I purchased it. I was told by the seller it had no marks or scratches so I placed the order and paid for it. When it arrived I immediately noticed it had two holes drilled into it that would be obvious to anybody checking it (which they obviously hadn’t).

I (like you) wasn't happy that the item wasn't as described despite me specifically asking the seller to check for marks. I was also unhappy I was expected to send the item back at my cost. I (like you) also posted a rant describing how unhappy I was at this. Basically the replies I got suggested that as the seller had offered a refund I should send it back and get over it (as these things happen). So I did.

I do understand your anger though mate :evil:
Click to expand...
That's about it. For the sake of £13 I'm wondering if it's worth my time/hassle.


BMWZ4MC said:
Are they UK-based? Private or trade? OFT may have something to say on the matter. Also, distance selling regulations are quite specific about goods being both of merchantable quality and as described. Vendors must cover the return of faulty goods or those not as described. Have a look at the OFT website for an example letter and advice on how to proceed.
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UK-based, private seller. They'd ticked the "New other" box when listing the item, so either quite blatant false advertising or they're just a thicko. That does give me hope, but again I'm starting to wonder if it's worth all the hassle! I'll look into it as even if it's takes a bit of time it's the principle of it all :oops:
 
rookie975 said:
I had a similar experience with a part I ordered from an Ebay seller. I ordered a part for my car and specifically asked the seller to check for damage before I purchased it. I was told by the seller it had no marks or scratches so I placed the order and paid for it. When it arrived I immediately noticed it had two holes drilled into it that would be obvious to anybody checking it (which they obviously hadn’t).

I (like you) wasn't happy that the item wasn't as described despite me specifically asking the seller to check for marks. I was also unhappy I was expected to send the item back at my cost. I (like you) also posted a rant describing how unhappy I was at this. Basically the replies I got suggested that as the seller had offered a refund I should send it back and get over it (as these things happen). So I did.

I do understand your anger though mate :evil:
Click to expand...

This.

eBay is always a gamble these days. It's full of thickos and crooks.
 
If you do decide to send it back, you MUST use a tracked postal service (e.g., RMSD or a courier). Otherwise the seller can claim that they never received the item and you may not receive your refund.

I bought a Junghans Apollo from a seller in Germany. Looked OK, but one of the buttons fell out after a few days. The seller eventually reluctantly agreed to give me a refund, but I lost out on the £60 or so that it took me to send it back.

I do hope that you will be leaving appropriate feedback (and 1 star rating for, at least, "Item was as described") for your seller.
 
As above a11y - I think you will have to take the hit on the £13. The only plus side being that they seller himself won't get any of your money. I assume he'll refund you before you send it, or will that only happen on receipt, enforced by eBay ?
 
Get some pictures of the problem item, you should send it back by tracked mail, and raise a complaint with ebay if he won't refund as they often will if you can prove your case - it's a lot of messing about though and takes a few weeks. I try and avoid ebay unless the seller has a massive rating on lots of sales, but buyers are now the worst problem pulling non delivery and damaged item scams. I hate ebay TBH.
 
Bing said:
As above a11y - I think you will have to take the hit on the £13. The only plus side being that they seller himself won't get any of your money. I assume he'll refund you before you send it, or will that only happen on receipt, enforced by eBay ?
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Unfortunately you have to return the item before the seller gives your refund - unless the seller is a very trusting sort.

I've experienced this from both sides (both on good transactions and bad).

First experience was a rare die-cast model that I described as 'good condition with no damage to model or box, but dusty from storage'. Seller complained it was damaged (windscreen had popped out) when he received it and asked for a refund. I asked him to pack it in the packing I sent it in (heavy cardboard box, lots of bubble-wrap), send it by courier and I'd refund him his postage costs as well. Two weeks went by and I'd not received the parcel, but the buyer was insistent that he'd sent it and kept asking for the £120 refund before he returned the model. I asked him to use his tracking number to find the parcel & chase the courier and then he told me he'd simply sent it by standard Royal Mail 1st class. Besides calling him a fuckwit, I told him that I was not going to refund him as he'd not returned the item. Got into a dispute with ebay/paypal and the buyer miraculously came up with a Special Delivery tracking number, and so ebay/paypal refunded him. They didn't care that tracking number showed the 'item' had been posted the day after the resolution process had started, and wasn't even sent to my address.

Second experience was when I bought some 'Genuine BMW M5 Aerodynamic mirrors' from a breaker in Essex. Paid £300 for them (OEM new price if you can find them is £700 each) second hand. I paid for them immediately as it was on Buy-It-Now. Wasn't in a hurry for them, so after a week went by I wasn't too concerned. Two weeks went by and I thought I'd send a reminder. Seller send back some short, abusive email about waiting my god-damn time and having some patience, and that he's busy with a house move/divorce/etc. So I offer him the choice of giving me a refund or sending me the mirrors in the next week before I involve ebay. Another week goes by and there's no sign of the mirrors, so I send another, polite reminder. Nothing. 5 weeks in and I involve ebay, but they simply say to give the seller another week before escalating it. I do - with another reminder - and finally he says he's sent them. Parcel arrives and I open it like an child on Christmas morning. 'Genuine' MY ARSE! The mirrors are a different shape to the ones I already have and are stamped with number that bear no resemblance to BMW part numbers. I immediately complain to the seller and his response is that they "..came of an M5, so must be genuine. But I'm not an expert, so it's not my fault!". I was fuming, but calmly said I'd return them by the following day and expected a full refund as soon as they arrived. It took 6 weeks to get my refund out of him, despite ebay having the tracking number showing they'd been signed for at the address listed on his account. I finally phoned the breaker directly (at a different number/address to what the ebay account was showing) to ask WTF was going on I found out that he was unofficially trading on ebay using his employer's name and taking a commission out of stuff he sold. Then he'd tell the boss he'd sold the item to some random over the phone/counter and hand over half the money. The problem occurred when he had to refund as he only had half the money to pay back, and he was indeed in money/personal trouble due to divorce.

I very rarely use ebay anymore.
 
Sounds like you'll lose the £13 ally. Did you pay with credit card through PayPal. CC company might help especially if its a trader? Make sure you post back with protection - tracked couriers or get the Royal Mail certificate of postage etc etc.

I don't trust eBay for much now. Limit my spending to stuff that's basically pocket change. It's gone from being really good to being full of scams, pirates and chancers. Funnily enough thoughI've found it the best place to advertise cars recently, just with the caveat that auction may end early as its advertised elsewhere...
 
Yeah I'm almost resigned to the fact I'm going to lose the £13, but I did manage to escalate it back to ebay again last night and they're due to get back to me within 72hrs.

I paid £53.50 for the item in total (£41 plus £12.50 p&p).

A new item can be purchased online (non-ebay) for £70 delivered, hence me thinking I was getting a bargain via ebay.

If I return it I'll be £13 or so down and still needing to buy a new item, so ~£85 cost.

Or if I chose to keep it I'll have paid £53.50 for a second-hand item that works functionally fine but is scratched to buggery. But I'll have put money in the pocket of this chancing b'stard - it's almost worth the £13 just as a f**k you to the seller!


Seems I can't win in any way unless ebay enforce the seller to pay the return postage, which is looking unlikely :(

Fecking ebay dodgy sellers...
 
a11y said:
Seems I can't win in any way unless ebay enforce the seller to pay the return postage, which is looking unlikely :(
Click to expand...

That absolutely will not happen. eBay's Ts&Cs are very clear about who pays the return postage for disputed items.

I have heard of instances where eBay themselves have paid for the postage as a goodwill gesture, but this probably depends on how much you spend with them annually.
 
srhutch said:
Why don't you ask for a partial refund if you can live with the scratches?
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That was my very first request with the seller - I suggested a used item was worth a maximum of 50% of new value and to settle it by refunding me the difference, but they accused me of extortion (their words lol).
 
Thems the EBay rules Im afraid, and you know it before you do business with them .......
If you get a full re-fund then I would be happy with that.

Just for info, for expensive items they do an escrow thing ......
I once bought a 3000 pound item from the US ......
You put the money to the escrow account, they send the goods, when you are happy, they release the cash .....

I have been using ebay for years and have only had a couple of mishaps, but they usually get sorted in the end. :D
 
Emmm - do you realise that you are responding to a thread that almost a year old, and that only went to the top of the pile due to the spam message above yours (which has been reported, so should disappear shortly)?
 
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