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Advice needed re phone bought on ebay!

  • 21-07-2009 2:18pm
    #1
    Pacifico
    Closed Accounts Posts: 5,115 ✭✭✭


    Hi, I bought a phone on ebay (ElCell). So it was not entirely as described. Emailed the seller within 5 days of receipt of it. They agreed to a refund, and generated an RMA. I agreed to pay a £30 restocking fee also. So i sent it back on the 6/7/09 and it was delivered on the 8/7/09.

    Despite this fact they have only today acknowledged that they received the phone! Now they are refusing a refund for the following reason "However the phone has been used and there are loads of e-mails stored in the phone and also it wasn't returned within 7 days. We will be sending back the handset to you.
    Regards"

    Any advice on how to proceed? I have been talking to them through a paypal dispute, which ends on the 2/8/09.

    Thanks in advance!


Comments

  • #2
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Escalate to a claim now. The phone wasn't as described, so you should be given a full refund, no re-stocking fee or any of that.

    Did you use the phone, and are those emails in it yours? Was it actually sent back within 7 days of you receiving it, and do you have the history of your conversation with them, where they agreed to you sending it back?

    Since the seller now has the phone, you have tracking info and their acknowledgment of receiving it, you should be able to do a claim right now.


  • #3
    Pacifico
    Closed Accounts Posts: 5,115 ✭✭✭Pacifico


    Yes i did use the phone for 4 days. The emails may be mine but i did a factory restore before i sent it back. They wouldn't have got it back within seven days, but i sent it back within 7 days!

    Received it on the 29/06/09 and sent it back on the 3/07/09. They got it on the 8/07/09.

    When i say it was not as described its nothing major. As in it was missing the 1GB SD card which was advertised on the ad. Also the charger was not european, so they provided a 3rd party one, which was the wrong one! (Sony Ericsson)

    I have the emails that they sent agreeing to the RMA and refund etc...It has also taken them nearly two weeks to acknowledge that they actually received the phone back. I sent it by registered post and it was signed for on the 8/07/09!

    So what happens if i escalate the claim? How likely am i to win? And if i dont will i loose the phone + money?!!

    Thanks for the reply


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