I have been on eBay a long time and this is the first time i've been had...

Access · 04-09-2007 06:19PM #1

I need a bit of advice on a eBay problem,

I bought an item from a private seller using my wifes ebay account, (feedback @ above 145 and at 100%) in the UK for my car 3 weeks ago. The item listed was used and as 6 months old and the seller was selling it due to an upgrade.

I got it at £92 (half the price of a new one), paid using my paypal account funds and the seller posted it to us the following day. The item arrived today (1 week on) and i installed it into my car. I found that it was not operating properly and checked the original manufacturers website (nothing to do with the seller) to trouble-shoot. I rang tech support, explained my problem and it turns out that the item was wired directly to the battery in the sellers car and not to the ignition... this has caused damaged to the unit (over heated) and not does not operate 100%... its basically fit for the bin!

My question is this...

What is the best way to get the money back on this?

The seller had to know that he was selling this faulty and i am now guessing he wont be too quick in refunding the money!

Should i claim back via paypal for faulty goods?

or should i claim for item not arriving... (it arrived non registered - normal post)

Thanks for any help you can give.

s_jd1980 · 05-09-2007 09:52AM

muffinhead · 05-09-2007 12:17PM

Although it might not be completely honest, if you paid by credit card, contact your credit card company and report the item as not delivered. You'll get your money back quicker than going through the Paypal dispute system.

Or you could be completely honest, tell the seller you received it, that the item is faulty and come to some sort of agreement which may involve you having to return the item.

Access · 05-09-2007 01:16PM

muffinhead wrote:

if you paid by credit card, contact your credit card company and report the item as not delivered

Unfortunately, I paid using paypal.

muffinhead · 05-09-2007 04:18PM

Well IMO I'd be more inclined to go with the 'it never arrived' story and try and claim through Paypal.

Access · 05-09-2007 04:58PM

what length of time is involved in a paypal claim normally and what percentage could i expect to get back?

muffinhead · 05-09-2007 06:11PM

Hopefully this will answer your questions:

https://www.paypal.com/uk/cgi-bin/webscr?cmd=p/gen/ua/policy_buyer_complaint-outside

One thing to note is:

Buyer disputes must be filed within 45 days of the payment and, even if the buyer’s claim is justified, the buyer will receive a recovery only if there are funds in the seller’s account. RECOVERY OF YOUR CLAIM IS NOT GUARANTEED.

So if the seller has no funds in his/her Paypal account you mightn't have much luck. Maybe as they have 100% feedback they might be more willing to settle the problem so as not to damage the feedback score.

You could always try emailing them first, explain the problem and see what solution they offer. If what they offer isn't favourable then email back with the threat of bad feedback or a Paypal dispute, then see what they offer.

Sorry for the contradictions! Sometimes taking the nice approach works better than going in like a bull in a china shop

!

Access · 05-09-2007 09:11PM

I think you might be right on this one... i will contact the seller first.

Will let ye know how things go.

Vikings · 06-09-2007 09:25AM

muffinhead wrote:

Hopefully this will answer your questions:

https://www.paypal.com/uk/cgi-bin/webscr?cmd=p/gen/ua/policy_buyer_complaint-outside

One thing to note is:

So if the seller has no funds in his/her Paypal account you mightn't have much luck. Maybe as they have 100% feedback they might be more willing to settle the problem so as not to damage the feedback score.

You could always try emailing them first, explain the problem and see what solution they offer. If what they offer isn't favourable then email back with the threat of bad feedback or a Paypal dispute, then see what they offer.

Sorry for the contradictions! Sometimes taking the nice approach works better than going in like a bull in a china shop !

Well thats not always the case. A lot of transactions that are made on eBay would be covered by PayPal Buyer Protection - there's a whole section dedicated to that in the User Agreement - which would cover your transaction up to either £500 or £150 depending.

As you have received the item you really should be filing a claim for a Not as Described item, you can do this with PayPal and will more than likely get your money back. Should you be caught filing a claim for Non-Receipt when you have received your item then you put your PayPal account at risk so you really shouldn't make false claims.

Access · 06-09-2007 11:16PM

Mustangs wrote:

Well thats not always the case. A lot of transactions that are made on eBay would be covered by PayPal Buyer Protection - there's a whole section dedicated to that in the User Agreement - which would cover your transaction up to either £500 or £150 depending.

As you have received the item you really should be filing a claim for a Not as Described item, you can do this with PayPal and will more than likely get your money back. Should you be caught filing a claim for Non-Receipt when you have received your item then you put your PayPal account at risk so you really shouldn't make false claims.

I was hoping you would reply Mustangs, as i know you have insider information on this!

What sucess rate do you think i have if i file a claim for not as described and what sort of percentage of the payment sent would i get back from paypal?

I take it i file a claim on the paypal website rather than the ebay website?

Access · 06-09-2007 11:20PM

*update*

Contacted the buyer and told him the problem in a fair manner, let him know that its no good to me and i will require a refund.

The buyer as i guessed is being a prat. Stating that the item was perfect when he sold it.

Not much i can do in this case, except to inform him that he has to either sort it out in a timely manner or else im going to have to claim.

Access · 07-09-2007 01:13PM

*update*

Response from seller....

send it back, if its faulty i'll refund the money, but not the postage. think that fair, as i'm taking your word that it was faulty when you recieved it, and you didnt damage it.

What way should i proceed with this...

Should i open up a dispute on ebay anyway to cover my own ass and then return the item... wondering if he will say he never received it!

or just return it without dispute?

Whats going to kill me here is the return postage, €25.00 registered for 1.5kg parcel to UK... in all fairness i dont think i should be paying for that!

El_mariachi · 07-09-2007 01:26PM

i had the same issue with a phone a while back and the seller was not interested in my problem till i filed a dispute with ebay over it.

i say file one to cover your ass (plus most sellers dont want the risk of ebay canceling there account), get a cert of postage and all that prove you send it.

and I agree with you you should not have to pay for postage cost (since you are not return coz u dont want it but coz its broken) but that seems to be the standard thing sellers are doing on ebay

.

JJ · 07-09-2007 02:17PM

If you file a PayPal dispute saying the item wasn't as described, you'll need to send it back by trackable means. I believe PayPal will not find in your favour in cases like this unless they have proof that the seller received the item back. You'd probably need to do this anyway so you have proof that the seller received it. I know registered post is expensive but I would send it back by trackable means if I was in your situation.

JJ · 07-09-2007 02:19PM

Also, according to distance selling regulations, sellers aren't obligated to pay for return postage when buyers return items.

jor el · 11-09-2007 01:56PM

Access wrote:

Whats going to kill me here is the return postage, €25.00 registered for 1.5kg parcel to UK... in all fairness i dont think i should be paying for that!

Unfair yes, I've been stung with this too, cost me €10 to return something that only cost me €40, so I'm out by 25% of the sale value due to the sellers incompetence. Almost all eBay sellers state it in their auctions that they will not be responsible for return costs, even if they are at fault in sending you faulty equipment or even the wrong item. Paypal and eBay will also hold you accountable for return costs and they won't help you if you don't use registered post.

I'd also say, just to cover yourself and before you put this in the post, open a dispute with Paypal and put a summary of your conversation so far, mention also that you're returning the item and include the tracking number when you have it. That way Paypal will have a record of what's going on and the seller can't just keep your money and the item when it's returned to him.

Access · 12-09-2007 10:55PM

JJ wrote:

Also, according to distance selling regulations, sellers aren't obligated to pay for return postage when buyers return items.

Feck! youre right on this one... looks like i going to have to return this out of my own pocket if they rule on returning it to the seller.

jor el wrote:

I'd also say, just to cover yourself and before you put this in the post, open a dispute with Paypal and put a summary of your conversation so far, mention also that you're returning the item and include the tracking number when you have it. That way Paypal will have a record of what's going on and the seller can't just keep your money and the item when it's returned to him.

Thanks for the info, didn't realize that i should be informing paypal about tracking details too.

I have been on eBay a long time and this is the first time i've been had...

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