E bay help please

wegotitugetit

wegotitugetit

On the hit list !!!
Suspended / Banned
Messages
7,151
Name
alex
Edit My Images
Yes
i sold a item on ebay over 2 weeks ago and early this week the buyer contacted me saying the item was damaged almost a week and half after reciving the item ( checked the signature and delivery date )

the item was delivered to his mates house according to him and it was the pay pal adress

he only picked it up last friday from his mates

im not happy at refunding the item as it has been a week and a half before he contacted me and has been at his mates house too

where do i stand on this within the law etc

he is claiming he is legally alowed to return it for a full refund no matter on time between delivery from him sending it to reciving it
 
Last edited:
Are you selling as a business.? If so, I think the Sale of Goods Act can be thrown at you stating that the item is unfit for purpose. If the fault occurs in " a reasonable time" it can be returned for refund. Reasonable time is a contentious issue but is generally deemed to be around 30days. However, faults after that time are resolved with repair/replacement.

If you sold the item as an individual the SoG Act does not come into place.

The above is only my understanding as CompterActive magazine have a section based on consumer rights and this sort of thing appears in every issue. I'm sure someone who is in a better position than me (solicitor, Trading Standards Officer etc) will be able to advise better than me.

I will keep an eye on this thread so please keep us updated.

BTW...........Good luck.!!
 
thanks yes it was a one off item it was a plastic item sold to the buyer

surley the buyer has a repsonibility to open the item and report asap not a week and a half later

it has got me annoyed

i always open and report the problem asap
 
In this instance the buyer must send the item back to you (by a trackable method, but obviously if it is expensive it will only be covered with Special Delivery). Then you obviously can check the item out and refund. Could have been Royal Mail at fault?

Don't ever refund without having received the item back first.
 
wegotitugetit said:
thanks yes it was a one off item it was a plastic item sold to the buyer

surley the buyer has a repsonibility to open the item and report asap not a week and a half later

it has got me annoyed

i always open and report the problem asap
Click to expand...


I agree........ always check the item straight away.!:bang:

I bet you are annoyed, it would annoy the hell out of me. I hope you get this resolved to your liking.
 
No matter how you stand mate you will have to pay the money back after he sends something back...............open the box before you sign in front of the delivery person then sign or refuse and state why,
 
Dangermouse1964 said:
No matter how you stand mate you will have to pay the money back after he sends something back...............open the box before you sign in front of the delivery person then sign or refuse and state why,
Click to expand...

This definitely! Tiredness, I don't think I was clear. Thanks :)
 
Where the seller is a private individual, the goods must only be “as described”. The goods are not legally required to be of “satisfactory quality” or “fit for purpose”. The right to return items within 7 working days under the DSR applies only to items sold by business sellers, as a private individual they do not apply to you.

Unfortunately that doesn't mean that the buyer can't try and get his money back, you'll probably the funds frozen in your Paypal account if the buyer decides to complain to them, so be prepared and take all the necessary steps (;)) to support your case.
 
Thats why ebay and paypal are complete cons, I honestly think you could buy a £1k lens, complain to paypal then send a £100 quid lens back, as in that case (as a seller) you can only flag to paypal that it has been received, you cant say received but incomplete etc... No protection at all for sellers.
 
I hate paypal, think I'm going to only accept bt, cheque etc. Good luck, hope you get it sorted.
 
I am a very active ebay user, buyer / seller (not trade).

Keep pictures etc of item if you have them.

If he escalates to paypal claim it can be problem as paypal only require him to provide a tracking number on return. They will then refund him in full.

Its ****** but happens.

However if they do this you can dispute it if he you believe he has acted fraudulently.

Of course it is possible item was damaged in post, then you would have to submit claim on royalmail.

I would get a detailed explanation of problem from him along with photos, so you can decide on next step.

Unfortunately ebay only accepts some items on paypal payments (nice for them but not seller)

Good luck.


Robin...
 
Last edited:
Been on eBay for years and just got stung this week by PayPal. I had a 100% feedback and was proud of it.
I sold my old play station and 7 games to a newbie in Irvine for £24 all in. Sent off from local post office and got proof of postage slip with address on.
Posted it next day after sale and politely send message “Your item is on the way”.
2 days later I get message back “Oh I forgot to put my house number on eBay and PayPal account”.
I tell buyer by return, I have sent it to the addy given and that its 8 kilo (packed in an 18 bottle Stella box) so it’s big 18” x 12” and for her to ring the local depot to let them know.
2 weeks go by and I get a message saying “Where is my parcel I have not received it yet”? I reply stating you have not been in touch for 2 weeks and I sent it with proof of postage.
She then opens Paypal dispute saying item not received. Oh and in the 3 weeks interim she has had 5 transactions with 3 gone wrong and has only 60% negative feedback. Angry I reply to PayPal giving proof of postage slip and explain all the above.
1 week later message from PayPal we have found in buyers favour. They remove the funds from my bank account and return it to her. I immediately ring PayPal and to be told proof of postage is not proof of receipt. I explain her bad history within 25 days of becoming a member & I explain wrong address given by buyer and he says that’s not a problem the postman should know every house in Irvine Scotland and he says “sorry nothing I can do is there anything else I can help you with”.

So be warned don’t send anything without recorded delivery if they say they don’t receive it there is nothing you can do. They get goods and the money back. If your selling an expensive lens, camera or something similar. You will not win if a case is opened against you.
PayPal will take you down the road of proof of postage and it’s just a waste of time. You can only win with a proof of delivery.

Lesson learned.
 
>>he is claiming he is legally alowed to return it for a full refund no matter on time between delivery from him sending it to reciving it<<

I don't think this applies to auctions, does it? Only BIN.
 
Chiggs said:
Been on eBay for years and just got stung this week by PayPal. I had a 100% feedback and was proud of it.
I sold my old play station and 7 games to a newbie in Irvine for £24 all in. Sent off from local post office and got proof of postage slip with address on.
Click to expand...


Proof of postage, as you have unfortunately discovered is not the same as proof of delivery. For Paypal you need a proof of delivery that is checkable online, such as Rec'd Delivery or Special Delivery.
 
Flash In The Pan said:
Proof of postage, as you have unfortunately discovered is not the same as proof of delivery. For Paypal you need a proof of delivery that is checkable online, such as Rec'd Delivery or Special Delivery.
Click to expand...

Dead right, I learnt the hard way. Thankfully it was only £24 pounds I would have been devastated if it was a £300-400 camera. Its recorded delivery from now on for me.....:(
 
Chiggs said:
. Its recorded delivery from now on for me.....:(
Click to expand...

Even recorded delivery isn't fully safe. I sold an item on here last year but the buyer never received it. I chased up RM and they provided a signature to "prove" that it was delivered to the address....that's the end of any dispute as far as they're concerned.

Bob
 
Chiggs said:
Dead right, I learnt the hard way. Thankfully it was only £24 pounds I would have been devastated if it was a £300-400 camera. Its recorded delivery from now on for me.....:(
Click to expand...

If the item value is over £39 you should always use special delivery if you want full peace of mind. Recorded doesn't offer enough protection or insurance.
 
Paypal does leave you to be open to be scammed - unfortunately if the buyer raises a Paypal dispute you will be forced to refund. Paypal will always side with a buyer in these cases.

If possible, try to avoid it going to a Paypal dispute, as if it geos to that, you can guarantee you'll get a damaged item back (I'll leave that to your imagination,but if it needs to be damanged to get a refund, likely it will come back with damage...)
 
Flash In The Pan said:
Proof of postage, as you have unfortunately discovered is not the same as proof of delivery. For Paypal you need a proof of delivery that is checkable online, such as Rec'd Delivery or Special Delivery.
Click to expand...

This is not always the case.

I sent back a faulty remote to seller with a tracking number.

Said it had been delivered but paypal refused refund because there was no signature.

I think they make it up as they go along.

Luckily it was not worth much.
 
robinb said:
I think they make it up as they go along.
Click to expand...

I would agree with that, I disputed a purchase (the goods were counterfeit) the week before Christmas and Paypal hummed and hawed and then announced on the 23rd that they needed written proof from an "expert" that the goods weren't genuine and that they had been destroyed and that this proof had to be by fax and provided within 3 days.

When I managed to do it, they came up with another set of hoops to jump through, this time the evidence had to be faxed to them over the new year holiday.....
 
You must log in or register to reply here.
Back
Top