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Author Topic: eBay did right  (Read 3223 times)

T33cno

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eBay did right
« on: March 13, 2017, 12:27:41 pm »

I bought a billings Nordkap 476 recently
Advertised as been in a cupboard for years.
I won it and thought I'd done well at £93 delivered until it turned up .
Much of the kit was warped from damp.
It was so old that the fitting kit was a separate purchase ( no longer available)
So it wasn't really viable to build it.
I put in a returns request and the seller chose to ignore all communication.
Today eBay made a full refund so I now have a set of mahogany planks that are useable for free :-))
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Paul2407

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Re: eBay did right
« Reply #1 on: March 13, 2017, 12:44:28 pm »

Bargain  :-)) your gain their loss!!
Don't know why sellers choose to ignore people when we all know that ebay 99% of the time side with the buyer
I'm sure you can find some good use for the planks for something even if you make bulkheads or something out of them.


Cheers
Paul
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BFSMP

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Re: eBay did right
« Reply #2 on: March 13, 2017, 02:36:25 pm »


Bargain  :-)) your gain their loss!!
Don't know why sellers choose to ignore people when we all know that ebay 99% of the time side with the buyer


On the other hand....the vendor is entitled to their goods back at your cost, as I found out a few weeks ago even though the buyer maliciously damaged the goods because they didn't want them and the only excuse was damaged they put in a return request but had to send the goods back before ebay returned their money. or they could charge you rightfully with theft as you haven't paid for their belongings.


Jim.
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T33cno

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Re: eBay did right
« Reply #3 on: March 13, 2017, 02:43:40 pm »

Case is closed. They had four weeks to respond, if they want it back now they'll have to pay my price for time wasted and postage


ActuallyI think it was two weeks but as far as I know eBay has refunded me not the seller.
eBay will deal with them not me
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Paul2407

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Re: eBay did right
« Reply #4 on: March 13, 2017, 02:53:45 pm »

The seller would have to pay the return postage if the goods otherwise the item is deemed as unclaimed and the full property of the buyer
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BFSMP

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Re: eBay did right
« Reply #5 on: March 13, 2017, 03:26:56 pm »


The seller would have to pay the return postage if the goods otherwise the item is deemed as unclaimed and the full property of the buyer


Untrue.


I speak from 1st hand experience only weeks ago. I sold a jumper, but the person said it was damaged when they received it. I sent photos of the item both before, during and after. I told them to return it at their own expense for inspection and I then repackaged it up as I did when it was sent originally and found that in their exuberance to rip open the package they damaged it. however ebay awarded them the original postage and cost of item, but upheld my appeal against having it posted back to my for inspection. IT IS NOT THEIR RIGHT to keep something that they haven't paid for. that is fraud, just as it would be if you bought a car, asked for your money back and then kept the car. simple rule of the law. you cannot keep something you haven't paid for.


Jim.
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Paul2407

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Re: eBay did right
« Reply #6 on: March 13, 2017, 03:31:01 pm »

You can if the seller doesn't pay the return post or actually ask for it back as they need to give a returns address.
Yes you cannot keep the item if the seller requests it but you are within your rights to ask them to pay for return postage
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BFSMP

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Re: eBay did right
« Reply #7 on: March 13, 2017, 03:39:27 pm »


You can if the seller doesn't pay the return post or actually ask for it back as they need to give a returns address.
Yes you cannot keep the item if the seller requests it but you are within your rights to ask them to pay for return postage


oh yes you can, and in such an event I as the seller would call the relevant police force of the address I sent it to and have the person charged with theft.


you are lucky that the seller hasn't done so to you, because I would have done. YOU HAVE ABSOLUTELY NO RIGHT to hold onto the goods in any circumstance at all.


Jim.
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kinmel

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Re: eBay did right
« Reply #8 on: March 13, 2017, 03:42:31 pm »


Untrue.


I speak from 1st hand experience only weeks ago. I sold a jumper, but the person said it was damaged when they received it. I sent photos of the item both before, during and after. I told them to return it at their own expense for inspection and I then repackaged it up as I did when it was sent originally and found that in their exuberance to rip open the package they damaged it. however ebay awarded them the original postage and cost of item, but upheld my appeal against having it posted back to my for inspection. IT IS NOT THEIR RIGHT to keep something that they haven't paid for. that is fraud, just as it would be if you bought a car, asked for your money back and then kept the car. simple rule of the law. you cannot keep something you haven't paid for.


Jim.

The Seller has to respond to the complaint during the permitted time and has to ask the buyer to return the item.  If the seller fails to respond within the allowed time then Ebay refund the buyer directly and reclaim the original payment from the Seller's Ebay account.  Having failed to resolve the matter within the time, case is closed and the seller has no further redress.
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Paul2407

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Re: eBay did right
« Reply #9 on: March 13, 2017, 03:45:52 pm »

No I'm not as I haven't kept anything  {-)
But to be honest the police wouldn't be interested lets face it they don't turn up for most things these days you seriously think they will turn up because someone says a buyer failed to return there goods? not a chance I'm afraid
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Paul2407

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Re: eBay did right
« Reply #10 on: March 13, 2017, 03:46:27 pm »

Kinmel 100% spot on :-))
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BFSMP

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Re: eBay did right
« Reply #11 on: March 13, 2017, 03:53:13 pm »

Would you like to check on that information with a friend of mine before you quote the law.And yes, the police would be interested, because it is a simple case, unlike half the rubbish they deal with these days..


He is called Aidan Carr, a Barrister and Queens Councillor specialising in business law at Manchester chambers.


Jim.
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T33cno

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Re: eBay did right
« Reply #12 on: March 13, 2017, 04:04:42 pm »

As I said
eBay dealt with it as the seller refused to respond
I have no contact with the vendor and I did ask to return it!
Money refunded case closed END OF
If you disagree take it up with eBay and their buyer protection program  :-))
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T33cno

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Re: eBay did right
« Reply #13 on: March 13, 2017, 04:09:31 pm »

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Martin (Admin)

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Re: eBay did right
« Reply #14 on: March 13, 2017, 04:16:23 pm »


The converse of Ebay's policy is if you sell something, Ebay always seem to refund,even if the seller is in the right.
From personal experience, after a buyer raised a complaint, Ebay made Zero investigation despite being able to prove the good were fully functional and complete when delivered!    >:-o
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BFSMP

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Re: eBay did right
« Reply #15 on: March 13, 2017, 04:19:44 pm »


The converse of Ebay's policy is if you sell something, Ebay always seem to refund,even if the seller is in the right.
From personal experience, after a buyer raised a complaint, Ebay made Zero investigation despite being able to prove the good were fully functional and complete when delivered!    >:-o



it is actually disgusting how ebay treat vendors, Martin, but sadly they have a captive market, and their company headquarters well away from English or even EU law, I believe and as such, make their own laws.


Jim.
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T33cno

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Re: eBay did right
« Reply #16 on: March 13, 2017, 04:23:42 pm »

I would think sellers and buyers alike have to accept eBay terms and conditions of use.


I recently bought a four wheeled garden cart based on the description and pictures, when it arrived it was different and not acceptable.
I'm now in disputes with the seller who clearly is in China whilst the goods are shipped from Manchester.
What would you do ?
I've asked for the sub standard item collecting when they delivery what I paid for 
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kinmel

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Re: eBay did right
« Reply #17 on: March 13, 2017, 05:00:08 pm »

Quote
Would you like to check on that information with a friend of mine before you quote the law.And yes, the police would be interested, because it is a simple case, unlike half the rubbish they deal with these days..

He is called Aidan Carr, a Barrister and Queens Councillor specialising in business law at Manchester chambers.

I think it is you who should seek that written opinion.

 To Buy,or sell on Ebay and/or use Paypal you must agreed to their Terms and Conditions.  Those Terms and Conditions then form part of all your contracts as a Seller/Buyer on those platforms and are deemed to provide an Alternative Dispute Resolution Service in accordance with The Consumer Rights Act, 2015. By using Ebay, or Paypal you are committed to use their A.D.R.

Their T&C s clearly state.....

After you have exhausted all previous means of communicating with the seller, and you believe that your still having unresolvable issues with your seller, escalating the dispute to a claim assigns the case to a PayPal agent. The agent will review the case and make a decision either for or against the seller. At this point, communicating with the seller is not necessary, as all correspondences associated with the claim should be sent to PayPal's specified email address. Please be aware that BOTH the seller and the buyer can initiate this process and escalate the dispute to claim. It can be done at any time.

When a dispute is escalated to a claim, a Dispute Resolution Agent from PayPal will be reviewing the case, and the Agent will have the final say-so.
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Martin (Admin)

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Re: eBay did right
« Reply #18 on: March 13, 2017, 05:08:36 pm »

When a dispute is escalated to a claim, a Dispute Resolution Agent from PayPal will be reviewing the case, and the Agent will have the final say-so.

... that's the bit that doesn't work very well at all!   >:-o
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kinmel

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Re: eBay did right
« Reply #19 on: March 13, 2017, 05:12:56 pm »

... that's the bit that doesn't work very well at all!   >:-o

I have never had a problem buying, or selling.
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T33cno

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Re: eBay did right
« Reply #20 on: March 13, 2017, 05:18:54 pm »

Me neither eBay works where honesty rules the day.
I have near 1100 100% feedback as buyer and seller and I won't be conned
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Martin (Admin)

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Re: eBay did right
« Reply #21 on: March 13, 2017, 05:27:51 pm »


.... purely an equation of:  purchases  x  time  x  luck.   {:-{

See:
  http://www.modelboatmayhem.co.uk/forum/index.php/topic,55990.msg581344.html#msg581344
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BFSMP

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Re: eBay did right
« Reply #22 on: March 13, 2017, 06:29:48 pm »


I think it is you who should seek that written opinion.


as I stated in my original post I speak from experience and a verbal discussion with a friend of many years tells me that my information was correct kinmel.............qed. :-))


Jim.
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kinmel

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Re: eBay did right
« Reply #23 on: March 13, 2017, 06:36:36 pm »


as I stated in my original post I speak from experience and a verbal discussion with a friend of many years tells me that my information was correct kinmel.............qed. :-))


Jim.

I don't think you have demonstrated anything, just voiced an opinion. 

However , good luck as a Ebayer.
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cos918

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Re: eBay did right
« Reply #24 on: March 13, 2017, 08:29:28 pm »


Untrue.


I speak from 1st hand experience only weeks ago. I sold a jumper, but the person said it was damaged when they received it. I sent photos of the item both before, during and after. I told them to return it at their own expense for inspection and I then repackaged it up as I did when it was sent originally and found that in their exuberance to rip open the package they damaged it. however ebay awarded them the original postage and cost of item, but upheld my appeal against having it posted back to my for inspection. IT IS NOT THEIR RIGHT to keep something that they haven't paid for. that is fraud, just as it would be if you bought a car, asked for your money back and then kept the car. simple rule of the law. you cannot keep something you haven't paid for.


Jim.


Jim
There is the remote selling act . you should go read it . As a seller on the internet in the UK you have to pay postage for returning items that were mailed to the buyer . If you dont you do not get your item back but still have to give a refund and it not theft or fraud .
Your example about the car is irrevelent as that would be a face to face purchase which would come under different regulation and this post is not talking about that
John
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