eBay issue

[DarkAngel]

Looking for some advice on an issue i've been having with an eBay seller.

I purchased an iPhone for my girlfriend on the 31st of August, it was listed as a faulty screen but working. (£170 +£7.50 p&p)

I received the phone to find it wasn't working at all, i got one of my friends at apple to diagnose it to find the motherboard was harvested for parts and contacted the seller immediately. He informed me it was sold as faulty and he wouldn't be refunding it... even though it wasn't working at all...

I next contacted eBay and they approved returning of the item, it was tracked and got delivered back to the seller. I thought great i'm happy its returned and ill get my money back. I wasn't aware that i had to keep the case open and closed it before i got my money back now eBay are refusing to reopen the case saying they can't? I have tried contacting Paypal and they say their hands are also tied and that i have to contact the seller direct... I spoke to one of the eBay managers who said this was very common but still there was nothing they could do, they will email the seller in hopes he will refund the amount otherwise i should speak to the police.

The seller will not issue a refund saying its faulty (and that i caused it). He won't refund my money or send the phone back. So i wanted to know what my options are? I paid with my bank card (not credit) so i guess my next avenue is speaking to my bank and if they can't help i guess the police?  

I know the sellers name, address, email and direct phone number and he is now abroad with the phone being in the possession of his father.

[atomant]

I'm not your Father, Luke.

Please refrain from giving my Deathstar " Gmail addy out, and quit kissing your sister.

AA

Sry no harm intended, sucks to be ripped off.

Paypal usually insures some of these purchases, but like many things in life,,nothing is for sure.

I`m 55 and stil waiting on those X-Ray glasses that cost me three box tops and alot of waiting.

AA

One day soon, then I`ll see through you all

[GhostMjr]

You can't reopen a case once closed. PayPal won't want to know as you already have a case on the item. The fact you closed it means you have accepted everything is now fine. You may need to speak to your bank although they might say they aren't interested. Hence why you should always pay by credit card!

[Penfold]

Not sure what you can do in reality short of trying the normal bank /fraud route. If Paypal and Ebay won't help you're kinda scuppered - doubly so as the seller isn't in the country. If you were particularly hacked and you could track him them presumably you could take him to a small claims court but it probably cost you more in the long run.

[atomant]

Not sure what you can do in reality short of trying the normal bank /fraud route. If Paypal and Ebay won't help you're kinda scuppered - doubly so as the seller isn't in the country. If you were particularly hacked and you could track him them presumably you could take him to a small claims court but it probably cost you more in the long run.

I think Pen is right, not much you can do at this point, but hey, I'm a frim believer in Karma...he'll trip over a cat or something.

Those that live for quick money often burn out quicklly, and you're a better person for not posting his/her details here.

Sry for your loss. My bank wouldn't help me, but If I did that with my credit card, they'd give me credit and then sick the flying monkeys after them, i'm sure his dad is proud.



AA

[Switchback]

I know what I would do, best I don't post that though.

Hope it gets sorted bud.


Sent from my iPhone using Tapatalk and technology

[no peanuts]

You might wanna read through Section 75 of the Consumer Credit Act 1974, you may be able to claim the funds back through the bank / credit card provider that the paypal account is linked to.

Edit:
http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases
http://www.legislation.gov.uk/ukpga/1974/39/section/75

[TeaLeaf]

As you know the person's details and if you are satisfied that you have exhausted the other routes (like Smilo's suggestion) then you might want to consider the County Court & the Sheriff for enforcement.   It's relatively cheap to undertake and affects that persons credit rating, so usually you get some action to avoid the CCJ being registered (or enforced) against them.

https://www.gov.uk/make-court-claim-for-money/overview

There's a high proportion of County Court cases where the other party never bothers to show up, so you win by default so long as you have properly submitted your own evidence.    You can also represent yourself, so it's just a couple of hours and not a big lawyer's bill to do it.

[TheDvEight]

Hi DA, This sucks mate and I'm sorry to hear your current situation, you've received a lot of help and support from others and I cant think of anything that may have been missed in that advice.

Hope you get it sorted.

[DrunkenZombiee]

Rules of internet shopping:

1. Don't ever use your debit card for anything on the internet even if its through paypal. Have as many layers of protection as possible so if you can use your credit card attached to paypal to pay for things rather than just your credit card. This means that your credit card will not be on the websites database and therefore more secure and you have a second person to talk to when thing go wrong.  
2. Don't buy dodgy stuff off ebay as you will always be taking as risk. In fact anything off eBay is a huge risk particularly electronics. Any grey or foreign imports will cost you more to send back than you paid for them and the warranty and servicing may not apply in the UK. The whole your word vs his word is very common on ebay and ebay are not as good as they say they are at dealing with fraudsters. If something is described as new and working then you will win however if described as faulty you are buggered as it pretty hard to prove whats wrong with electronics unless you have experts on both sides. DONT BUY BROKEN STUFF OFF EBAY!
One thing you could consider is posting on their social networking walls saying how unhappy you are and explaining the situation. Normally someone will get back to you pretty fast.
3. Why are you buying Apple goods!! You are feeding the root of Evil.

As for the situation, issue a small claims court summons and he will pay up. I have done it a few times and people never contest it, its easier for them just to give you a refund and avoid all of the hassle.

DZ

[DarkAngel]

Thank you all for some really good advice. I've phoned my bank, but they can't help me as the Paypal payment was setup as a direct debit (and can't be listed as fraudulent?). I have spoken to "Action Fraud" who have created a Crime Reference Number. Tempted to get a lawyer to send him a letter, showing my intention to take him to court (hopefully this will scare him into paying?).

[TeaLeaf]

Tempted to get a lawyer to send him a letter, showing my intention to take him to court (hopefully this will scare him into paying?).

It'll cost you more to pay a lawyer to send him a letter than the whole County Court process costs.    If you have a friendly lawyer who will do it for free then fine, otherwise I'd send him a registered delivery letter yourself which gives him 14 days to settle before further action is taken.     Then if he does nothing go straight to County Court.

Be prepared for this to take a while.   The CC process is relatively quick, but then you might need to get the Sheriff involved, so your looking at months not weeks in total.

The real moral of the story is:    don't buy an iphone!

[T-Bag]

It'll cost you more to pay a lawyer to send him a letter than the whole County Court process costs.    If you have a friendly lawyer who will do it for free then fine, otherwise I'd send him a registered delivery letter yourself which gives him 14 days to settle before further action is taken.     Then if he does nothing go straight to County Court.

Be prepared for this to take a while.   The CC process is relatively quick, but then you might need to get the Sheriff involved, so your looking at months not weeks in total.

The real moral of the story is:    don't buy an iphone!

Yeah. Don't bother with a lawyer. Small claims court is inexpensive, and you have the evidence you need to win easily. You have the ebay transaction, the expert who looked it over, the parcel receipt showing you sent it back and a record of emails showing he refused to refund any money despite you returning the item. As long as in those email he's acknowledged that he's received the phone and hasn't said "It was damaged on arrival", then there's no possible way a judge would side with him. Put it all in a folder submit it to the court. I can't remember how much it costs £20 maybe. Don't forget to add on the cost of return postage and any other tangible losses. As far as I'm aware, you cannot claim for things like loss of income for not having a phone. So stick to things you have a receipt for.

Personally I think anyone who buys a broken iPhone on eBay is asking to be ripped off. The only things I would buy "untested" are things that are so cheap and obscure that there's zero chance of fraud, and if it's beyond repair I don't care about throwing it away.

[DarkAngel]

Update

After a lot of communication by text i have received a partial refund of £83.60. He informs me he has now resold the phone (without consulting me first) and it only resold for £110 (£26.40 deducted for fees).

It's a shame its only half, i guess he's trying to buy me off but i'm not having any of it, i'm about to reply with the following before taking him to the courts. Once again thank you for all the support.



Thank you for the partial refund but i find it unreasonable to refund barely half what i paid for the phone. You resold the phone without consulting me which i believe is wrong, considering the on-going dispute. I know you no longer live in the UK, but you did when you sold me the phone (making you liable). I didn't attempt a repair on the phone. It arrived with no power whatsoever, you stated the screen came on (just that the touch ability didn't work) and therefore differed from the stated listing. I would like a full refund, if this is not done within 24 hours i will be proceeding to taking to you to court.

[T-Bag]

Update

After a lot of communication by text i have received a partial refund of £83.60. He informs me he has now resold the phone (without consulting me first) and it only resold for £110 (£26.40 deducted for fees).

It's a shame its only half, i guess he's trying to buy me off but i'm not having any of it, i'm about to reply with the following before taking him to the courts. Once again thank you for all the support.



Thank you for the partial refund but i find it unreasonable to refund barely half what i paid for the phone. You resold the phone without consulting me which i believe is wrong, considering the on-going dispute. I know you no longer live in the UK, but you did when you sold me the phone (making you liable). I didn't attempt a repair on the phone. It arrived with no power whatsoever, you stated the screen came on (just that the touch ability didn't work) and therefore differed from the stated listing. I would like a full refund, if this is not done within 24 hours i will be proceeding to taking to you to court.

I would change the deadline. 24 hours is too quick, 3 days would be plenty if he intends to pay. With just 24 hours he may accidentally end up 'calling your bluff'. It'd be much quicker and easier if he pays you so making it as easy for him as possible it the key.

Personally I'd change it to "Thank you for the partial refund but the balance of X is still outstanding. The phone was mis-sold and as such I am due a full refund...