legal action time
Yet another ripped off on ebay thread... advice please
- Thread starter andrewohare
- Start date
Which will prolly cost me in legal fees
Soldato
aye just ignore the 'go legal' posts.....sure if you were out a few grand but 95 quid or whatever it was isn't going to be worth it. keep hounding ebay. call them out on facebook, twitter etc. keep emailing them and phoning them.. even if you don't get any joy at least you get to **** a few people off!Which will prolly cost me in legal fees
aye just ignore the 'go legal' posts.....sure if you were out a few grand but 95 quid or whatever it was isn't going to be worth it. keep hounding ebay. call them out on facebook, twitter etc. keep emailing them and phoning them.. even if you don't get any joy at least you get to **** a few people off!
What?
If its as open and shut as the OP makes it, smashing it through small claims would be an easy win. Just list both the buyer and ebay and defendants, I've done it before, as have many others:
https://www.theguardian.com/money/2014/feb/17/ebay-goes-wrong-debt-collectors
Soldato
do you not have to pony up the costs for the small claims court though? or do you get those back from the defendants if you win
Yes, if you win you claim it back.
Could take a long while though I guess .. I put in official complaint to PayPal will call eBay back in a few days and see if they had a response
Yeah dude I’d be careful who you sell it to .. should take my own advice doh!
If they dont put a defense in you can get a judgement within a month
Rack up your time spent on it as well, claim it back as part of the costs.
Soldato
ah ok I retract my original post in that case.
legal action can be free or at least very low cost, just make threats to ebay, if they dont work, then small claims court is an option.
This thread is an eye opener, it is a joke for sellers, but I suppose if your motivation is only the money and not principle, and you now assessing the cost of any actions you probably now close to the move on phase and only use ebay for buying not selling from now on.
An option in future for people is they can empty out their paypal account after they paid meaning if ebay want to do a cash grab for a buyer refund it has to come from a direct debit or card payment which both can be reversed, of course if you reverse expect the ebay and possibly paypal account to be closed, but it does at least stop financial loss. Although some sales (but not all) will freeze the funds past the refund period now I noticed.
This thread is an eye opener, it is a joke for sellers, but I suppose if your motivation is only the money and not principle, and you now assessing the cost of any actions you probably now close to the move on phase and only use ebay for buying not selling from now on.
An option in future for people is they can empty out their paypal account after they paid meaning if ebay want to do a cash grab for a buyer refund it has to come from a direct debit or card payment which both can be reversed, of course if you reverse expect the ebay and possibly paypal account to be closed, but it does at least stop financial loss. Although some sales (but not all) will freeze the funds past the refund period now I noticed.
I'm really sorry andrewohare to read about your woes with Ebay but as you've probably learnt now in that wonderful thing called hindsight that you may have made a few critical seller errors:
· The seller had 0 feedback and had joined Ebay the day before.
I had exactly the same with a camera lens I was selling. I contacted Ebay prior about my concerns that the seller might be fraudulent but their official line is that a contract was entered into and I should dispatch the item. Unofficially I was told that I could cancel the sale stating something like the item was faulty. You then have to wait for the buyer to respond. The Ebay person informed me that if it was fraudulent the buyer then most likely would not respond in the allotted time period and after that time the case would be decided in my favour with the buyer being refunded and the sale cancelled.
They didn't make it clear what would happen if the buyer did respond or not agree to the cancellation but I suspect because Ebay is all about making money no matter the circumstance they would refund the buyer but also charge me the seller fee. As it happened the buyer did not respond and I did not get charged anything.
· You did not use the Ebay system to provide the return label and tried to use your own courier.
You should always use the Ebay return label system as that 'guarantees' you get something back or the case gets decided in your favour. It also only costs you £3.10 and is fully tracked/insured and if it doesn't arrive back with you then Ebay have to refund you. The most you may have lost is £3.10. There is the small chance that the board you sent out is not the one you dispatched which brings me to the next point.
· I checked your listing and non of your pictures were of the actual motherboard with the serial number showing. Also you should have taken a picture of the CPU socket to show all the pins were straight.
Though as mentioned, millions of sales go through perfectly fine you have to approach with a view that the buyer will attempt to rip you off. All of my listings on Ebay include the line that I will cancel bids of people with less than say 50 feedback or who have been on Ebay less than 6 months. This singular reduced the number of attempted fraudulent purchases to 0 for me. I did get the odd person with less than 5 feedback make a purchase but they contacted me prior and even called me on my phone. Though if they have 0 feedback and have just joined Ebay then even contacting me won't stop me from cancelling the bid.
As to what you can do to get the motherboard back then your only real recourse is to escalate your complaint through Ebay but you have to remain super polite throughout (this is extremely important) even when faced with inane logic and reasoning coming from the other end. Failing that then you have to go through small claims court or at least threaten that in writing.
· The seller had 0 feedback and had joined Ebay the day before.
I had exactly the same with a camera lens I was selling. I contacted Ebay prior about my concerns that the seller might be fraudulent but their official line is that a contract was entered into and I should dispatch the item. Unofficially I was told that I could cancel the sale stating something like the item was faulty. You then have to wait for the buyer to respond. The Ebay person informed me that if it was fraudulent the buyer then most likely would not respond in the allotted time period and after that time the case would be decided in my favour with the buyer being refunded and the sale cancelled.
They didn't make it clear what would happen if the buyer did respond or not agree to the cancellation but I suspect because Ebay is all about making money no matter the circumstance they would refund the buyer but also charge me the seller fee. As it happened the buyer did not respond and I did not get charged anything.
· You did not use the Ebay system to provide the return label and tried to use your own courier.
You should always use the Ebay return label system as that 'guarantees' you get something back or the case gets decided in your favour. It also only costs you £3.10 and is fully tracked/insured and if it doesn't arrive back with you then Ebay have to refund you. The most you may have lost is £3.10. There is the small chance that the board you sent out is not the one you dispatched which brings me to the next point.
· I checked your listing and non of your pictures were of the actual motherboard with the serial number showing. Also you should have taken a picture of the CPU socket to show all the pins were straight.
Though as mentioned, millions of sales go through perfectly fine you have to approach with a view that the buyer will attempt to rip you off. All of my listings on Ebay include the line that I will cancel bids of people with less than say 50 feedback or who have been on Ebay less than 6 months. This singular reduced the number of attempted fraudulent purchases to 0 for me. I did get the odd person with less than 5 feedback make a purchase but they contacted me prior and even called me on my phone. Though if they have 0 feedback and have just joined Ebay then even contacting me won't stop me from cancelling the bid.
As to what you can do to get the motherboard back then your only real recourse is to escalate your complaint through Ebay but you have to remain super polite throughout (this is extremely important) even when faced with inane logic and reasoning coming from the other end. Failing that then you have to go through small claims court or at least threaten that in writing.
I tried to complain through PayPal .. after a massive long email explaining the situation time line etc here’s the response
PayPal:
PayPal and eBay are now separate companies and we cannot offer detailed help with eBay queries. To open a dispute with eBay, login to your eBay account and click Help & Contact at the top of the page and follow their instructions to file a dispute.
PayPal:
PayPal and eBay are now separate companies and we cannot offer detailed help with eBay queries. To open a dispute with eBay, login to your eBay account and click Help & Contact at the top of the page and follow their instructions to file a dispute.
Yeah it’s super tough to be polite with some of the CSR on eBay .. defiantly learnt my lesson for sure
Would have done the return label had eBay got back to me before the 5 days were up .. I suspected a scam and emailed them to raise concern before I sent a label then on day 5 I had two email saying we refunded the buyer and another to say we don’t know the condition and we side with the buyer etc
Not one to give up.. just got off the phone to ebay again spoke with a nice gent and told him the saga and that I don’t have the item back yet, he asked me to contact the buyer one last time and he will do the same and if there is no response he said that he will get it escalated to ensure we get the item back
Not sure if it was just BS to make it looks like they could do anything but defiantly seemed more helpful this time around!
Paypal was not interested when i spoke with them
Not sure if it was just BS to make it looks like they could do anything but defiantly seemed more helpful this time around!
Paypal was not interested when i spoke with them
Soldato
- Joined
- 16 Aug 2009
- Posts
- 7,740
Well, at least you got it back. And in once piece. And its the same item! Should be still be able to sell it (again). Seller protection refers to trackable deliveries not (claimed) faulty items.
And what if they refuse to pay/ignore the claim? Back to the start we go.
ok I have now officially given up
after a lengthy hour on the Phone with ebay and speaking with a supervisor the end result she said to me that I can send him a return label now but have to respect the buyers wishes if he doesn't want to return the item.
..im done with it now
after a lengthy hour on the Phone with ebay and speaking with a supervisor the end result she said to me that I can send him a return label now but have to respect the buyers wishes if he doesn't want to return the item.
..im done with it now
maybe start the small claims process ?
https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim
https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim