Ebay going against there own policies

[KevinM2k]

Hi,

 

I recently sold a mobile phone on ebay for £200, I listed in the article twice that the phone had a defect and I had numerous emails from buyers asking about it which I gave full information on, some of them bidded.

 

It was then sold and the money paid - i sent the item out, a few days later the buyer puts in a dispute saying that the item doesnt match description as it has a defect (yes the same one i listed in the article).

 

After a few back and forward emails ebay stepped in and yesterday I got an email saying they have decided in buyers favour - immediately i contacted ebay who informed me this wasn't the case and it was an automated email but they have asked buyer to send item back and i should check it when it comes back for any faults.

 

Now if they would of read his complaint to me they would of realised it was the same thing i mentioned in the article and looking at ebays OWN terms and conditions it does state that they will not decide the buyer is right if the defect is mentioned fully in the article... but obviously it seems they have ignored this and are trying to push for a refund anyways... as far i'm concerned they are now in breach of there own contractual agreements with me and anyone else who has a similar issue.

 

I am pushing the complaints every day and seeing if I can get anywhere but keep getting conflicting emails off different members of ebay staff all the time. Some saying when I get item then I should appeal and say it does match description, others saying it will auto refund when it is returned.

 

I have closed my paypal account (can they still push a refund?) and will be closing my ebay account after this, I am totally unwilling to give a refund based on what the buyer has said (he has simply changed his mind). Does anyone know where I stand on this as I am totally willing to push a small claim against ebay for breaching the contract and going against there own buyers/sellers protection guidelines.

 

As you can imagine, this locked my paypal account for like 2 weeks and caused loads of issues with shops I use paypal to pay - and it looks like this is going to continue for a while yet.

 

Thanks for any help

 

Kevin

[wiseajak]

Hi kevin!

 

I know exactuly how you feel as this has happened to me. If thy refund the buyer the claim to do it on your behalf and will seek reinbursement from you.

 

If like me you wont refund ebay out of principle make aure you dint have any reinbursment payment method on your ebay account otherwie they will take the money out of your bank account.

 

The flaw with ebay is as long as te buyer send them a tracking number they refund them automatically even if theve sent u a empty box with tracking.

 

They always side with the buyer, i have had a similar experience and now can now longer use ebay because of there back to front view on things, even tho iv been on there buying and selling for 7years with no hitches.

 

If ebay refund the buyer they will chase you for it but i would stick to my guns, you have clearly stated the fault rbay have brought this on themselves!

[scotgal68]

http://www.consumeractiongroup.co.uk/forum/showthread.php?389722-PayPal-Dispute!-Help&p=4265892#post4265892

 

See this thread

[KevinM2k]

Thanks Scotgal68, that seems more about a fradulant buyer, this one I dont think the buyer is being fraudulant, but instead are playing the ebay system to get a refund of there money. I don't really doubt I will get the phone returned to me, the problem is that they have returned it on a defect that was already listed and ebay don't seem to listen one bit.

 

I did just read in that last thread however that PP automatically transferred negative balance after 4 days and I did notice that my paypal balance was at £0 when I closed my account.... i have also checked my bank account however and there is no funds coming out for paypal whatsoever so not sure how it was empty.

 

From this, it seems that paypal won't be able to launch anything on me as when I cancelled my balance it said £0, if ebay do.. then I have a lot of emails that have been backwards and forwards between us, but I have spoken on the phone to them quite a bit as well.

 

I am just hoping now that paypal haven't somehow get the money back from me and will refund the buyer and ebay will just close - if this does happen I then have a couple of options.

 

1. Relist - but there is nothing saying this won't happen again

2. Do a dispute against the person I bought it from and use the ebay system as this buyer did

 

I am a lot happier if ebay put my balance in negative and start trying to get money from me as I have numerous emails from them which are poor and are clearly templated emails that in some cases they haven't fully filled in. Has anyone actually been successful when appealing a refund after ebay have returned a refund to the buyer as ebay do say you can do this.

[KevinM2k]

Hi kevin!

 

I know exactuly how you feel as this has happened to me. If thy refund the buyer the claim to do it on your behalf and will seek reinbursement from you.

 

If like me you wont refund ebay out of principle make aure you dint have any reinbursment payment method on your ebay account otherwie they will take the money out of your bank account.

 

The flaw with ebay is as long as te buyer send them a tracking number they refund them automatically even if theve sent u a empty box with tracking.

 

They always side with the buyer, i have had a similar experience and now can now longer use ebay because of there back to front view on things, even tho iv been on there buying and selling for 7years with no hitches.

 

If ebay refund the buyer they will chase you for it but i would stick to my guns, you have clearly stated the fault rbay have brought this on themselves!

 

So you didn't pay eBay back when they put your balance in to negative? What happened with this? Did they try and chase you for payment or send over any debt collectors?

[scotgal68]

The link contains advice about what to do if and when eBay/Paypal put your account into a negative balance.

[wiseajak]

Hi.

Well my issueis still ongoing, my paypal balance went back to £0 after a few days and i closed it.

 

Ebay aend u emails so far iv been getting them since march saying reinburse us now or else but my issuae was to do with a buyer that had got his item and scammed me as he openly admitted to me that he'd got it afterna few weeks. If tried to show ebay this but of corse fell on deaf ears.

 

The accouny is in dispute so if they pass it on i know what to do. Its nothing to worry about really, im just not going to pay them back out of principle. It wasnt my fault so they can whistle for it.

 

It would be up to you though.

[wiseajak]

Plus u probably would have realised that phoning or emailing them is a waste of time as they do Not listen

They will always side with the buyer

 

When i told them about my issue all the emails they sent me

Were how to add a reinbursement method and side steped my issue. And thts all i get. No direct answers

 

They dont listen to a word you say.

[KevinM2k]

Plus u probably would have realised that phoning or emailing them is a waste of time as they do Not listen

They will always side with the buyer

 

When i told them about my issue all the emails they sent me

Were how to add a reinbursement method and side steped my issue. And thts all i get. No direct answers

 

They dont listen to a word you say.

 

This is exactly what I'm finding. So when they do start threatening you with debt collection you say you know what to do.. I don't, could you elaborate?

 

Thanks

[wiseajak]

Just that the account is in dispute and that you do not acknowledge any debt to them or ebay.

 

Ebay would be in the wrong to pass it on to a DCA if its already in dispute but they probs will anyway. Iv been persistent but i dont see it getting anywhere.

 

Its pretty much ebay saying we cant get any money outa you so we are passing it to the big bad wolf to try and scare you into paying. You just have to be firm with DCA's as you probably would have seen if you have read any other threads on this site.

 

Iv kept all emails and replys to prove if need be that ebay dont listen should it go further which is highly unlikey as their only missing out on £14! Its laughable!

[ericsbrother]

Has the buyer sent the phone back? IF not then you have nothing to worry about. I expect they bought it thinking they could get it working fully and have a bargain to sell on and now regret it.

Ebay are not real people, they are an experiment in cybernetics and as you can tell by their responses they still need a bit more programming

[KevinM2k]

Hi,

 

Just an update - I did receive phone back, and ebay simply closed the case in there favour with no appeal button (even though they told me it would be there). I have since had the phone properly checked out and found that the board has been short circuited by someone who had changed the screen before I got hold of it.

 

My ebay account is now in arrears not only for the amount of the phone that they refunded but they are also trying to get 10% sellers fees out of me as well even though they are the ones that refunded the buyer!! Unbelievable.

 

I have just sent a letter of complaint to the ireland offices but i doubt i'm going to get anywhere. I will reluctantly pay for the refund to the buyer but no chance am I paying the 10% sellers fee. Am I in the right on this one??

 

Thanks

[wiseajak]

Hello again

 

this is usal practice with ebay im afraid.

fight your corner and refuse to pay anything as the phone is damaged and has been tampered with.

 

im not sure if it will get you far as ebay never listen or accept responsibilty, if it were me i wudnt pay as you are correct and in the right.

 

do what you can to drill it into them that the phone is damaged and doesnt warrant a refund as no shop would take it back if it has been tampered with!

 

if you dont pay within 30 days the suspend your account. but dont let that worry you, fight for what is right!

[KevinM2k]

Hi Wiseajak,

 

I bought the phone in that state, and I sold it in that state (without knowing about the short circuit - thats only since ive received it back and decided to get it checked out).

 

My problem with ebay is that:

 

1. They refunded the buyer when they shouldnt have as I did mention everything I knew about it in the auction including the defect (as much as I knew about it at the time)

2. They want the sellers fee even though I have no longer sold anything.

 

I will repay the refund they gave to the buyer (very reluctantly) but the sellers fee... i really dont see why I should.

[wiseajak]

Hi

My apoligies i misread that.

No i agree you should not have to pay the seller fees. The only thing you can do is complain and isist that you shouldnt have to but alass i doubt that you will get very far as ebay wont listen and isist you pay them. i really hope you win the arguement and dont have to pay.

 

i gave up with my account as no matter what i said to them the refused to listen and now they are emailing me and cant even get my name right.

 

phoning was useless so was emailing so i gave up lol

 

they really need to rethink their policies as they are all buyer orientated and do nothing to protect us sellers from fraud and dishoneslty.

i think it realy unfair that you cant leave negative feedback for buyers even if they are rude and they make the transaction hell. but yet they are alowed to leave negative for sellers.

and well that buyer protection policy isnt worth the webpage its written on.

 

plus i think they should retrain their staff ans lose the templated emails.

 

all the best