Ebay troubles advice please

[dellydaisy]

In november i won a silver tiffany bangle and bracelet off the same seller, despite waiting weeks for it to come once they did they were terrible fakes not even silver...

 

Tried paypal but they said they dont judge quality, i contacted the seller who told me to send the items back to this address in china, i refused and was given a uk address I sent the items back via recorded delivery and the seller has admitted recieving them, he just seems to be stalling the refund now giving lots of excuses etc..

 

the latest he was making sure that my dispute from paypal was closed incase i got refunded twice.

 

Anyone got any suggestions as to any key words or course of action..

 

would i be able to take this to the small claims court if necessary?

[itsamomentintime]

paypal dont judge quality??? the items are not as described, start a claim thru paypal and CLEARLY state that the items are not as described in the sale. contact ebay with the same information

[dellydaisy]

paypal dont judge quality??? the items are not as described, start a clim thru paypal and CLEARLY state that the items are not as described in th sale. contact ebay with the same information

 

 

I havent contacted ebay however ive complained lots with paypal they just keep telling me that its my opinion that its not of quality and they closed my dispute within an hour of opening it, with promises my comments would be kept on file.

Ive also lodged a complaint with them which there investigating

 

Im at a loss as to what else to do!!

[itsamomentintime]

right, get tough. paypal only care about paypal.

 

get a jeweller to examine the item - i assume that their conclusion (in writing of course) will confirm your suspicions. this means that you have an independant report.

 

send a copy of the report to paypal, explaining that you are prepared to sue them for the safe return of the money that you have paid for this inferior item.

 

i am willing to bet that they will tell you to get stuffed.

 

sue them. send every letter with recorded delivery, and retain copies for yourself, making sure that you write dates of postage in a diary or something.

 

i would wish you good luck but you dont really need it if you can get the jewellers report. hardcore will never die.

[dellydaisy]

Sorry i cant get the jewellers report i sent the goods back to the buyer...

 

I still have my postal receipts and a confirmation email from the buyer that he recieved them.

[itsamomentintime]

still sue paypal. you can prove that you have returned the item, a person would do this usually in order to get a refund.

 

you have proof that the item has been returned, also you have proof that paypal are trying to wash their hands of the matter. have they even tried to help you? no - not good enough

 

paypal only respond to litigation. let them explain themselves in court.

[Boff]

after reading the relevant article on the moneysaving expert site it would appear that any case you might have would depend heavily on the exact wording of the ad. and whether the item you recieved was 'as described'.

 

read the full article here for more info

eBay Golden Rules: protect yourself and cut the purchase price | MoneySavingExpert.com

[blitz]

still sue paypal. you can prove that you have returned the item, a person would do this usually in order to get a refund.

 

you have proof that the item has been returned, also you have proof that paypal are trying to wash their hands of the matter. have they even tried to help you? no - not good enough

 

paypal only respond to litigation. let them explain themselves in court.

 

When paypal start to actually sell stuff rather then be a middle man, then sue them. Until then please look at them as a middle man (as a payment site as what they are, and ebay as a marketplace for traders and people to meet to buy and sell), look at the argument from both sides. Essentially this type of case would have to be done via the seller, with the item going back to them.

 

This is the thread about paypal, and you all expect paypal to favour in your way. It doesn't work like that, you can't side one way you have to allow time, and a fair argument. Paypal have certain policys in what they will refund for. They can't judge halfway around the world if the item you have purchased is sterling silver, and unless you can prove it too them, without a professional independent statement you can't expect them to believe you.

 

Paypal have done nothing wrong, if they were to just give money back, then I would be worried about being a seller and using them. If you paid via credit card then you can also see about a chargeback.

 

Dan

[seylectric]

Paypal have done nothing wrong??? They are a law unto themselves! they withold your funds without warning, often without any sort of full explanation, then act as judge, jury and executioner with other people's money.

 

Then when you need their help they don't want to know! Regardless of the quality of the goods in this case it is perfectly clear from the OP's opening post that the seller has received the returned goods so there is no reason on earth why the buyer should not now be refunded and Paypal, or the seller, have no excuse whatsoever.

 

The seller currently has the goods AND the money so it is now totally irrelevant that the goods were substandard. That's not right! WHY have Paypal not refunded? There is absolutely no excuse.

 

A very similar thing happened to me last year, I complained about misdescribed goods, Paypal found in my favour and said they would refund when I had returned the item then changed their minds when the seller claimed he had received an empty package back.

 

I asked him if the package was sealed when he signed for it and he said it was. I then pointed out that the price I paid for the weight of the parcel proved that it wasn't an empty package but Paypal still refused to refund me even after I had pointed out that he had since relisted the item, which was one of a kind.

 

If Paypal are purely a middleman then they should not withold funds or decide who is right and who is wrong, it's nothing to do with them, it's a matter for the small claims court. What gives them the right to decide who is entitled to the money? Paypal Payment Protection my ar5e.

[rosiecotton]

As an aside, if the seller is in the UK please report him to his local Trading Standards department who have the responsibility for investigating counterfeit goods under the Trade Marks Act.

 

He may get cautioned or prosecuted and it might stop this happening to somebody else.

[dellydaisy]

Thanks for everyones imput.

 

I realise paypal are the middlemen but its really a waste of time them offering buyers protection when they dont protect buyers or investigate complaints.

 

And to close my complaint within less than an hour means they havent recieved both sides of the story or got all the facts.

 

I didnt buy it on my card either im afraid.

 

Would i be able to take the seller thru the small claims court to get my money back??

[rosiecotton]

Simple answer: yes, if the item is not as described it does not comply with the terms of the Sale of Goods Act so you are entitled to return it and receive a full refund. You can sue him for the refund if he does not send you this.

[dellydaisy]

I was hoping so

 

Thanks for your advice and time

 

I,ll keep you posted.

 

 

Delly x

[blitz]

Simple answer: yes, if the item is not as described it does not comply with the terms of the Sale of Goods Act so you are entitled to return it and receive a full refund. You can sue him for the refund if he does not send you this.

 

I thought as it was an auction, the item is exempt from the SOGA, unless they are a buisiness trading on ebay. However you could still go through small claims and the judge would normally issue it your way

[rosiecotton]

If you buy second hand goods at an auction that you are able to attend in person, it is possible that you can lose your Sale of Goods rights if this is detailed in the terms and conditions and it is reasonable to do this.

 

However, this would not apply to eBay sales, as you are not able to "attend the auction in person".

 

Therefore, normal Sale of Goods rights would apply.

 

The term "as described" applies to both private and trade sellers, so the case can be pursued regardless of whether the seller was in business.

 

Hope this clarifies

[dellydaisy]

Ive had no peply to this seller as yet but i have contacted the trading standards who are very interested.

 

Do i need to give notice to the seller that i intend to start a claim thru the small claims court.?

 

Thanks again for everyones imput.

[itsamomentintime]

let them know that you are going to sue them

 

if you get no reply, sue them. dont really see how you can lose this one

[nevos]

Is this one of those items on ebay like you won for 90 p but the postage was 20 quid?

 

Did you leave the seller negative feed back? This is one way to hurt them for selling junk.

 

Did I read that you are trying to sue the Chinese supplier?

 

Ebay own Pay-pal they bought it some time back I think.

 

I also notice you dont mention or i missed how much you paid for the items?

 

Happy Xmas.

[rosiecotton]

What they cost is irrelevant if they're not as described.

 

And I read it that the supplier was in this country but was trying to get the OP to send the items back to an address in China - presumably the seller's supplier, no great surprise with counterfeit goods.

[nevos]

Hi, thx missed the UK connection.

 

Well, you get what you pay for in this world and there are plenty of Chinese closeing the auction on the first bid because they are making the profit on the postage.You also hear people slating a car they bought as unsafe etc etc then you find they paid £100 for it.

 

Perhaps the original poster could give more details like cost of item description etc?

 

Merry Xmas...

[seylectric]

The only problem with leaving neg feedback is that they might do the same to you, and if you are a regular seller and they just sell occasionally it will hurt you more than it hurts them, especially if they put something like "Buyer negged me after paypal found in my favour" - it makes you look like the villain!

 

If they regularly sell rubbish it still won't affect them too much as they probably won't be around for long anyway. Be careful about using neg feedback as a "weapon", it's unliokely to get you anywhere and you won't be any better off financially for it.

[barracad]

Perhaps the original poster could give more details like cost of item description etc?

 

As pointed out previously, the cost is irrelevant. They were advertised as Tiffany but were fake. It doesn't matter how much they cost, they were not Tiffany as it stated.

[seylectric]

Agreed.

 

Actually, slightly contradicting my last post it really is about time ebay cleaned up their act.

 

Although I mentioned that they might not be around for long, I saw a seller selling nothing but copied software (e.g. Windows XP Professional) for £10 a time. It was obvious it was copied, he even admitted it when he got a neg with replies like "What did you expect for a tenner - the real deal?" yet he had a 5-FIGURE feedback score and must have made a fortune, though he was eventually kicked off ebay.

 

I think ebay have tightened up but it's far from good enough.

[nevos]

Hi and Merry Xmas!

 

It is the " Too Good to Be True Syndrome" The best place to buy fake stuff is Marks & Sparks it appears hehe...

 

Point taken about the neg feedback, I think the feed back system is unreal anyways, I mean you can 50 pos feedbacks for items you paid 99p for then the same user will buy a car for 2K. Sellers can have several accounts so continue ripping folk off.

 

Ebay do need to tighten up your right on the nail there.

[seylectric]

The feedback system is a farce, I've just bought 2 items (mobile phone sim cards) totalling about £12. P&P was free but when I got the invoice the seller added £5.99 insurance per item, so I told him to forget it.

 

He dropped the insurance cost but when I got the sims they were used, pre-registered and loose, not in packs. It didn't state new or used in the listing but I buy thousands of these and would normally expect new and sealed packs for the price paid. I've contacted the seller but he knows he hasn't actually misdescribed the item and couldn't care less. On the same basis I would possibly lose a Paypal claim.

 

This is clearly a con, but if I leave him 2 negs he will no doubt leave me two in retaliation, so you just can't win.