eBay refunded international buyer claiming phone did not arrive - now Various DCA's Chasing

[sprouting]

Hi,

It's been a while since I logged on to this so I'm not sure if I'm posting this in the right place. 

Last November (22), I sold an I phone XR on eBay (my phone that I had and looked after for five whole years).  I'm no mega seller on there but I'm no stranger to it, selling odds and ends I no longer want.  

It sold for £202 and I sent it off.

Three weeks later a dispute had been opened by the buyer saying the item was not as described, which I was astonished about. I asked to see photo evidence of what she was talking about and she sent two photos, just of THE BOX, not the actually phone or accessories, the box looked in perfect condition, just as I had sent it though. 

I asked again for clarification and evidence to substantiate her claim, but never heard a word back.  I had a hell of a time trying to deal with eBay as there is no easy way to raise a complaint or even get a straight answer, practically everything is automated.  They asked me if I would be willing to give her a refund, and I said no. That should have been the end of it, as far as I  was concerned.

I had sent the phone internationally although my listing did say UK Only, the listing was also marked No Returns, and the shipping was insured to it's full value.

It then transpired that eBay had refunded her on my behalf, let her keep the phone and then expected to recover the refund money from me.  I was incandescent.  I had the phone blacklisted and deleted all of my bank details and cards etc from eBay, whilst trying to get through to someone who would listen. 

I asked if they had received my complaints and they said yes but they don't do complaints so "you won't get an answer".  There was no official route for a complaint either so every time I had been contacting them about this it had been through a feedback form or anywhere with a text box, they were most unhelpful over the phone.

My account was restricted and then blocked, then I had an email from DRS saying they had been enlisted to recover the debt on eBay's behalf.  I spoke to them and told them where to go but I'm still getting emails and texts.

Am I right in thinking that as I have complained to eBay but not have an official response that the cannot pursue me for anything, until that happens? I only became aware after this that eBay will side with the buyer no matter what, and I agreed to these terms when I signed up.  In 16 years with eBay I have never had anything like this happen, and I can't believe it.

I decided to write once more, by post to their head office and rand to ask if they would allow me back into my account to retrieve all for the details for the issue, dates and so on. They said no, they wouldn't do that,

then I submitted a SAR which should give me the relevant information I need to pursue this.  On 31st March I got an email from them to say my SAR was ready and a code would be posted to me in order to open the document, I should have it within 5 days.

I moved house three years ago rang them to double check they had the right address on file and they wouldn't give me the address, but she asked me where I lived and then confirmed that that was the address they have. 

She was lying, because, 12 days later, I have still not received any code.  And she said she didn't have any record of an email about an SAR and told me not to open it.  Their departments clearly don't communicate. 

On closer inspection, I've noticed that the DRS people have got my old address too (although I did give them my correct address when I spoke to them on the phone). The SAR will expire at the end of the month, eBay chat is unavailable, please try later...., I'm trying to use chat now so I can have a transcript of what has been said.

I have been in touch with the Ombudsmen, who as I suspected, don't regulate eBay but they suggested another ADR but I'm not sure ow to go about this.

This has been rather long winded, I'm sorry, but if anyone has any advice about where I stand in regards to the debt collectors pursuing me when the original complaint has no been concluded, I would be extremely grateful. 

I have just come out of a DRO and do not want to end up with a CCJ for this over £200,  and I know I am in the right, morally if nothing else. I do not want to back down.

Thanks

 

 

[dx100uk]

ignore stuff and all anyone can do to you.

and stop using the ruddy phone!!

 

 

dx

 

[sprouting]

Thanks. But aren’t they able to get a CCJ against me if I don’t respond/pay?

[dx100uk]

Who?

 

dx

 

[PIXeL_92]

You say that it was sent internationally.

Did you send direct to the buyer or use eBay's GSP service where you send to a UK hub and they forward it on.

You may actually have some cover if you sent it to their hub as you could argue the "issue" (although I suspect this is just a common eBay scammer,) occurred in transit from GSP Hub to the buyer

and at that point it would be eBay that would of had to refund the buyer and if the buyer was stating the box was empty eBay will actually have details of the parcel ie the weight.

[sprouting]

Unfortunately I sent it directly to them. 

I have been chasing the SAR from eBay which they are happy to do, but it will not contain any information regarding the issue. 

I don't know what to do next. 

I can't believe that even though the listing said 'no returns' on it, they have the cheek to ignore all of this.

[dx100uk]

On 12/04/2023 at 20:21, dx100uk said:

ignore stuff and all anyone can do to you.

and stop using the ruddy phone!!

dx

 

 

[sprouting]

Hi,t

I'm not sure if I'm posting in the right subsection but General Retail appears to be the closest to it I think...

About a year and a half ago I got a new phone so I listed my iPhone 10 on eBay. The listed stated 'UK only' and 'no returns accepted'.

Considering I had had the phone for about 4 years, I myself was amazed that I had kept it in such good condition all that time - apart from being slightly scuffed around the charging port there was absolutely nothing wrong with it. It had the original box, its unopened original Apple cable, plug, and earbuds, and I threw in a case for it and It had always had a screen protector on it.

Someone wanted it from Armenia, and I stupidly agreed to it.  She paid and I sent it off, fully insured. Not long after she received it, she sent a message saying it 'was not as described', so I asked to see photos of whatever was the problem. 

She sent two photographs of the box.  Just the box.  I said I wasn't even going to consider refunding her unless she told me what she meant by 'not as described'.  I thought, if it's been damaged in transit, then it would be covered by the insurance.

she didn't respond at all, even though I had messaged her several times, so she opened a case with eBay.

I have sold a fair few things of mine on eBay in the past buy had never had had anyone come back to me asking for a refund.  I got in touch with eBay several times by phone and by email, and found out they always side with the buyer, no matter what with their 'eBay Seller Guarantee'. 

She had been told she could keep the phone and told me they would recover the money from me from my account blah blah. 

I unlinked all of my cards etc and changed my bank account to one that I never use with no money in it. My account got suspended.  I continued to try to explain to eBay that I had been scammed but I got nowhere. My account was permanently inaccessible by this point. I reported the phone stolen and the IMEI blacklisted but I'm not sure if that would make any difference being in Armenia, but it was all I could think of to piss the buyer off.

A couple of months later I was contacted by email by a debt recovery company (I can' remember who now), to whom I explained I will not discuss the matter with them until I had received an SAR I had requested from eBay. As I could no longer access my account, I couldn't review the communication I needed to show I was not in the wrong.

The SAR was produced but I was advised that the information I was looking for would not be included but I said I wanted it anyway.  There were so many codes etc. and hoops to jump through to access it, that even after trying whilst on the phone to them, I still couldn't get into it, so I never got to see it in the end.  I think they said they would send the code by post but they never did and I forgot about it after a while.

I've just come across a couple of emails from Moorcroft, asking me to phone them to discuss a private matter regarding eBay.  I haven't replied or done anything at all yet.  The amount they are trying to recover from me is £200ish from what I remember.

I know it's not that much but I don't want to pay them on general principle. I've had a lot of useful advice from CAG in the past about debt collectors but it has always been about being chased by creditors, I've never been in this situation before.

I don't know what power they legally have to recover the 'debt', and most importantly,

I am two years into a DRO, and the last thing I want is another CCJ to shake off if I'm cutting my nose off to spite my face.  

Any advice gratefully received!!

[dx100uk]

old and new threads merged.

a DCA is NOT A BAILIFF

and have 

ZERO legal powers on ANY debt , no matter WHAT it's type.

dx

 

[sprouting]

Sorry, I didn’t realise I’d already posted on this. 

Thanks for your responses. 

I sent it directly to the buyer, unfortunately. 
 

dx100 uk - I’m not sure I understand, are you saying that if I just ignore it, it will go away without any ramifications?

[dx100uk]

On 12/04/2023 at 20:21, dx100uk said:

ignore stuff and all anyone can do to you.

dx

told you that over a year ago.

dx