Ebay Strikes Again

[foxyflugel]

Bought a petrol car off ebay in March for my nephews birthday - long story short - we couldn't get it started - called the co and they suggested different things to try and get it started - no joy - So I called the co and they said if I send it to them they will start it and charge me p & P and for starting the car. What a rip off. Took it to a shop (who sells these cars - found out afterwards!) where the guy there said that it had several manufacturing faults. They won't give me a refund - and good 'ol paypal are saying that if I send the car back I 'might' be eligible for a refund under the Paypal protection insurance - this, incidentally, would be max £105 and the car cost me £143 + £13 fuel - what a rip off - I've had enough of ebay and paypal to last me a lifetime. Any ideas on what I can do?? The terms and conditions have been altered by the co (on their website) to include 'checking' your car for defects before use etc - they say that you can have a refund in 30 days if the item is unused - but we have put petrol in! - and you can have it repaired within 90 days at my cost! for a car that was already faulty.

 

Any suggestions would be greatly appreciated.

[CAGisforME]

How is this Ebay's fault?

 

Or Paypal's?

 

If the item is certified as faulty then your "beef" is with the Seller. No-one else.

 

Trying to break up your OP you have purchased a Car (presumably some sort of toy)

It didn't function as it should.

 

Your seller would only help if you sent it back to them. (Fair enough really - how else are they supposed to help? I'm not sure what you wanted them to do.)

 

You have taken it to another supplier, who state that there is a manufacturing fault with the car.

 

So....Are they a recognised dealer? Can they give you a written report on the vehicle?

 

As you mention the £105 Standard Purchase Protection I can only assume that your seller did not offer full Buyer Protection (£500). I am not sure why people buy from traders without the full protection, but maybe that's just me.

 

Rule of thumb: Never pay more than you can afford to lose through Paypal with no protection.

 

As the car doesn't work, if the listing said it DID it is NOT as described, therefore you can claim through paypal for "Significantly not as described", using the proof that the other supplier should be able to provide you with. However, you will STILL need to return the car to the seller for a refund.

 

 

That's the rule for Paypal. And Ebay.

 

 

What has your seller said to you directly about this situation? Have they offered to resolve it in any way?

 

 

I'm sorry if I sound unsympathetic, I don't mean to. However a lot of people trade on ebay perfectly legitimately and a few bad apples shouldn't cloud everyone's judgement. Paypal and Ebay rules need to be followed, they are there for the customer's protection. However, there is of course still recourse to law if this fails.

 

Please bear in mind that there are timescale deadlines for Paypal claims too, so make sure you don't get your claim in too late.

 

 

Be clear how you want this situation resolved before conversing further with the seller.

 

Good Luck getting it sorted.

[CAGisforME]

This also might help...

 

Try the Community Forums on Ebay for specific help. This may have cropped up before if your seller is a regular one.

 

Lots of useful advice on there.

 

[foxyflugel]

Yes CAGisforme you do sound unsympathetic and I have encountered problems before on ebay and had them resolved ok. It just cheeses me off when you buy something and then they don't want to know afterwards - people buy off ebay because they believe they are covered by the paypal protection when the truth is that very rarely it protects you.

 

I also do not feel that this is the case as your rule of thumb states - as why should you lose £50 when you have paid money in good faith and received a load of garbage.

 

In answer to your questions - the seller says no way for a refund and that to send it back I will have to pay p&p and then for the repair - that is why I have been holding back as I don't see why I should pay for repairs to a car that was, from the outset, faulty.

 

I am awaiting a report from a retailer of the same cars stating his findings, which I will forward to Paypal. It is just the ambiguity of the 'you may be entitled to a refund' that Paypal send you that annoys me. I don't want to send the car back, the company so called 'repair' it and then they turn round to me and say it will cost me £x to get my car back.

 

Will look on ebay forum

 

Cheers

[CAGisforME]

Well, sorry flugel, unsympathetic I may have sounded, but at least I tried to help. (and so far am the only person to do so!)

 

If you, or anyone else on ebay for that matter, thinks that they are covered by paypal protection for all their transactions then they are wrong, I'm afraid. You need, as a user of ebay and paypal, to read the User Agreements to see exactly what you are covered for.

 

That's my opinion. As a very experienced ebayer over a number of years.

 

However, in your particular case:

 

My rule of thunb is just that. I know how paypal and ebay work and therefore don't expect everything to necessarily work in my favour, as their rules are complicated and sometimes obtuse, I admit.

 

What is it you want your seller to do?

 

Refund you without inspecting the goods they sold you first?

 

If you have, in the pipeline, a written report as to the manufacturing faults, you will have a good case with paypal for a refund. Obviously.

 

I wish you luck with it.

 

As for "you may be entitled to a refund" - what do you want it to say? Yes, Buyer, you can immediately get your money back, no matter what is/isn't wrong with your item, or the fact you plain just didn't like it/ it didn't fit etc etc.

 

The reason they say "may" should be obvious. Not EVERYONE who puts in a paypal claim is telling the truth. They need to establish the facts. Hence I recommended getting a written report.

 

You may not think i was trying to help, but I was. I sincerely recommend the ebay forums. They are useful in these situations.

 

I'll unsubscribe now.

[foxyflugel]

Thanx for that CAGisforme.

 

You are quite correct - you are the only one to respond - but the post has only been here since about 5pm and not everyone goes on the site every night!

 

I was not implying that all the sellers on ebay are untrustworthy - I have done business with a lot of sellers and they are great - really helpful.

 

I will send the car back when I get the report and hopefully it will be resolved then.

 

I simply do not trust this seller as they have altered their terms and conditions on their website since I have spoken to them on the phone - and pointed out that they failed to say anyhting about checking the car for faults - which they now do!!

 

Which would make anyone reluctant to trust them.

 

Thanks for your suggestions anyway - most helpful.

[Guest TractorGirl]

Last resort if you want your full money back

 

Send the item back get proof of posting then do a chargeback through your creditcard, they should issue you a full refund then they claim their money back from paypal.

 

Paypal will be cheesed off and send you a "why did you do that ?" email "we here to help" blah blah but what can they do

[Angi]

Hiya

Send it back by recorded delivery, as Paypal will ask for proof of posting, I have just got my money back, after losing out the first time, as I didnt send the item back by recorded delivery, hope that helps

[foxyflugel]

Thanks guys for your postings - very helpful.

 

My credit card company say that I have to take it through Paypal and then if I don't get my money back they may get involved - but- there is always a but - they said that they cannot get me a refund if they have offered to repair it - I think they are just trying it on.

 

I called the consumer helpline and apparently if the item is faulty and I advised them straight away - which I did - then, legally, I have rejected the item and when it is returned I am entitled to a full refund.

 

I sent it back special delivery (£19.95!!) and sent them a letter stating the Sale of Goods Act 1979 (amended) - satisfactory quality, fit for purpose etc etc, requesting my money back plus the p&p for returning it to them - as according to consumer law I should not have to stand to the p&p.

 

We will see what happens with them.

 

Will ring the credit card company tommorow and see about the chargeback matter - they said they could do nothing - but they would wouldn't they!!