Ebay problems as a seller

I sold an amplifier on ebay and as a business seller i offer a 14 days return as i have to. buyer received the amplifier and tested it out with his other hifi seperates and on the 13th day opened a return request saying " just didnt like it" thats fair enough as he is entitle to do so. I also had "postage payed buyer buyer" in the event of a simple change of mind by the buyer as i do no think i should have to cover the cost of return postage in this case. I received the amplifier back and terrible condition and is unfit for resale. The seller seems to have had the money refunded and Ebay are telling me i dont have a leg to stand on regarding me get my money back. I have spent several hours on the phone mainly speaking to people in their manilla call centre. They started off trying to say my appeal wasnt granted because they have no way of knowing the condition of the item when they buyer had the amplifier. I stated that he had clearly returned because he didnt like it so thats proof by the fact he wasnt returning because it was damaged. They said thats not proof enough for them. So i went and emailed the buyer and asking him to state the condition of the amplifier when it left him. He kindly told me it was in excellent condition and fully working. So back to ebay and they still wont listen. so i qouted this from their website "
Policy overview

You must return an item in the same condition as it was received"

This seems to Ebay this doesnt mean a thing, as it now seems the courier caused this damage( which is a courier organised by the buyer). Now Ebay are just saying the courier is at fault and try to get the buyer to contact them to try and get compenastion for damage and pass the funds on to me. As the buyer used collect plus as recommended to him via ebay i suspect there is now coverage for the value of the amplifier which was £920.

Really would appreciate any help on where i would legally stand here

Thanks

Comments

  • mrcol1000
    mrcol1000 Posts: 4,788 Forumite
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    edited 20 March 2017 at 7:59PM
    The problem is that really you have no proof of what condition it was in when the buyer received it. It probably was in the same condition as when you sent it, but you do not know this. It is probably Yodel (who collect and deliver Collect +) who damaged it, as Yodel damages everything because their staff don't have the time to handle things carefully.

    However to get anywhere legally you'd need to prove that the buyer had in decent condition when they sent it. You'd have to prove their negligence in not sending it by a specialist courier as it would be them who would have to pay out as Collect Plus won't pay out anywhere near £900 if anything. Have you contacted the buyer? As they may come to some kind of agreement, especially if you mention possible legal proceedings. Sometimes you just need the threat of it to push them into action.
  • simonjack
    simonjack Posts: 25 Forumite
    Thanks for your reply. I asked the buyer to state the condition of the item when it left him and he did so through ebay messaging saying was in excellent condition and there was no damage when he packed it to send back to me. At this point i dont really want to aggrevate the buyer so he leaves me bad feedback. He is being helpful at the moment by telling me that it was as i sent it when he posted it back
  • Nesty
    Nesty Posts: 492 Forumite
    First Post First Anniversary Combo Breaker
    This is the real problem on Ebay selling very high value goods. It's all ok until there is an issue and as the Seller you are shafted.

    Collect + are a joke you will stand no chance of screwing £900 back out of them.

    Trouble is with ebay the ball is really in the buyers court. If the buyer is not willing to offer any money it will be difficult to claim anything back.
  • simonjack
    simonjack Posts: 25 Forumite
    is the buyer not legally responsible to return an item to me in the condition it was before? if i bought a car for example and changed my mind and took it back for a refund but the bumper was hanging off would they legally still have to refund me?
  • Nesty
    Nesty Posts: 492 Forumite
    First Post First Anniversary Combo Breaker
    simonjack wrote: »
    is the buyer not legally responsible to return an item to me in the condition it was before? if i bought a car for example and changed my mind and took it back for a refund but the bumper was hanging off would they legally still have to refund me?

    Normally yes. If this was retail they are very strict on resaleable condition before they refund you. Though this is Ebay!

    And this is where Ebay completely falls down IMHO.
    They state all these rules etc seller protection etc. However, as a seller there is very little. They often will always take the side of the buyer and to which they have complete control over YOUR money.

    They will decide where your money goes. Kind of a Cartel to a degree!
  • 19lottie82
    19lottie82 Posts: 6,027 Forumite
    First Anniversary Combo Breaker
    If you think you have a good enough case you can always take the buyerto the small claims court, or threaten to.
  • john2054
    john2054 Posts: 202 Forumite
    i'm sorry, but 98% of the time, ebay sides with the buyers in cases like these. It happens time after time again!
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
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    john2054 wrote: »
    i'm sorry, but 98% of the time, ebay sides with the buyers in cases like these. It happens time after time again!

    schools are out everyone
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