Someone's just ripped me off on Ebay...can you help?

Salad_2

Hello guys.

I've just been ripped off. I bought a piece of secondhand electronics equipment 2 days ago. I started using it yesterday, and found out it has a serious fault. One of the knobs used to control just about every function doesn't work properly and it's painfully difficult to use the device.

I messaged the seller asking for a refund and he has said

" i was obviously completely unaware of that, as you know the unit was sold to you in the same condition i bought it six months ago.
the unit was sold as seen - there was no return policy stated on the page. if the item has a fault but is not faulty per se then that's par for the course as far as i'm concerned. if you want to pursue this further i'm sure ebay provide a service for this. i'd be happy to refund if i were to be proven wrong on this, but for now i can't accept a return on a sold as seen item. sorry."

The seller did not state in the advert that the item was 'sold as seen' and as far as I'm concerned I should be entitled to a refund if it's proved to have a fault within a couple of days.

He's splitting hairs about 'having a fault' and 'being faulty per se', but it is a serious problem not a minor fault.

Obviously, I want to pursue this as far as I can and get my money back. Do you know where I stand under Ebay policies and consumer law? What's my best move now?

Thanks for your help.

J

gizmoleeds

How did you pay?

Salad_2

Picked it up and paid cash

Something else that might be relevant - he stated that the item was from a shop and was reconditioned. So surely he can't claim that the fault is okay. I don't have that in writing unfortunately.

gizmoleeds

Damn. I can see by the emoticon you know that isn't good.

However, if you are correct and the words "sold as seen" were not included in the then the product as least work - that is a legal requirement. The product must be "as described" and it is reasonable to assume, unless told otherwise that the product works.

Unfortunately, how you would get your money back I don't really know. You could try here for some advice:

http://www.consumerdirect.gov.uk/your-rights/fs_c04.shtml, until some more helpful MSE-ers come along

wigginsmum

I don't think there's anything you can do, unfortunately - he could even deny he sold it to you or say he never received the cash or whatever.

Jules

Bargainbabe_2

Sorry to hear of your troubles. Unfortunately there's not a lot that can be done as you have bought from a private seller.

With private sellers it’s ‘buyer beware’. Buy second hand goods from private sellers and you’ve only a right that the product is correctly described and the owner has the right to sell it. Here it’s caveat emptor or let the buyer beware. If the buyer says nothing and no description and you buy it – then that’s it – even if it doesn’t do what you thought it may – you were not missold

Salad_2

Damn. Do you think that I could use the Item Not Received or Significantly Not as Described Process http://pages.ebay.co.uk/help/tp/inr-snad-process.html and make a claim for £120 under the purchase protection programme, or is this wishful thinking?

wigginsmum

It's worth a try - the worst that can happen is they say No.

Jules

sexy_fufu

Salad.....

How much was the item for.

If you keep all your paperwork you can taKE HIM to the small claims court it costs about £20 thou.

gizmoleeds

sexy_fufu wrote:

...you can taKE HIM to the small claims court it costs about £20 thou.

Just add the court fees to the claim.

Poppy9

Have you left negative feedback to warn other buyers?