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Item arrived broken - advice please

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Comments

  • pinkgem
    pinkgem Posts: 3,299 Forumite
    (WE will generally require ok yes), sorry no not in 5five times in my case and a few other power sellers i knew through ebay also, paypall forced the seller to give a full refund including the original postage paid by the buyer in my case as the seller they said i had to pay for the return of the item not the buyer, if i had not the buyer was not going to send it back unless i paid , I think many take paypall and there clever wording as gospel far from it, as i have also stated if you as a seller do not wish to give a refund and remove money from your paypall account there is nothing paypall can do, the full protection is rubbish if you the seller refuse they freeze your account pointless if there is nothing in it and send an automated email to the buyer saying sorry we were unable to retrieve funds from the seller rest assure we will attempt to , you never here from paypall again ,unless, again an automated email i have done it to 1 of my buyers as i have said before and i have had it done to me for £495 never got 1 penny back ,
    i on;y buy on ebay now and for expensive items i collect, no longer sell as paypall is ???? and i get more money for my items from the high street auction house, as after you have paid increased sellers fee final fees and paypall fees its fine if your selling ild tat etc but expensive for the seller if he is selling dear items.

    good sellers may choose to pay the return postage cost if they are at fault. but if it has gone to a paypal dispute then it is unlikely that the seller is going to volunteer to pay return postage costs.

    paypal do not require and cannot force a seller to pay return postage costs. buyers receive a refund of the original payment made which includes the item cost and original postage only.
  • 3plus1
    3plus1 Posts: 821 Forumite
    It seems a waste of time and money sending back an item that is broken, i.e. cannot be resold to anyone else! :confused:

    Does anyone have a link where it says you can file a Paypal dispute after 7 days?
  • you said originally the buyer pays for the return ,are you now saying as a good will gesture only?? and as long as it has not gone to dispute the buyer will pay??.
    I remember watch dog did an investigation of paypall and found the seller hardly ever wins in many cases, it is a total mine field one im glad to be out of as a seller.ebay is paradise for the buyer which is what i am now and have never had an argument with a seller but i do think it is a mine field how a seller cant neg a buyer is beyond me in 2008 im afraid the customer is not always right and to behonest has he ever been.
  • pinkgem
    pinkgem Posts: 3,299 Forumite
    you said originally the buyer pays for the return ,are you now saying as a good will gesture only?? and as long as it has not gone to dispute the buyer will pay??.
    I remember watch dog did an investigation of paypall and found the seller hardly ever wins in many cases, it is a total mine field one im glad to be out of as a seller.ebay is paradise for the buyer which is what i am now and have never had an argument with a seller but i do think it is a mine field how a seller cant neg a buyer is beyond me in 2008 im afraid the customer is not always right and to behonest has he ever been.

    i said the buyer will have to pay to return an item not as described that has gone to a paypal dispute and that is according to paypals t&cs.

    sometimes when a buyer says an item is not as described a good seller will refund the return postage costs, this is usually when there is no paypal dispute.

    i just won a paypal dispute as a seller for not as described item yesterday :)
  • pinkgem
    pinkgem Posts: 3,299 Forumite
    3plus1 wrote: »
    It seems a waste of time and money sending back an item that is broken, i.e. cannot be resold to anyone else! :confused:

    Does anyone have a link where it says you can file a Paypal dispute after 7 days?

    yes you are correct it does seem a waste of money if it is broken and no good to the buyer or seller or anyone else. but unless your seller changes her mind the only way you will get any money back is by returning the item.

    sorry can't help re the second part of your query
  • 3plus1
    3plus1 Posts: 821 Forumite
    To be on the safe side, I've waited until today (exactly 10 days later!) and I've filed a dispute. I stated the facts once again in my message to the seller and now I'm not sure what to do. It's pretty obvious that the seller and I have already discussed the issue and got nowhere, but I'm wondering if I need to give her time to exchange a few messages via the dispute console on PayPal before escalating to a claim?

    I guess I'm just trying to do things as much by the book as possible so that I've got a greater chance of PayPal siding with me.

    I've not left feedback yet either - apparently I have 60 days to do that, so I was hoping to go through the PayPal dispute first. I do feel a little guilty though for not immediately warning bidders on any other items she puts up for sale in the meanwhile...

    Feel quite nervous about it all... Silly, I know...
  • pinkgem
    pinkgem Posts: 3,299 Forumite
    if you have already discussed it with the seller and they refuse to do anything then just escalate it to a claim now
  • 3plus1
    3plus1 Posts: 821 Forumite
    The buyer has written in the PayPal dispute centre that I have either broken the item myself or bought her item to replace an identical item I broke myself.

    She has again brought her young daughter into this. I fail to see how it is relevant to my claim. :rolleyes: How does she know I don't have a young daughter? As it is, my job is currently under threat (I haven't mentioned this to her/PayPal because it's got nowt to do with anything), so my financial situation may even be worse than hers!

    She also says she is going through the Royal Mail to reclaim the costs and that I'm unreasonable for not waiting - surely if I had broken the item myself as she implied further up in her response, her claiming off the Royal Mail would be fraud? I think the whole thing is very contradictory.

    At the same time of her writing her comment, the dispute was escalated to a claim. It says that the buyer has done this, but it wasn't me? Anyway, doesn't matter. I was going to escalate it to a claim anyway, having given her a chance to write her comments.

    Paypal say they will contact me before the 9th of November if they want any further info from me.

    Am feeling less confident now she's started throwing lies about...
  • grannybiker
    grannybiker Posts: 12,128 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    (DOH, typed this at the end of page 1 without realising there was more!)

    Ultimately seller has responsibility to get item to you undamaged. Best way to do this is to package it adequately and post with appropriate cover. Your seller did neither. It's down to them to bear any loss. Don't enter into protracted arguements about claiming from Royal Mail- that's their problem, not yours!
    You need to open a Paypal dispute and provide photos of the damage as evidence. Have you kept the packaging to photogtrah with it as this can help your claim? Your case sounds quite straightforward (famous last words!) so you should get a refund of the item cost and P&P you paid the buyer quite easily.
    Hope that helps.
    (Not sure what happens if they ask you to return the broken item tho' as not sure you're allowed to post broken pottery.)

    You need to point out theses inconsistencies / lies in your response to the dispute. This should help.
    Worse things will have happened in the world today...
    "The only thing that really matters, it to love and to be loved."
  • 3plus1
    3plus1 Posts: 821 Forumite
    (DOH, typed this at the end of page 1 without realising there was more!)

    Don't worry, it's easy enough to do!
    Ultimately seller has responsibility to get item to you undamaged. Best way to do this is to package it adequately and post with appropriate cover. Your seller did neither. It's down to them to bear any loss. Don't enter into protracted arguements about claiming from Royal Mail- that's their problem, not yours!

    That's the opposite of what she's saying. Before she escalated the dispute to a claim, she sent me a whingey email to my PayPal email address.
    You need to open a Paypal dispute and provide photos of the damage as evidence. Have you kept the packaging to photogtrah with it as this can help your claim?

    I've kept the box she put the item in (doesn't match) and the padding she put inside. (I'm not disputing she padded it - she just didn't pad it enough.)
    Your case sounds quite straightforward (famous last words!) so you should get a refund of the item cost and P&P you paid the buyer quite easily.

    I hope so, but I'm not really confident. In the email she sent me, she accused me of breaking the teapot myself and also said something along the lines of, 'so, if that's how you want to play it...' :( She's said the same thing to PayPal (about me lying, not about her playing hardball).
    (Not sure what happens if they ask you to return the broken item tho' as not sure you're allowed to post broken pottery.)

    I don't know what PayPal's own rules are, but I checked the RM website at work and you can send sharp (=broken?) items as long as you pad them well enough.
    You need to point out theses inconsistencies / lies in your response to the dispute. This should help.

    She accused me of lying (in the email but also in the PayPal dispute centre message) and then said I was being unreasonable by not waiting for her to process a RM claim. If she genuinely thought I was lying (she blatantly does not and is trying it on) then claiming for an item being damaged in the post would be fraud, surely?
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