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Paypal Dispute

Hi Everyone

I sold a mobile telephone on Ebay last month and listed it as used but in great condition, a buyer purchased the item and then informed me by email that she was from Poland and could I send the item to her, I had the item listed as postage to UK only but stupidly went out of my way and sent the item to Poland after all.

Anyway 2 weeks later and I have received a couple of emails from the buyer stating that the item was not as described as it has a minor scratch near to the USB charging socket, therefore it is not in great condition. In her first email she demanded a refund of £10 to not take the matter any further, basically I thought she was trying it on so i didn't respond, she has now sent a second email saying she will settle for £7but has also filed a dispute with Paypal, who have now put the funds on hold ready to refund her unless I dispute the claim.

I don't know what to do for the best, I have a feeling that she is just trying to get some of the money back that she paid for the phone, as surely you cannot expect a used mobile telephone not to have a tiny scratch where the usb charger plugs into it after 12months of useage, anyway I don't want to refund her for this amount as I feel as though she is a cheat, but I also know that Paypal will end up refunding her, as they have done this in the past on an item that was in perfect condition when I sold it, but the buyer changed their minds and returned it to me saying it was damaged when it clearly wasn't.

I have since closed my Ebay account as I have lost my trust in the buyers.

Any advice would be appreciated
DMP mutual support thread member:327
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Comments

  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    What kind of dispute did she open?

    This isn't really the best time to have closed your ebay account... but PLEASE don't try to close your paypal account... it will seriously hinder your ability to deal with this dispute.
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • mookie
    mookie Posts: 2,655 Forumite
    Why have you closed your account?

    You are getting bullied by this buyer. Tell her that you will happily give a full refund when she returns the phone in the same condition it was sold, you may also want to use the line about checking it has the security markings that you put on it to confirm the phone is the same phone.

    Paypal will tell her to return the phone, for which she is liable for return postage costs, if you sit tight and act like this is no problem to refund on its return you might find she will back off as this will cost her more than the £7 she's asking for.
  • ThinkingOfLinking
    ThinkingOfLinking Posts: 11,828 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    Be careful - I got defrauded on eBay, refused to refund, Paypal did it anyway for no reason, and now are trying to chase me for a debt they've quadrupled, one I will NEVER pay in a million years, and now my credit rating is shot to pieces.

    I'd say go with what Mookie is suggesting...I'm glad I'm no longer on eBay!!
  • cyril82
    cyril82 Posts: 948 Forumite
    You advertised the phone, providing you supplied the exact type of phone the item was as described. If you advertised an Apple iphone and sent a samsung tocco that is not as described. If you advertise it as new and it is used that is not as described.

    to claim an item is not as described because of condition is always a grey area with second hand goods as condition is a matter of opinion, what i consider to be excellent condition may differ to your idea of excellent.

    The problem is you are dealing with paypal, paypal are renowned for siding with the buyer. I once had a buyer claim not as described on a sat nav for not having speed camera alerts, the listing never said it did have, i forwarded the listing to paypal, they still refunded the buyer. They are useless.

    If the buyer is asking for just seven pound in the dispute i would dispute it out of principle but be prepared that it might not go your way. One thing you might be able to try is offer her a part refund if she returns the item through paypal, she would then have to post it back to the uk and provide proof of postage. Just mess her around like she is doing with you, if you make it easy for scammers like her it only encourages them.
  • scouselad1974
    scouselad1974 Posts: 655 Forumite
    Thanks Guys for the replies
    She has opened a Not As Described Dispute
    DMP mutual support thread member:327
  • scouselad1974
    scouselad1974 Posts: 655 Forumite
    I closed my account last month before this dipute arose, due to the fact that I have beed struggling financially and thought it best to close my account to stop me purchasing items , also after the last dispute that I mentioned above I just don't want the hassle of selling on Ebay ever again
    DMP mutual support thread member:327
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    To be honest, all you can do is wait for PP to tell her to return the phone. Put in the dispute that you will refund as soon as the phone is returned in its original condition, and you have verified it's the same phone as the one you sent.

    If you get it back, and assuming it's the same phone, refund, send it to Cex and get on with your life :)
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • pinkshoes
    pinkshoes Posts: 20,608 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just reply to the dispute saying you'll give a refund after the phone is sent back via tracked delivery.

    Chances are the buyer is trying it on, so won't bother with this as it would cost them too much money, as they have to pay for the return postage.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • scouselad1974
    scouselad1974 Posts: 655 Forumite
    pinkshoes wrote: »
    Just reply to the dispute saying you'll give a refund after the phone is sent back via tracked delivery.

    Chances are the buyer is trying it on, so won't bother with this as it would cost them too much money, as they have to pay for the return postage.

    Thanks Everyone, I have taken your advice and replied now its just a waiting game
    DMP mutual support thread member:327
  • marklv
    marklv Posts: 1,768 Forumite
    My advice would be to settle for £7 and move on. Unfortunately you often encounter these parasites on eBay - it's a risk of using eBay and you can do nothing about it. If you fight the dispute you'll probably lose and then receive bad feedback - not worth it for only £7.
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