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Not sure whether to open dispute, leave neg or just forget the whole thing

I bought a set of 6 cappuccino cups and 6 latte glasses from a seller with excellent feedback.

One cup arrived broken so I emailed the seller immediately (28April) to ask if I could have it replaced - I attached a photo of the broken cup.

He replied on the 29th to say I could have a refund on the one cup. I replied the same day saying that I would rather have a replacement as a set of 5 cups is no good to me.

He didn't respond and I emailed again on the 1st of May. He replied that I would get a replacement sometime in the next 10 days.

It's now the 12th and I have received nothing. I have emailed again and am waiting for a response.

If I don't get the replacement should I open a dispute? Or just leave a neg and forget about it?

I don't want to send the other cups/glasses back for a full refund as it's a heavy box and will be expensive (and besides I am happy with them, I just want a full set)

Thanks for any advice

Comments

  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    I would try phoning him.

    If you open a dispute, chances are you'll be expected to return the rest, and if you don't want to do that, it's a waste of a dispute. Worst case scenario... once you've given up on help from the seller... leave carefully considered feedback...

    Remember you have 45 days max to open a dispute.
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • Maysie
    Maysie Posts: 2,379 Forumite
    i reckon he is dragging it out so its passed the 45 days. If you emailed on the 28th april what day did you pay? in the next 10 days sounds random unless its coming from abroad? What is the sellers feedback like?

    I would open a dispute to get things on file and in motion. As soon as replacement arrives you can easily close the dispute.
  • thePS3man
    thePS3man Posts: 55 Forumite
    maybe the seller dosnt have another cup to send you? it dosnt excuse the non-communication but it would be nice for them to at least tell you
  • cyril82
    cyril82 Posts: 948 Forumite
    i think i see what's happening here. The cups were part of a set, one got broken in transit, not really the sellers fault, not your's either.

    The seller offers you a part refund you decline, seller now only really has one option, break into another set to replace it, which loses him more money. Hence his reluctance to send it.

    overall though since (i presume) he is a business he should be communicating better, ignoring customers is terrible business practise, and ultimately he should replace the cup.

    If he keeps ignoring you then he deserves a negative on the basis of poor service and communication, that might prompt him to contact you in which case offer to revise the fedback if he addresses his bad service and replaces the cup.

    Otherwise chalk it down to experience and don't buy off him again.
  • cassie55
    cassie55 Posts: 119 Forumite
    Thanks everyone.

    I think cyril82 has hit the nail on the head as he has plenty more sets of 6, 12 and 24 available for sale but does not sell them individually.

    His positive feedback is 99.8% so I think he's a reliable seller.

    He has responded to my last email stating that I should have received the replacement and he'll look into it and let me know.

    I'll give him a couple more days, chase him once more if necessary and then neg him and forget the whole thing (and only invite 4 friends round for coffee at a time :rolleyes:)
  • mikey72
    mikey72 Posts: 14,680 Forumite
    Maybe not the sellers fault, but it's the sellers responsibility. Easiest solution for the seller would have been to agree to return the broken cup, send a replacement, and (if the seller has packed it properly), let him pursue a claim for his complete set with the broken cup in it.
  • motorguy
    motorguy Posts: 22,620 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    cyril82 wrote: »

    If he keeps ignoring you then he deserves a negative on the basis of poor service and communication, that might prompt him to contact you in which case offer to revise the fedback if he addresses his bad service and replaces the cup.

    Surely thats akin to feedback blackmail Cyril, something i know you have strong feelings about.... :rolleyes:
  • cyril82
    cyril82 Posts: 948 Forumite
    pgilc1 wrote: »
    Surely thats akin to feedback blackmail Cyril, something i know you have strong feelings about.... :rolleyes:

    It isn't feedback blackmail at all, here's why.

    Example 1- the feedback blackmail scam

    Buyer sees listing where buyer is making a minor ebay policy breach in his listing, it doesn't affect them but they see an opportunity, so........

    They buy an item off the seller pay for it and wait for delivery, then, when it arrives they contact the seller and say, " you're committing a policy breach, give me half my money back and let me keep the item or i will neg you and report all your listings to ebay".

    This is a scam aimed solely at ripping the seller off for personal gain.

    Example 2 - Feedback revision

    Buyer buys a set of cups, upon delivery one cup is broken, buyer reports broken item, is promised replacement, replacement does not arrive and seller starts ignoring the buyer. Buyer waits a reasonable amount of time but no replacement arrives and no response is received to emails.

    Buyer has had a bad buying experience and leaves a justified negative based on poor customer service.

    Seller gets upset at neg and suddenly starts communicating, buyer offers compromise, rectify your mistake and i will revise my feedback to reflect your (eventual) good service.

    Buyer is not benefiting from the feedback revision, all they are getting in return is what they should have got in the first place.


    SPOT THE DIFFERENCE!!
  • mikey72
    mikey72 Posts: 14,680 Forumite
    And the service has still been poor, so the negative stands, as the buyer has had a replacement solely based on the buyer agreeing to change feedback. Maybe it's blackmail from the seller then.
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