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Ebay buyer wants to return but item exactly as described!

24

Comments

  • soolin
    soolin Posts: 74,460 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I tend to agree with bleugh here, at some point we will all get a neg through no fault of our own. Maybe taking that neg is best in the long run, it sets out to other buyers that you are not going to roll over and play dead just because they have buyers remorse.

    It goes back to an earlier musing of mine about whether all positive feedback mentioning next day delivery and full refunds given etc can backfire on a seller as buyers then believe they are dealing with a sucker?

    Soo
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  • Suprise suprise he left me negative!

    Now the whole debacle gets worse...

    He opened a dispute, I agreed to refund less P&P on receipt which he argues he's sent. I've requested tracking info and no response from him. Now open in a dispute - Paypal yet to make outcome decision.

    Then, he offered me a deal. If I pay him an extra £10 on top of refund he will withdraw feedback (so refund + £10 + no item returned!). I made the mistake of mentioning this blackmail in my feedback on him and now he's threatening legal action unless I pay compensation. I have emailed ebay and asked them to withdraw the rating as they become equally liable if they fail to do so once made aware it and the case is proved in a court of law. No reply yet from ebay - suprise! not.

    I just want to draw a line under this but I don't know what to do for the best. If he does sue me it is a very ambiguous case - can I prove blackmail on evidence of an email asking me for money for silence? I think it could go either way. What would you do?
    Irony.

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  • milliejon
    milliejon Posts: 1,052 Forumite
    OMG - what a bully. I feel so sorry for you.

    Does he have proof that he's posted the item back to you? I don't think that proof of posting is enough. He may have sent an empty envelope to you and would get the same proof of posting from the Post Office.

    I may be naive, but would somebody really take you to court for £30?

    I cannot believe that he's suggesting that you buy your 100% feedback from him!

    Has he suggested what he thinks was different from the description you gave?

    So many questions, so little time!
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  • MyUserNamesTaken
    MyUserNamesTaken Posts: 4,486 Forumite
    If he isn't able to provide paypal with online trackable proof of postage, he doesn't have a leg to stand on. Seriously, don't worry about this. Paypal will find in your favour if he cannot prove he returned the item. What reason has he given Ebay/Paypal for returning the item? I wouldn't worry about him threatening to sue...again, he has no grounds. You've carried out your side of the contract.
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  • larmy16
    larmy16 Posts: 4,324 Forumite
    1,000 Posts Combo Breaker
    Even if, drama of sagas, this fiasco did end up in court, you have, as you say more of this mysterious :) item, so you can prove that it is exactly as described.

    There are some right nutters out there. The whole feedback system on ebay seems to "feed" on blackmail, one way or another. I stopped selling on ebay as I found it too much hassle plus all those damn fees!! I have so much I would like to sell but something stops me pressing that "List your item" button.

    Good luck with this and try not to worry - he sounds a right bully.
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  • withabix
    withabix Posts: 9,508 Forumite
    Post his ebay ID, then we can all contact him or find some reason to raise a complaint against him...
    British Ex-pat in British Columbia!
  • pepperoni_2
    pepperoni_2 Posts: 1,374 Forumite
    iainkirk wrote:
    Post his ebay ID, then we can all contact him or find some reason to raise a complaint against him...

    That's probably not very ethical...just post your ID instead :rolleyes:
  • withabix
    withabix Posts: 9,508 Forumite
    Maybe not, but it would be fun!
    British Ex-pat in British Columbia!
  • hjb123
    hjb123 Posts: 32,002 Forumite
    I wouldnt refund him - if you havent received it then how are you supposed to know whether he has actually sent it back. Tell him you will await the outcome of the paypal dispute and if he still wants to see you in court say you will look forward to meeting him there!!
    Weight Loss - 102lb
  • Thanks for your suggestions guys.

    I would love to post his ID or my ID but on the basis that he has already threatened to sue me I don't think that would be a good idea. I think I'm in the right but it is all subjective and I don't think it would go down too well if he really did sue me that I instigated loads of bother from MSE'ers. Would make me feel better though!

    I guess that I shouldn't have used the term "blackmail" in the feedback really - oh well lesson learnt.

    I have asked ebay to remove the feedback, and as I can prove that I drew it to their attention it seems that they are also liable if a court rules it as defamation. Don't know that it would help me though!

    The irony of all this is that my husband is a lawyer and really should be giving me advice on this but I daren't even tell him about it because he's told me not to use ebay anymore after we had some cases of fraud commited against us. The draw of ebay is too great for me though!!!
    Irony.

    The opposite of wrinkly.
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