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Dispute problem - advice needed

Hi

I sold a mobile phone on ebay a few weeks ago. The description matched the condition of the phone and i mentioned there was scratches on the case from daily use. I also mentioned i was upgrading my phone as the reason for sale.

There was a longer delay in receiving the item than the buyer expected due to the bank holiday at the end of May and the buyer sent me a number of abusive emails and threats saying i had not sent the item and called me a thief.

I sent the buyer the tracking reference and explained the situation and heard nothing back from him, i then checked the item had been delivered online and thought nothing else of it.

I received an email from Paypal the end of last week notifying me the buyer had made a dispute under 'item not as described'. Paypal have reversed the funds from my account (just over £91) and my account is negative due the funds being in my bank account.

The buyer is requesting a partial refund to cover the costs of replacing the housing on the phone due to scratches (which were described in the auction) and to repair the joystick which he says no longer works but worked fine up until i sent it. The buyer want £45 which i have said i will not pay as the item was as described in the auction.

I am very reluctant to offer the guy a refund as i have very little trust in him.

I have used ebay for three years now and built up over 120 feedback all 100% and have never been in this situation before.

My question is what happens now and where do i stand with the negative amount in Paypal?

Can Paypal just take the money out of my bank account and refund the guy if the dispute goes against me?

I really hope this will not happen as i would be out of pocket and i feel that this guy is trying to get something for nothing!

Has anyone got an advice or been in a similar situation before?

Any help appreciated.

Darren

Comments

  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    Paypal will try to recover the money from you through whatever nasty little methods they care to use. (Debt-collectors, etc.)

    Stop worrying about your buyer. It sounds as though paypal have refunded him in full so he's sitting pretty. You may be able to appeal the refund decision - it's a bit steep that they have just refunded him instead of requiring him to return the item to you. Did you fail to respond to the dispute?
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • dbrooks19
    dbrooks19 Posts: 89 Forumite
    I responded to the dispute the following day upon checking my email and being notified of the situation.

    The funds are in 'temporary hold' awaiting the dispute being resolved as the claim is being investigated. Does this mean the buyer has been refunded then?

    I am not worried about the buyer i just don't want to be out of pocket over the situation.

    Darren
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    Ok, you're not screwed yet then... just make sure you respond to the dispute in the dispute console as fully as you can. I think paypal review the dispute then decide who wins.
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    Another idea would be to offer a partial refund for a lower amount, something that you could stand to lose. Has anyone been in this situation before and tried this tactic? It seems to me it would reflect well on the seller.
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • dbrooks19
    dbrooks19 Posts: 89 Forumite
    Cheers for you help, just a case of waiting to see what happens now!

    Darren
  • dodger65
    dodger65 Posts: 143 Forumite
    Sounds like the guys gonna be nothing but trouble - go through the paypal procedure of buyer sending item back he will have to provide paypal with tracking info once sent and he will also have to shoulder the postage cost for returning the item and then paypal will release your funds.
    You can expect negative feedback but by the sounds of it your gonna get that whatever you do.
    If you then wanna reclaim your ebay fees you can do a mutual buyer and seller agree not to complete sale - if he agress to this.
  • bleugh
    bleugh Posts: 1,796 Forumite
    make sure that ANY payment coming from your bank to paypal is disputed at your bank,
    simply tell them paypal had no permission to remove the funds,

    paypal will then stay negative and they'll have to chase you :-)

    and, please, take a neg on the chin and wear with pride :-), people will no longer see you as a 100% pushover


    as for the guy, you will get problems, simply ask that he return the phone to you, RECORDED delivery, at his own cost

    then, when you get the phone, check the IMEI, etc (if you have your original to hand), and refund him less all the postage costs, etc

    then, add him to ignore, block him as a bidder on your auctions, and be prepared for abuse and hassle till he gets bored :-(
    money saving my @rse.
    I've spent 10x as much as I would if I had never discovered this website :-)
    :: No Links in signatures please - FM ::
  • bleugh wrote:
    as for the guy, you will get problems, simply ask that he return the phone to you, RECORDED delivery, at his own cost

    Wouldn't it be better it sent Special Delivery - just in case it goes missing in the post?
    2025 - finally back comping after a stressful house move - send me fairy dust please
  • bleugh
    bleugh Posts: 1,796 Forumite
    yeah, sorry, special covers him for insured,

    basically i wanted to imply 'MUST BE SENT BY A TRACKABLE METHOD'

    there ya go

    (basically, if he just bungs it in the post, it can go missing, and he looses his money and the phone!)
    money saving my @rse.
    I've spent 10x as much as I would if I had never discovered this website :-)
    :: No Links in signatures please - FM ::
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