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Faulty item, but no returns accepted

What are my rights when I have bought an item on ebay which was listed as in working order and it turns out to be faulty? The seller stated no returns accepted on the listing. I have emailed the seller about the fault and he has replied stating that there's nothing he can do.
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Comments

  • ititiate a not as described case and send it back to him fully tracked. then await your refund (as long as you paid by paypal?)
  • vickypark3
    vickypark3 Posts: 101 Forumite
    it does not matter what they have written in their listing if the item was listed as being in working order and it is not...

    If seller is refusing to resolve you can open a dispute in the resolution centre...

    http://feedback.ebay.co.uk/ws/eBayISAPI.dll?ResolutionCenter

    If the dispute is found in your favour you maybe required to return the item at your expense
  • lou1251
    lou1251 Posts: 61 Forumite
    Thanks for your replies. I had googled and checked the ebay boards for answers, but I wasn't totally sure.

    In my email, I did state that I would return the item for him to check, but he says it worked fine for him, so no. Should I try emailing him again stating that I feel the item is not as described, so therefore can return it. I'd rather sort the problem with the seller rather than open a dispute as he does seem like a nice guy. He does have 100% feedback and has resolved problems in the past with others. I always check seller's feedback before purchasing items.
  • You are best opening a dispute then everything will be handled correctly. You will be asked to send the item back via a tracked method then you will be refunded the total cost you paid, including postage. You will have to pay the return postage out of your own pocket though.
    He might be as nice as pie now but later on when you have sent the item back and he refuses to refund you properly you will be sorry.
    Open a dispute, then you are fully covered
    My daughters are my world
  • hermum
    hermum Posts: 7,123 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    lou1251 wrote: »
    Thanks for your replies. I had googled and checked the ebay boards for answers, but I wasn't totally sure.

    In my email, I did state that I would return the item for him to check, but he says it worked fine for him, so no. Should I try emailing him again stating that I feel the item is not as described, so therefore can return it. I'd rather sort the problem with the seller rather than open a dispute as he does seem like a nice guy. He does have 100% feedback and has resolved problems in the past with others. I always check seller's feedback before purchasing items.

    He doesn't seem like a nice guy to me, he's saying that it worked for him so there's nothing that he can do. Open a not as described you've given him the chance to put it right & he's turned you down. Once you open it don't let him talk you into closing it, until he's sorted it out by giving you a refund. Is he a business or private seller?
  • soolin
    soolin Posts: 74,408 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    lou1251 wrote: »
    Thanks for your replies. I had googled and checked the ebay boards for answers, but I wasn't totally sure.

    In my email, I did state that I would return the item for him to check, but he says it worked fine for him, so no. Should I try emailing him again stating that I feel the item is not as described, so therefore can return it. I'd rather sort the problem with the seller rather than open a dispute as he does seem like a nice guy. He does have 100% feedback and has resolved problems in the past with others. I always check seller's feedback before purchasing items.

    He's already said no and has proved he is trying to play nasty by refusing a refund, so just go straight for a full dispute.
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  • lou1251
    lou1251 Posts: 61 Forumite
    Ok. Thanks for your help, guys. I'll open up a dispute and hopefully it gets sorted. :)
  • RFW
    RFW Posts: 10,426 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    lou1251 wrote: »
    What are my rights when I have bought an item on ebay which was listed as in working order and it turns out to be faulty? The seller stated no returns accepted on the listing. I have emailed the seller about the fault and he has replied stating that there's nothing he can do.
    It doesn't make that much difference under these circumstances but was it auction or fixed price?
    You have more rights when it is fixed price.
    Rights for auctions are slightly different, but if sold as working and it wasn't then you have a case.
    The advice above for going through Paypal is correct, also make sure you send it back tracked as a seller like that will likely claim non receipt.
    .
  • lou1251
    lou1251 Posts: 61 Forumite
    RFW wrote: »
    It doesn't make that much difference under these circumstances but was it auction or fixed price?
    You have more rights when it is fixed price.
    Rights for auctions are slightly different, but if sold as working and it wasn't then you have a case.
    The advice above for going through Paypal is correct, also make sure you send it back tracked as a seller like that will likely claim non receipt.

    It was an auction. He says it worked when it left his house and something has happened here for it not to work.

    I've filed a claim and he has now responded - twice. He's not budging, thinks I'm up to funny business!! :mad:
  • vickypark3
    vickypark3 Posts: 101 Forumite
    lou1251 wrote: »
    It was an auction. He says it worked when it left his house and something has happened here for it not to work.

    I've filed a claim and he has now responded - twice. He's not budging, thinks I'm up to funny business!! :mad:

    If you have opened a paypal dispute, in view of the seller having responded and is not budging, I would escalate to a claim now and let paypal decide the outcome
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