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Faulty goods dillema

I made a purchase of a hard drive a couple of months ago, I recently went to install it and found it to be faulty, I have sent the seller an email two days ago which has not been responded to, my dillema is this, I am an experienced ebayer and understand things can go wrong and it's not always easy to respond as quickly to enquiries as you would like to, however this seller although a powerseller has picked up more negs than is healthy in the last month, the negs have a general theme to them in that the seller is unhelpful, does not respond to communications etc and a few have mentioned abusive email responses, do I wait and give the seller a week or so to respond or dive straight in with clawback for fear of the seller being nru'd due to recent poor performance and product?
My experience tells me to be fair and allow reasonable time to respond and offer acceptable resolution, but my instincts are telling me that if I do not act swiftly and the seller gets nru'd I will have little or no chance of redress.
Four guns yet only one trigger prepare for a volley.


Together we can make a difference.
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Comments

  • First of all you could try to get the sellers contact details from eBay and give them a call.
    --><-- Sugar Coated Owl --><--

    If you believe, you will survive - Katie Piper

    Woohoo! I'm normal! Gotta go tell the cat.
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    I like your approach OP... calm, but practical.
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • ben500
    ben500 Posts: 23,192 Forumite
    I'm mindful of the fact that I made the purchase a while ago and am expecting some difficulty with respect to that but that is only understandable, this seller turns over a lot of stuff and I would expect to be concerned about feedback but has accumilated 13 in the last month so I am wondering if its just a bad patch the seller is going through or a nose dive. I've a sneaky feeling I am going to regret not installing the drive sooner but it wasn't practical to do so.
    Four guns yet only one trigger prepare for a volley.


    Together we can make a difference.
  • shellsuit
    shellsuit Posts: 24,749 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    do I wait and give the seller a week or so to respond or dive straight in with clawback for fear of the seller being nru'd due to recent poor performance and product?

    If you mean (clawback) a chargeback, it's too late to do one now.

    To be honest, if you bought it 2 months ago, the seller doesn't have to do anything really unless there was a timed guarantee (eg 6 months) on the auction.
    Tank fly boss walk jam nitty gritty...
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    Regardless of sellers feedback I think you are on thin ice after a couple of months. It is a nightmare scenario though but keep it friendly especially at the start and you might have a better chance of success.

    Its the buyers that start quoting the sale of goods act in their first missive that get me twitchy and suspicious!
  • ben500
    ben500 Posts: 23,192 Forumite
    If you mean (clawback) a chargeback, it's too late to do one now.

    To be honest, if you bought it 2 months ago, the seller doesn't have to do anything really unless there was a timed guarantee (eg 6 months) on the auction.

    I bought a product not fit for the purpose for which it was sold I have no doubts about my rights.
    Four guns yet only one trigger prepare for a volley.


    Together we can make a difference.
  • soolin
    soolin Posts: 75,001 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    ben500 wrote:
    I bought a product not fit for the purpose for which it was sold I have no doubts about my rights.

    You rights from a shop should not be compared with your rights on ebay which is the same as buying through the small ads. After 2 months I honestly don't know what leeway you believe you have against the seller, apart from negative feedback. I suppose there is an outside chance that your credit card may be interested, but even CC companies don't just pay out, they usually require a professional letter saying the item is faulty, and I was quoted £60 for one of those when I was trying to lean on Comet once for a broken video recorded worth £20, so possibly not worth it.

    Soo
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • ben500
    ben500 Posts: 23,192 Forumite
    soolin wrote:
    You rights from a shop should not be compared with your rights on ebay which is the same as buying through the small ads. After 2 months I honestly don't know what leeway you believe you have against the seller, apart from negative feedback. I suppose there is an outside chance that your credit card may be interested, but even CC companies don't just pay out, they usually require a professional letter saying the item is faulty, and I was quoted £60 for one of those when I was trying to lean on Comet once for a broken video recorded worth £20, so possibly not worth it.

    Soo

    I understand where you are coming from the letter would not be a problem and at no cost, I have nothing to lose as I have already lost my money, the item was sold as "New" it does not work, the seller is an established power seller and my rights are sound. The only question that concerns me is the amount of time elapsed since sale and therefore feel I should be reasonable about response time allowed and would under normal circumstances but given the recent spate of bad feedback was concerned by this.
    Four guns yet only one trigger prepare for a volley.


    Together we can make a difference.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    why not contact the hard drive manufaturers ?, the drive will be in warranty and your guaranteed a new one, from a different batch to the sellers - it should cut out the chance of it beein dodgy as well.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • ben500
    ben500 Posts: 23,192 Forumite
    First of all you could try to get the sellers contact details from eBay and give them a call.
    There is a customer service number supplied but this is continuously engaged.
    Four guns yet only one trigger prepare for a volley.


    Together we can make a difference.
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