E Bay problem - missed deadline for refund.

baby_rowe

Hi there. I have a problem and am hoping for some advice .... in July I bought a baby monitor on ebay for my baby which was due mid august. Obviously when planning for a baby coming you buy things like this in advance. The monitor has a movement sensor pad to place under the matress which sounds when no movement is detected. Obviously the only way you can test this is by touching the sensor pad etc too check that the alarm works. The business seller told me it was ex-display and brand new.
My baby wasn't born until end of august and after using the monitor for a week, a fault occured. The sensor alarm keeps going off for no reason. Baby movement etc but alarm sounding which is obviously quite stressful and makes me panic so I can't use it now.
After checking consumer rights pages on this site I know I am entitled to a refund or replacement as the item is ... a) not fit for purpose, b) has not lasted a reasonable amount of time, c) was purchased within 6 months, d) seller is a business seller.
She has basically responded to my initial e-mail saying tough sh** you've passed the returns deadline of 45 days. E Bay have pretty much said the same thing. When I have e-mailed her back quoting the consumer rights / Sale of Goods Act stuff, she's just ignoring me.
I don't know what to do as I now have a baby monitor that doesn't work and as far as I understand, I am legally entitled to a refund.
Please help!!!!!!!!!!

macfly

Small claims court is the only way to do this fairly cheaply.

lindseykim13

Ebay's a little harder to get consumer rights on than a shop i suspect. Those sort of rights are hard to get off a bigger company let alone an ebay seller. From their point of view they probably bought wholesale and can't do much about getting their money back so that is why they are trying to palm you off. (not fair i know)
Have you tried contacting the manufactuer of the monitor? They may be prepared to take a look at it, but i might be right in thinking you need a reciept for any sort of guarantee and i'm not sure ebay counts.
I guess when it comes to something like this it would be seen to be a second hand item so as far as rights go i would agree your only bet is small claims.

Maysie

Have you tried going directly to the manufacturer? If its a good brand they should be of more help.

floralaura

Hi have one of these too (the angel sounds one)..have you tried adjusting the sensitivity of the pad? It may be set wrong and if your Baby is tiny it may not be sensitive enough to pick them up..maybe try adjusting it and make it more sensitive and see if that works? x

Crowqueen

You can enforce your consumer rights through the small claims court, but it will cost you to do this so explore other options first.

eddddy

Hi baby rowe

Did you pay by visa credit or debit card by any chance (through paypal or otherwise)? I assume the monitor cost less than £100.

If so, my understanding is that you can initiate a Visa chargeback upto 120 days after the transaction. There is information on the MSE site about this - but I can't post links. (Do a search of the main site for "visa chargeback" - it should be the top result. Then scroll way down to the section headed "Is there any help for debit card payments?") PLus lots of other info if you google "visa chargeback" or "visa dispute".

There is even a link on the MSE page with a template letter to your bank to action this.

A similar thing happened to me on ebay. The seller kept apologising and promising me a refund in emails and phone calls so I did not raise a dispute, but the refund did not materialise and the 45 day limit passed (perhaps that was his plan all along).

In my case, the threat of a Visa chargeback got me the refund. (I explained that paypal do not like Visa chargebacks, because it causes them lots of admin, and they may treat it as a black mark against his account.) So I never had to use the chargeback process, so I can't comment on how well it works.

My only gripe was that he could not do a paypal refund against the original transaction, because the 45 days had passed. So he made a stand-alone payment to my paypal account - and paypal deducted their standard charges (which they would not do if it was a "proper" refund). So I still ended up slightly out of pocket.


I hope this helps

soolin

eddddy wrote: »

Hi baby rowe

Did you pay by visa credit or debit card by any chance (through paypal or otherwise)? I assume the monitor cost less than £100.

If so, my understanding is that you can initiate a Visa chargeback upto 120 days after the transaction. There is information on the MSE site about this - but I can't post links. (Do a search of the main site for "visa chargeback" - it should be the top result. Then scroll way down to the section headed "Is there any help for debit card payments?") PLus lots of other info if you google "visa chargeback" or "visa dispute".

There is even a link on the MSE page with a template letter to your bank to action this.

A similar thing happened to me on ebay. The seller kept apologising and promising me a refund in emails and phone calls so I did not raise a dispute, but the refund did not materialise and the 45 day limit passed (perhaps that was his plan all along).

In my case, the threat of a Visa chargeback got me the refund. (I explained that paypal do not like Visa chargebacks, because it causes them lots of admin, and they may treat it as a black mark against his account.) So I never had to use the chargeback process, so I can't comment on how well it works.

Actually paypal treat it as a black mark against the person initiating the chargeback and will very often close the buyers account.

Also, this is not at all straightforward as not many cards cover chargebacks for faulty items, mainly only for items not received.

macfly

Crowqueen wrote: »

You can enforce your consumer rights through the small claims court, but it will cost you to do this so explore other options first.

Like what?

MCGONIS

Hello. I am having a similar problem. I ordered an item from a website and they supplied me with a counterfeit item. PayPal wanted proof that it was fake. Fred Perry took longer than ten days to confirm it was fake and I missed the PayPal deadline.

I asked Clydesdale/Yorkshire Bank Mastercard to initiate a chargeback and the bank official said the item is not described as "authentic or genuine" on the website so what you got is what they offered for sale. I said that to offer anything for sale in the UK that is anything but "authetic or genuine" is a criminal offence. Then he went on about GHD hair things which I couldn't understand what he said and said no chargeback was possible as Mastercard define the categories of when they can involke them.

Im now don't know what to do. I have sent an email to Mastercard which seems to be in the USA to ask. It seems chargeback with VISA is easier. If this is the case, I will not use a Mastercard again.