Item arrived damaged - what to do?

mobile48

The strong point of the ebay resolution centre buyer and seller have to talk to work it out.

Things look okay. The seller may refund before escalation.

Some random ideas. I have not and would not use any. You or someone will come up with better.

No Hassle? Ask for full refund and wait it out.

Friendly? Ask if they will refund if you send photos of damage.

Hedging? Quick result wanted as pet homeless?

Hard-ball? Leave neg. Ask to sort it out buyer to seller. Revise Neg if happy.

dawyldthing

Its utter tosh and he is trying it on. Put in a claim with paypal and they will sort it out. How much was the item as if it was £20 then i would take the £14 as its going to cost you again (signed for) to send it back as i don't think you can claim the return postage back

Barcode wrote: »

Does this sound like the seller trying it on, or am I imagining things?

"hi i have just spoken to ebay, and i still hope this can be resolved prior
to a claim as you have ignored the item description for recieving these
goods, i feel ebay would agree we havent done anything wrong, we have tried
to help, even though you didnt follow protocol. i am still willing to offer
£13.99 as a refund rather than none."

mobile48

Information:

http://pages.ebay.co.uk/help/policies/feedback-extortion.html

This gives examples of what can and cannot be done in this area by buyers and sellers.

Crowqueen

dawyldthing wrote: »

Its utter tosh and he is trying it on. Put in a claim with paypal and they will sort it out. How much was the item as if it was £20 then i would take the £14 as its going to cost you again (signed for) to send it back as i don't think you can claim the return postage back

It was about £44 so for their mistake £14 is just ridiculous, particularly when you are giving in to someone with patently illegal terms, who is behaving badly and would probably feel it was worth doing this again if there was a problem with someone else.

Making sure they get the message now I feel is important.

Barcode

Ebay decided it was not feedback extortion. I think the seller is treading a fine line. The update today is:

"hi i dont think your ignorant at all i was as clearly shown as possible, explaining if a partial refund is given due to the fact that you didnt follow our postage procedure i would hope you would leave positie feedback as we have helped you as much as possible then i dont see an end to our problem. i will await your further comments and also await ebey to look at the emails sent in both directions i have done my upmost to help you, even having you fail our instructions for postage procedures which you clearley state in your first email, i will now having spent so much time on this await a claim and no further response will be given unless requeste by ebay."

I do not know how one can "fail instructions for postage procedures" as all I did was sign for the thing. I am now curious as to whether they even used a courier as the item arrived on a sunday, and the van was unmarked. I will be waiting to escalate this when Ebay allows, and the return postage should be around 5-8 pounds. As, all being well, I should be refunded 48.99 (43.99 plus original postage), it's worth doing. Not only that, I suspect some would think the partial refund is a good idea just to get rid of the stress. But it does seem that someone is taking advantage of what they hope is a buyer's ignorance, and needs to be pulled up on it.

mrbadexample

I'd have half a mind to reply that you couldn't understand the message as it doesn't appear to be written in English.

Crowqueen

They have no legal grounds to demand anything is done or any of their obfuscating procedures are followed. Their legal obligation is to accept a return and refund in full; in fact, if pushed, you have the right to insist that they collect the goods - the only thing you have to do is make them available for collection. However, eventually eBay should give you the option to return them. Simply put, persist with the dispute, don't communicate with them except through official channels and stick to your guns. I wouldn't give them any smart answers either, though.

It's a shame about the blatant feedback extortion but I would keep on about that to eBay and in the mean-time pursue the dispute. Quite a lot of the time eBay send out standard emails in response to issues like that and the people who can politely persevere and argue their case can persuade them to do something about it.

mulligatawny_2

The DSR's should over ride anything written in the sellers description and there's every chance any resolution will come down in your favour. I don't know why sellers mess about like this when they're trying to build a decent reputation. I think if I was in their position I'd simply do a 'please return goods' e mail and be done with it moving on to the next sale.

mobile48

Have a look at the Types of statements that are prohibited by law on the following ebay page:

http://pages.ebay.co.uk/safetycentre/keepingebaysafeandbuildingtrust/knowyourrights.html

mobile48

Here is the full Consumer Protection from Unfair Trading Regulations 2008:

http://www.legislation.gov.uk/uksi/2008/1277/contents/made

For most people the link in the previous post is more suitable however it is worth reading especially if you are a trader. What it does include missing from the ebay summary is details of what actions can befall traders.