Advice please... not sure best way to proceed...

BertieMeldrew

Not sure how to move this forward (although am still awaiting email reply from Seller - he's not too good at that

I purchased a Windows XP Prof license/software from an-eBay seller... something like £53.99 + P&P + VAT (total £75 ish). Seller has a seven-day cancellation policy.

Over the weekend my PC crashed (again... it was constant crashes that made me want to rebuild the OS) and I decided that a PC upgrade rather than an OS rebuild was best way forward.

I notified the Seller that I wanted to cancel (six days after my purchase) and he confirmed that would be ok. We went through the e-Bay "disputes" procedure (as a formality - neither of us were rally in dispute) and after a couple of emails he advised that he'd refund everything other than £9.99 postage costs... not too sure how that was incurred but I had no real issue with it... so I was expecting around £65 refund.

I have just received a refund of £45 with no explanation and no breakdown. I have emailed asking for an explanation 0 no reply yet.

In the event that I get no reply or get no satisfactory explanation... any advice on best way to proceed? It's only £20 - but it's better in my pocket than his!

Is it something I need to resolve with the Seller or can I complain to e-Bay or Paypal (transaction went via Paypal)? If all else fails can I go through small claims?

Thanks in advance... bm

Edited footnote: we both left +ve feedback for each other... I did this after he agreed to accept the return.

frivolous_fay

Is there anything about his returns policy on the listing? Perhaps he's charged a restocking fee.

BertieMeldrew

Doesn't appear to be... it just says "You have 7 days from date of receipt of the product if you wish to return the software for any reason"

In my (uninformed) view I would have thought that he has the same obligations as anyone else who sells me something - e.g. seven days to change my mind.

...ah also just read "We reserve the right to charge a restocking fee of 15% restocking fee (minimum £15) for incorrectly purchased items" but he sent me an email stating that he would only charge £9.99...

frivolous_fay

Looks like he forgot his email, decided to charge you the £15 and a bit more for luck. Best you can do is wait for his reply (remember it's the end of the working week) and failing that, get his telephone number and call him.

Sooler

the £9.99 p&p and £15 restocking fee are seperate charges so he's refunding everything other than £9.99 postage costs - and then charging the £15 restocking fee.

BertieMeldrew

Sooler wrote:

the £9.99 p&p and £15 restocking fee are seperate charges so he's refunding everything other than £9.99 postage costs - and then charging the £15 restocking fee.

That maybe the case... but that still only makes £25 (umm... maybe damned VAT also)... but he did say (implied) in his email that he'd only be charging £9.99

Does anyone know if it is possible to change/withdraw positive feedback?

mrsb_5

BertieMeldrew wrote:

That maybe the case... but that still only makes £25 (umm... maybe damned VAT also)... but he did say (implied) in his email that he'd only be charging £9.99

Does anyone know if it is possible to change/withdraw positive feedback?

unless you mutually agree to withdraw feedback you can't do it, You can though follow up the feedback you have left for him;)

Googlies_2

BertieMeldrew wrote:

Not sure how to move this forward (although am still awaiting email reply from Seller - he's not too good at that .

Is this a private seller or a trader?

(Its very difficult to assist without the auction number.)

BertieMeldrew

Update...

Another few days on and I still haven't heard from this lump of s**t who poses as an eBay seller.

I have sent three emails without reply. I requested his contact details and find that the phone number he has registered with e-Bay is not a valid number (or at least that is what I am told when I try and dial it...).

I tried to pursue this through Paypal but they don't seem to want to know... and am not sure e-Bay will!

As I stated earlier it's only £20... but it's MY £20 this s**t has "stolen".

If I can't get any joy through either Paypal or e-Bay I plan to try the small claims court. Anyone got any thoughts on my chances of success (e.g. I don't even know who this s**t is let alone how to contact him).

Hi claims to be VAT-registered (at least he charged me VAT on my purchase). Is there anyway I can track him down through that?

Many tx...

mickyboy73

Hi,
Charging VAT for an item without being VAT registered is very serious. First step would be to contact Excise and Customs to report this to them. I am quite sure they will investigate that side of things for you to find out if he is VAT registered.

Next step, contact eBay to notify them that you requested the contact details of the seller but found they had used false contact details. That's enough to provoke eBay to check the seller out and either get him to update his contact details in which case you can then contact him. If he doesn't update them then eBay should suspend his account as he is in breach of the eBay user agreement.

Hope that hels.

Daisydoll

Can you not claim via paypal for item not recieved? As he has not issued a full refund? I understand that seller so do have to have policies but I think taking £9.99 for postage for an item that was not sent and then £15 is a bit steep!:eek: