Help me sue eBay!

bryanedge

Hey guys, sold a PC and monitor combo on ebay a month ago and the buyer has started a load of bullcrap.

I sold it 28/10/10. Buyer failed to pay until 30/10/10, then quibbled about delivery costs as listed. PC fully tested & working 100% with new windows OS installed before dispatch. Listing correct and clearly stated NO RETURNS accepted. Courier costs listed as £30 because PC was to be sent in 2 parts, MONITOR & BASE UNIT packaged separately. Buyer wanted to use his own courier as he didn't want to pay the listed Courier costs for 2 packages. Buyer then requested both packages be TAPED TOGETHER as a SINGLE PARCEL to save delivery costs - he was a bloody cheapskate. Item packaged and sent exactly to buyer's requirements as discussed over the phone. On receiving PC the buyer has opened & dismantled unit causing damage to various components. Numerous parts damaged, monitor missing. Unit returned in an unsaleable condition. Case badly damaged & bent, door broken, hard drives damaged, graphic card damaged, cables unplugged. I sold the unit working 100% but returned badly damaged & beyond repair with parts missing. He took out some sticks of ram. removed the i7 processor and replaced with an inferior i3. Took out the arctic 7 heatsink and put in a stock intel and had the cheek to CLAIM £600 on the postage insurance! So if he wins this he will have gained £600 plus a £200 Monitor for nothing!!! thats £800!! - I have kept photos and will be sending them to eBay also..

He basically kept the monitor included in the deal. Wont return it and has opened a buyer dispute putting my paypal balance as negative £600. I have put my side of the story in to ebay so hopefully they will decide in my favour as I have 100% feedback 400+ positives. he has 30 positives and im also a paypal business seller. I heard that paypals procedure usually involves them siding with the buyer so right now I'm organising documents to file a class action suit against Paypal Europe S.a.r.l and eBay for unfair judgement.

Doesnt life suck. Flaming lowlife, cheapskate scammers. I'll definately be avoiding eBay like the plague from now on - Any advice or your experiences would help.

I produded ebay with photos of the computer before sent and after showing only the base unit was returned and how badly damaged it was. I provided around 50 photos. I also showed them a citylink receipt showing two packages were taped as one. Ebay decided the dispute in the Buyers favour who had 32 feedback and registered a few months ago and made one post "I sent all back with no parts missing" so now he has all the money back he paid for it, some expensive computer parts, a free monitor and some insurance money he used to claim on the PC. I want to take someone to a small claims court about this and get my money back - Ebay have "Reimbursed the buyer for me" so i now have to reimburse ebay but no way will I be doing that. So who is responsible for it. The buyer or ebay? Which one should I be taking to a small claims court and what are the chances of me getting my money back? I know for a fact if I provided all my evidence to a proper judge the case would have been decided in my favour. To add insult to injury when the buyer was asked to provide a tracking number to show that he had returned the item it was made up, a complete bogus tracking number that was untraceable by DHL's tracking service. This shows extreme incompetence on ebays part that they did not even bother to look at tracking numbers.

Thanks ever so much for reading such a huge post

Bryan,

P.S. - If anybody would like to see pictures of the dispute and the comments made dont hesitate to ask and I will post them.

Crowqueen

You might be better suing the buyer rather than eBay.

bryanedge

I'll take that on board. However when the buyer provided a tracking number to ebay that was completely bogus and made up ebay did not even bother to check! - Shows negligence.

Crowqueen

bryanedge wrote: »

I'll take that on board. However when the buyer provided a tracking number to ebay that was completely bogus and made up ebay did not even bother to check! - Shows negligence.

Not really, eBay have no way of checking what was sent where or whether that's the real package. They can't personally go and inspect the goods or where they've been returned to, and they probably have some sort of clause in their ToS that distances themselves from this situation.

Your case is largely with the buyer, so it would be better to forget eBay and go after the scammer himself.

If you are going to sue anyone your first step would be to go and talk to a solicitor; very few people here are qualified to give concrete legal advice. All we can do is feel your pain.

cyberbob

Another case of someone not understanding how ebay works. You can take ebay to court if you want but you'll be wasting your money have acted within policy and all terms and conditions..

You need to be chasing the buyer if your going to do anything.

hereIam

i bought an used-item from ebay last year,it was £150.Box was delivered by DHL,it arrived open and some bits were missing.I contacted the seller and explained the problem but she was very stroppy about it.I opened a dispute on paypal. They asked me to get police report,etc,, i went to local PS and i was told they cant do anything!so i lost the dispute!
How strange Ebay operates and beyond belief at times:money:
GOOD LUCK

mobile48

bryanedge wrote: »

I'll take that on board. However when the buyer provided a tracking number to ebay that was completely bogus and made up ebay did not even bother to check! - Shows negligence.

Why would ebay need to check if it was delivered when you state you sent ebay photos of the returned item? I suspect in fact you made it pretty clear to ebay the item had been returned.

You need to explain what happened more clearly. Was this a PayPal or Ebay Dispute?

If an ebay dispute the first thing you need to do is read the following.

http://pages.ebay.co.uk/help/seller-protection-faq.html#Can I appeal an eBay Buyer Protection decision?

If a PayPal dispute check if you can appeal and also read their complaint procedure.

MsBooty

bryanedge sorry to hear what you have gone through with ebay and this scammer. i am an avid ebayer (seller & buyer) with a 400+ rating and so far i have only had a few bad experiences. All my claims have been put through Paypal and have been sucessful.

Most recent one, item I bought from a company, not as described. I returned it for a refund and was offered my money back minus £8 for administration. now considering it cost me £2 to return recorded delivery, i was not willing to pay more than that for their postage costs. they wee not willing to refund my me full amount minus postage so i put in a claim to paypal. The seller disputed it but in the end i was refunded the FULL amount!

If your claim was through Ebay I would suggest trying through paypal first before going to small claims. send them all the information you sent Ebay. if that fails then take the buyer to small claims.

Good luck and keep us posted

d123

bryanedge wrote: »

Hey guys, sold a PC and monitor combo on ebay a month ago and the buyer has started a load of bullcrap.

I sold it 28/10/10. Buyer failed to pay until 30/10/10, then quibbled about delivery costs as listed. PC fully tested & working 100% with new windows OS installed before dispatch. Listing correct and clearly stated NO RETURNS accepted.

I have 100% feedback 400+ positives. he has 30 positives and im also a paypal business seller.

I know this will sound harsh, but any unscrupulous buyer is going to take an ignorant seller to the cleaners. You say you are a business seller, then put something as stupid as "NO RETURNS" in your auction?

Have you ever thought to check your legal obligation with regard to statutory rights offered in the UK? (hint, the letters DSR might be a clue).

I also showed them a citylink receipt showing two packages were taped as one. Ebay decided the dispute in the Buyers favour who had 32 feedback.

What's the point? It's the sellers responsibility to ensure the goods are sent adequately packaged and arrive undamaged, the buyer could tell you to send them in a hundred pieces, you, as the seller are responsible for them until they are delivered to the buyer. You should never have agreed to tape 2 packages together.

Sorry, but it's no wonder ebay found against you, and you have zero chance of pursuing ebay for your perceived loss.

MsBooty

d123 wrote: »

What's the point? It's the sellers responsibility to ensure the goods are sent adequately packaged and arrive undamaged, the buyer could tell you to send them in a hundred pieces, you, as the seller are responsible for them until they are delivered to the buyer. You should never have agreed to tape 2 packages together.

does not matter how many pieces were taped together, does not explain why items INSIDE the pc were missing!!!! so i totally disagree with you

Crowqueen

MsBooty wrote: »

does not matter how many pieces were taped together, does not explain why items INSIDE the pc were missing!!!! so i totally disagree with you

So the OP should take legal action against the buyer. eBay are not responsible for the actions of a scammer.