Buyer - Item not described - Refund?

kodbel

I have been a long time ebayer, but unfortunately I got conned in a big price item (£280). I bought a mobile phone from a seller with a reasonably clean history (a negative feedback 10 months back - communication ceased and left with a locked phone). But I am afraid the same thing happened to me now! He advertised the phone as "sim free never locked factory unlocked" but once I got the item it turns out it's locked to o2! To make matters worse, item description said 16GB memory card included but in reality I got a 8gb one.
Initially the seller cooperated and said that he will post me the 16gb card, and contact CPW from whom he bought the sim-free set. But a quick google pointed out that CPW sold only o2 branded phone for that particular model, and it's not possible to get it unlocked (The phone is Dell streak- and there are lots of o2 users asking for an unlock code from o2- o2 is ignoring any request)
So, once he noticed that he cannot get it unlocked- he has started ignoring my emails and not responding to any of my emails. I am now stuck with a rather expensive piece of kit which is no use to me.

I haven't been in this situation before and have lots of questions. It would be great if someone could help me (and possibly other newbies as a reference)

After going through some of the posts here, I understand that the best way to ask for a refund is through paypal. Am I correct? Or, do I need to start the dispute in both ebay and paypal?
Do I need to/can I include the email communication between me and the seller which proves that the set is indeed locked and does not match description.
When do I have to send the item back to the seller?
And finally, how long will the whole process take? And is it certain that I will get the refund, considering the fact that the seller is now not cooperating?

sam.4000

Yes open a case in paypal. But only open 1 case with either paypal or ebay NOT both.
You will need to send the item back special delivery to ensure the item tracks back to the seller. But do not send it back till paypal instruct you to.
Not sure about emails but do keep them as paypal might be able to look at them. Once the case is open both parties have chance to put their view across to each other.
Cases take 10 days to get resolved.

sillygoose

Hope you get it sorted, I am in a similar paypal dispute currently, taking ages due to the Christmas post, took 1st class recorded over a week to get my item back to seller.

Anyway, just another thought as you are into the new phone for quite a lot of money, if you can't get a resolution sorted out have you considered switching to O2 and getting your current number transfered to the O2 account? just a though if your on PAYG short term contract currently.

coolpig

Hi kodbel, Paypal SNAD dispute is the way to go, escalate after 7 days and sent the phone back special delivery, you have 45 days in which to open the dispute so you may want to consider holding off for a little while until the weather backlog is cleared some.

kodbel

Sorry to restart this old thread, but there has been some development but I still haven't managed to settle this dispute. As always any advise would be greatly appreciated.

I opened a paypal dispute (Item not described and parts missing) on 5th of January. The last email I got from the seller was on 19th December. However all of a sudden on the 7th of January, I got an email form the seller with the unlock code. He didn't mention anything about the dispute on his email. I replied soon after mentioning if he send me the 16GB memory card as he promised earlier I will take steps to resolve the dispute. But till now I haven't heard anything from him. I requested again not to ignore my emails but to no avail.
What should I do now? Since the circumstances have changed now, phone is unlocked now (although not factory unlocked, but memory card missing) can paypal reimburse me with the cost of the memory card only as I am happy to keep the phone. Otherwise, since he is not communicating at all, I am concerned that when paypal asks me to send the item back to the seller he would not acknowledge it and I will be with out phone and money!

chancesare_2

Paypal do not have a facility to part refund. In a dispute it is either all or nothing.

You need to decide what you want.

You will have to pay the cost of returning the ozone via sepcial delivery, but you will receive back you entire initial payment including the postage you paid to have it sent to you.

Or you keep the phone and accept what you have. Once closed you cannot reopen the dispute.

kodbel

Thanks for your input.

I am wondering, since the seller is not responding to any emails, how can paypal clawback money from his account ( i guess he has withdrawn the fund from his paypal, and possibly cancelled his direct debit with his bank) and confirm that I have indeed send the actual item back to him. The seller could also play foul and later claim to paypal that the item I returned is not what he sold...

With such complications, I might have to accept the situation and close the dispute frustatingly.

chancesare_2

kodbel wrote: »

Thanks for your input.

I am wondering, since the seller is not responding to any emails, how can paypal clawback money from his account ( i guess he has withdrawn the fund from his paypal, and possibly cancelled his direct debit with his bank) and confirm that I have indeed send the actual item back to him. The seller could also play foul and later claim to paypal that the item I returned is not what he sold...

With such complications, I might have to accept the situation and close the dispute frustatingly.

Paypal WILL refund you, but only in full upon receipt (via an online trackable means) back to the seller. So you need to decide, you cannot have it both ways. They will not get involved in the whys or wherefores of what you have returned him. They are just interested in the tracking showing delivery or attempted delivery. If he refused the phone, you will still get your refund.

If he has no funds, they will refund you but they will chase him for the payment. So you will not be out of pocket or delayed payment.

If you close the dispute you CANNOT reopen it. So if you have further problems, that will be your hard luck.

kodbel

It's assuring to know that Paypal will pay the buyer from it's own pot if it cannot contact the seller. But also a seller in ebay, it concerns me that any fraud buyer could scam the system, ie- claim refunds and not send back the actual item bought. How can the seller defend himself in that case?

chancesare_2

kodbel wrote: »

It's assuring to know that Paypal will pay the buyer from it's own pot if it cannot contact the seller. But also a seller in ebay, it concerns me that any fraud buyer could scam the system, ie- claim refunds and not send back the actual item bought. How can the seller defend himself in that case?

The seller really cannot. Ebay and Paypal tend to refund the buyer and tell the seller to go to the police. Really, the only way to fight it would be via the small claims court.

But you are the buyer in this instance, so am not sure why you are querying.

kodbel

Just querying so that I will now think twice before selling any high price item in ebay. Just last month I sold a brand new laptop recently and thankfully it went smoothly.

For this instance I will let the seller go, and take a hit of the loss myself. This would teach me not to but from ebay (but probably not...)