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post ebay sale turns sour!

I brought a excercise machine off ebay after the sale ended as I wasn't prepared to pay her starting bid, ended up paying that amount anyway as they agreed to deliver. I was paying over the od's but thought what they hey! Anyhoo...she sets it up with my hubby who has no idea what i brought its just a bit of equipment that he doesnt plan on using!, and i was half asleep on the chair after being up till 5am with a friend/police as she had just been mugged.

When looking at the machine the following day the sticker had different info to what was advertised in the sale (specifically weight limit), and it doesn't appear to be working as it has no tension :( I was peeved to say the least, so i contacted the woman and said you have not only mis sold me this machine but it isnt working! said i would contact ebay and citizens advice if she didnt give me a refund and collect her machine, to which she replied, I dont have a leg to stand on as it was outside of ebay, and i could feel free to contact citizens advice :mad: and basically i could shove refund where the son doesnt shine....

So..where do I stand, surely she can't just get away with this??
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Comments

  • kymbogs
    kymbogs Posts: 538 Forumite
    I don't think eBay will do anything - don't they specifically say NOT to buy directly from a seller?
    :heartpulsSpoiling my two baby girls with love - it's free and it's fun!:heartpuls

    I'm not very good at succinct. Why say something in 10 words when 100 will do?
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Didnt the OP win the bid and the seller set it up for the OP at home, have i misunderstood what the OP has wrote
  • PZH
    PZH Posts: 1,599 Forumite
    Part of the Furniture Combo Breaker
    I b[STRIKE]r[/STRIKE]ought a excercise machine off ebay after the sale ended...
    DCFC79 wrote: »
    Didnt the OP win the bid and the seller set it up for the OP at home, have i misunderstood what the OP has wrote

    No - the OP bought after the sale ended - hence eBay will not be interested in the slightest.
    “That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing.”
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 May 2011 at 3:08PM
    phoodless wrote: »
    No - the OP bought after the sale ended - hence eBay will not be interested in the slightest.


    oh sorry phoodless,

    i missed the title where it said post ebay sale

    thanks
  • madison-nyc
    madison-nyc Posts: 576 Forumite
    small claims court would be your only route but it's only worth it if it was expensive really as it costs £30 to put a claim in i think.
  • PZH
    PZH Posts: 1,599 Forumite
    Part of the Furniture Combo Breaker
    small claims court would be your only route but it's only worth it if it was expensive really as it costs £30 to put a claim in i think.

    And if the OP can prove not as described (NOT the eBay sale details - remember this was outside of eBay) and has been set up correctly (regards tension)
    “That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing.”
  • NeilF3485
    NeilF3485 Posts: 600 Forumite
    As others have said, don't buy outside eBay and thus lose all the protection they offer.

    Also I'm aware you had mitigating circumstances but you were present when it was set up and didn't mention anything to the seller who had come and installed it - I'd be reluctant to do anything either!

    Small claims is not going to be a worthwhile route, will cost you as much in fees potentially once the defendant enters defence etc.

    Put it down to life lesson!
    "We can all fly as high as the dreams we dare to live...........unless we are a chicken" ~ Anon.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Didn't you test it after it was set up? you had the oppertunity to reject it, I can see why the seller will not give you a refund.
  • bris wrote: »
    Didn't you test it after it was set up? you had the oppertunity to reject it, I can see why the seller will not give you a refund.

    Did you not read what I posted? I was half asleep in the chair, and tbh regardless of wether I tested at the time; when did it become ok for people to sell broken stuff and lie about the spec of it?
  • DCodd
    DCodd Posts: 8,187 Forumite
    Part of the Furniture Combo Breaker
    Did you not read what I posted? I was half asleep in the chair, and tbh regardless of wether I tested at the time; when did it become ok for people to sell broken stuff and lie about the spec of it?
    Could it be that the machine has not been set up properly? What sort of machine is it, cables. weights, resistance bands?
    Always get a Qualified opinion - My qualifications are that I am OLD and GRUMPY:p:p
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