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Ebay iPhone dispute

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My mum bought me an iphone off ebay that said it was unlocked.

We got the phone and it wasn't unlocked. I didn't want to spend £50 unlocking it myself and felt uncomfortable doing so, so asked for a refund. He agreed to refund me after I sent it back to him.

When he received it, he said that it was damaged and that we had tried to remove the back from it. We didn't at all. All I did was take it out of the box, put my simcard in it and plug it into the computer. When I realised that I couldn't use it, I put it straight back in the box. It wasn't damaged at all. It couldn't have been damaged in the post either.

Our main problem is that my mum got confused and sent him a message saying that we think we have bought the wrong thing.. because I am on O2 and the phone is for orange. That wasn't the case, we knew the phone was orange but it still said it was unlocked.

After pestering and pestering him to pay us back our money, he finally responded with this..

"hi after a discussion with ebay, i have found a refund is only to be at my disgresssion, due to the fact the mobile is damaged my only option is to send it back to you and you have it unlocked for o2,,as for me listing it wrong ,i have already recived an email rom you saying you have made the mistake of buying an orange phone, a dispute will not result in you having your money returned for an item that has clerly been damaged, and is not in the condition i sent it ,, you will recive your phone back shortly"


He is just outright lying lying about us damaging the phone, and I'm mostly worried now that we won't be able to dispute it and we will get a damaged phone back through the post that we will be able to do nothing with.

Any help here on how we should handle this would be massively appreciated.

Thanks
«1

Comments

  • This is critical situation. How the phone get damaged and who did this is very confusing now. I think you should file a dispute to resolve the matter.
    If you do not want dispute then keep the damaged iphone send it for repair.
  • Oliver14
    Oliver14 Posts: 5,878 Forumite
    The vital thing is did you send it back tracked?
    'The More I know about people the Better I like my Dog'
    Samuel Clemens
  • Rangeboy
    Rangeboy Posts: 6 Forumite
    edited 8 September 2011 at 7:27PM
    Yeah I sent it special delivery and still have the receipt and tracking reference number.

    Thanks for replying
  • Oliver14
    Oliver14 Posts: 5,878 Forumite
    Rangeboy wrote: »
    Yeah I sent it special delivery and still have the receipt and tracking reference number.

    Thanks for replying
    thats great open a dispute in paypal (not ebay) state the item has been returned and add the tracking number. Escalate the claim also.
    'The More I know about people the Better I like my Dog'
    Samuel Clemens
  • Thanks very much for your help.

    I will outline everything that has happened. Should I write everything in the "message to seller" part or will I get another opportunity to state my claim to paypal?

    Thankyou.
  • Rangeboy wrote: »
    Thanks very much for your help.

    I will outline everything that has happened. Should I write everything in the "message to seller" part or will I get another opportunity to state my claim to paypal?

    Thankyou.

    To be clear.

    Open a claim in Paypal, NOT eBay.

    Open a claim for significantly not as described, escalate it and add tracking.

    Don't put any waffle in. Just say the phone has been returned as it is not as described as it is not unlocked.

    Nothing more.
  • Hey, thanks loads for your help!

    One more question, he has supposedly sent the phone back to me, without consulting me about it. Should we not accept the package from the postman? Or should we just take it?
  • hermum
    hermum Posts: 7,123 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Did you open the dispute in paypal? If so can you escalate it yet to a claim?
  • I am just about to open the dispute now.
  • hermum
    hermum Posts: 7,123 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I thought that you were opening it a couple of days ago, has the tracking updated on RM to delivered yet? If so put that in your dispute as well.
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