Buyer opened dispute on faulty item.

richto

Keep it factual. I would reply, "Two very small cosmetic scratches on the screen are clearly visible on the item photo, and are consistent with the item being described as used / faulty / for spares. If you were unsure if it was possibly dust, then the responsibility is with you to ask. Listing clearly stated that item was untested and therefore the status of display pixels was obviously unknown."

Mandles

omas wrote: »

In one of replies he wrote:
None of the faults were listed in the auction, no mention of dead pixels or screen damage on listing either, you stated its sold as spares because you cant test it, well you could have mentioned the obvious faults! no excuse, very poor listing, alittle dishonest too. i have no option but to leave negative feedback to warm others you are economical with the truth when listing items. mark on screen voukd have been dust! without listing fault who is to know?
I sold as faulty, not as spares. Damage to screen is seen on the photo.
http://img442.imageshack.us/img442/9342/img6064a.jpg

He's an idiot! If it is sold as faulty and untested then you are buying a gamble. As said before, if he wasnt sure he should have asked. Screen damage looks very clear to me. I would send him the link to specsavers but i fear it may antagonise him a little:p. Hope you win case but Paypal is very often unfair. I purchased a £200 table that had marks and the sellers company even came out and agreed it was faulty but were very slow at refunding despite this so i went to dispute. The result was in favour of the seller , even though item was returned.

Thankfully seller was actually an honest company as they did refund me in the end despite paypals ruling, so this may be one that you take on the chin but i hope you win and feedback may then be removed. I do hope you replied to feedback saying sorry that you found faulty item faulty!

soolin

OP you will get many different responses on here and you must pick and choose which you act on and which you ignore.

However if you read what paypal have actually said you will that allowing this to go to dispute you will lose your FVFs if you lose and statistically you are also very unlikely to win. If you tell the buyer now that you will refund as long as they return th eunit fully tracked then they may even decide it is not worth their item and just walk away.

richto

soolin wrote: »

However if you read what paypal have actually said you will that allowing this to go to dispute you will lose your FVFs if you lose and statistically you are also very unlikely to win.

FVF on £33 isnt much, versus the potential loss of sale and P&P anyway. What statistics are you quoting from?

In my experience, the is the sort of case that the OP is likely to win as the item description seems accurate and the SNAD claim does not seem reasonable.

To date I have lost 2 SNAD cases of quite a few. One when a buyer damaged an item after receipt and Paypal didnt accept evidence of that, and one when a 5" speaker was 5" cone size, but the chassis was larger (as is normal!). I have won a few SNADs on appeal, so it is worth being persistent too.

omas

No I ve got comment from him under feedback:

• Follow up by xxx (10-Dec-11 20:02):
  
  Item possibly stolen, investigation now taking place, Please do not trust!!!!!!!

He still wants to return item and a full refund...

richto

omas wrote: »

No I ve got comment from him under feedback:

• Follow up by xxx (10-Dec-11 20:02):
  
  Item possibly stolen, investigation now taking place, Please do not trust!!!!!!!

He still wants to return item and a full refund...

Thats great news. You can now get the feedback removed, and him a strike from eBay. Any reference to an investigation is forbidden.

Report it here: http://pages.ebay.co.uk/help/policies/inappropriate-feedback-comments.html

Also you could take him to the small claims court for libel if you wanted to. The requirement would be on him to prove that the statement was justified.

hermum

I'd phone ebay so you can get your side over, you may be lucky to get someone who'll use their brain & look at the listing & close in your favour.
Also ask them to remove the feedback he left.

omas

richto wrote: »

Thats great news. You can now get the feedback removed, and him a strike from eBay. Any reference to an investigation is forbidden.

Report it here: http://pages.ebay.co.uk/help/policies/inappropriate-feedback-comments.html

Also you could take him to the small claims court for libel if you wanted to. The requirement would be on him to prove that the statement was justified.

What to do about claim? As he said investigation is on and from what I believe he can't send it back to me now, can he? How can I double check if radio was or wasn't stolen? I've bought radio on car boot and only checked Global stolen Radio Database: http://www.genesisworld.com/stolen/

I'm thinking about going tomorrow to police station and check that with them. What I supposed to do now? How to take him to small claims court and is it worth it?

richto

omas wrote: »

What to do about claim? As he said investigation is on and from what I believe he can't send it back to me now, can he? How can I double check if radio was or wasn't stolen? I've bought radio on car boot and only checked Global stolen Radio Database: http://www.genesisworld.com/stolen/

I'm thinking about going tomorrow to police station and check that with them. What I supposed to do now? How to take him to small claims court and is it worth it?

Not your problem. You have no reason to visit the Police Station unless you have reason to believe it was stolen and you did not buy it in good faith. Most likely his post is a complete fabrication designed to make you look bad, but fortunately he has gone past what is allowed and you can get at least the comments removed.

If he has taken it to the police and they think it is stolen then they will confiscate it from him and he wont be able to return it - a win situation for you.

You could take him to the small claims court via Moneyclaim Online - someone got about £5K for an eBay libel previously. But imo its likely not worth the effort, unless you have lots of time to kill and he lives quite near you. And of course the item is not stolen.

omas

Richto thank you very much for your help, you are a star Tomorrow is gonna be a very busy day and now is a time to go to work. I'll reply for anything more tomorrow.