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Ebay problem, what would you do?

I bought a wardbrobe on 2 Dec.
2 boxes were delivered on 12 Dec, the courier clearly said 2 boxes to be signed for. I noticed later there should have been 3.
Contacted seller who got back to me saying 3rd box had been damaged. Needed to reorder wouldn't be available til Jan.
I chased this up 5 days ago, he said he'd get back to me when he'd heard from suppliers but I've not heard from him.
Do I chase him again or just open a dispute?
I've never opened a dispute before, seller has 100% feedback. I only have 4 days left to open a dispute.
Also, I just looked at the dispute process and ebay uk says it was bought from a US site but the address details shown to me are UK. Confused.
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Comments

  • Personally I would call the seller and discuss the problem. I would also tell them that I would open a Paypal dispute (for Not As Described) just to be safe but that it won't be escalated for 19 days. If you did this and escalated Paypal would require you to return something by trackable means to get a refund. Is the seller a business? How many feedback do they have each month? Do they have a return policy and it does it look like they will cover return postage/look after you if the 3rd box isn't sent? How much did you spend?

    Also, I just looked at the dispute process and ebay uk says it was bought from a US site but the address details shown to me are UK. Confused.

    Did you log in via eBay.com to make the purchase?
    In the game of chess you can never let your adversary see your pieces
  • quietheart
    quietheart Posts: 1,875 Forumite
    Part of the Furniture Combo Breaker
    Thanks.
    I've paid £300.
    The seller seems to be a UK ltd company with a separate website.
    It was an auction sale not BIN.
    Their ebay site states no returns.
    Only 32 feedback in last 6 months, 150 overall.
    I was logged onto ebay.co.uk when I ordered.
    I will contact the seller again now.
  • For £300, especially combined with a slow rate of sales on the account, I'd be inclined to take the route that protects my money.

    As it was an auction the seller doesn't have to offer change of mind returns but should have some reassuring in their listings about what happens when an issues arrives as they still have to accept returns/resolve issues for not as described/damaged/etc.

    It depends upon the sellers comms but I would be clear with the seller that opening a case is just on the side of caution and if they are a decent seller they will understand this.
    In the game of chess you can never let your adversary see your pieces
  • quietheart
    quietheart Posts: 1,875 Forumite
    Part of the Furniture Combo Breaker
    I sent an ebay saying I hope we can resolve the issue but as I only have a few more days to inform Ebay I will have to let them know. I emailed so there is a clear record, I want to avoid having a conversation that isn't documented.
    I feel I'm being reasonable but covering myself at the same time.
    Pain in the butt.
    Thanks again.
  • Strapped
    Strapped Posts: 8,158 Forumite
    Hell yeah, open a dispute now.
    They deem him their worst enemy who tells them the truth. -- Plato
  • quietheart
    quietheart Posts: 1,875 Forumite
    Part of the Furniture Combo Breaker
    Well I opened a dispute.
    The buyer is apologetic. Says the remaining box will take 1-2 months.
    Due to this he will offer refund of 30%.
    I accepted this.
    No refund came so I contacted them again. They said they would refund when the box arrived.
    I said I wanted the refund now. They got back to me saying they can't refund as ebay.com have put a hold on the transaction. They say i need to close the case to allow them to pay the 30%. I smell a rat.
    I've spoken to ebay.co.uk and they said not to close the case but aren't sure if ebay.com follow the same procedures as them.
    He's passed to them as 'top priority' but it may take 3 days for them to call me.
    Being a tight wad I don't want to phone overseas for what might be a long call.
    I'm concerned that I have 2 huge boxes that may need returning before i can get a refund :eek:
    Any opinions?
  • quietheart wrote: »
    I said I wanted the refund now. They got back to me saying they can't refund as ebay.com have put a hold on the transaction. They say i need to close the case to allow them to pay the 30%. I smell a rat.

    Any opinions?

    Do not under any circumstances close the dispute or that will be the last you see of any refund. The seller may have the funds limited due to a dispute being opened but they can get around that by adding more.
  • It's a bit of an issue, as the contract has not yet been completed I would ask the seller to cancel and collect their boxes. I think by stating the 3rd box would come in Jan but then stating another 1-2 months they aren't putting themselves in a good position at all, pretty foolish to ship part of an order with no real idea of when the other part can be supplied.

    If it comes to it I think you'd win in court, perhaps a call to Consumer Direct to clarify your position would be best.
    In the game of chess you can never let your adversary see your pieces
  • quietheart
    quietheart Posts: 1,875 Forumite
    Part of the Furniture Combo Breaker
    I was reasonably content that the seller was honest until they started pushing closing the case.
    I've just had another email suggesting i close the case as I could re-open it at any time. Which is utter hogwash.
    I emailed them back saying as ebay had advised the opposite to be true I'd stick with it.
    They emailed again saying ok, keep the case open but they can't refund until 3rd box despatched.
    Frustrated now.
  • They will have to refund if eBay decide the case in your favour, if you get stuck with paying to return to big boxes I'd certainly be looking to recover the cost from them.

    Aside from anything, why do you want two thirds of wardrobe hanging around for nearly 4 months, with the possiblility that your clothes are hanging randomly around the house! From what you've posted they don't seem to be seeing this from your side.

    If they have to wait so long for the other box they should either refund and collect the first two boxes (as they should legally be bound to) or as a gesture of good will, if agreed by both parties, collect the two boxes and send you a different wardrobe of equal or higher value. The 30% refund is a good gesture but doesn't aid in you having a complete wardrobe in the very near future.
    In the game of chess you can never let your adversary see your pieces
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