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Ebay Bought iPhone 4S 16GB for £400 no phone sent

Hi
I wanted your advice and opinions on the below issue regards to a purchase on ebay.
I bought a phone off ebay iPhone 4S 16GB for £401. I received the item with only the box and its accessories and no phone itself. I opened a dispute with ebay as seller was not replying. Seller then replied saying he never mentioned that phone was included in the listing and he wont accept returns. This annoyed me it clearly says iPhone 4S 16GB Black in the title and shows the phone within the photo of the item listing. Nowhere did the seller say phone is not included in the photo. Very deceptive and seller does not accept it.

So it is going to be upto ebay and i wanted to know do you think ebay will take my side on this?

I cant post the link to the listing as im a new user but you can search for it on ebay under the item number 110805209838. But if someone wants to see private message me.

What do you think. The title says black so the iphone is black not the box and accessories which are white. 16GB refers to the phone. Phone is included in the photo but does not state in description that the phone shown in the photo is not included. Which is deceptive leading towards fraud.

Ideas please as i will escalate this to ebay to judge on 24th Jan and i really want my money back. I have shopped slot on ebay built a good feedback and this is first time having trouble on ebay with scammers.

Thank you
«13456712

Comments

  • savemoney
    savemoney Posts: 18,125 Forumite
    Part of the Furniture 10,000 Posts
    LINK

    The advert is misleading the titles doesn't state ipod but does state 16gb cant see a box being 16gb

    Also the description says "A brand-new, unused, unopened and undamaged item. See the seller's listing for full details."

    If its brand new, unused, unopened how did he/she comes across a iphone box with no iphone but has other things like wall plug, cable etc. How would they know its just got that in it if its unopened

    Looks to me as if they deliberately trying to mislead people

    I would open a dispute nothing to loose
  • marleyboy
    marleyboy Posts: 16,698 Forumite
    10,000 Posts Combo Breaker
    Open a dispute, be sure to triple check the ad for such flaws, including the postage costs, weight, etc. You should win, I wont say will because of the unpredictability of ebay.

    Good luck OP.
    :A:dance:1+1+1=1:dance::A
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    Marleyboy You Are A Legend!
    Marleyboy speaks sense
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    Marleyboy - You are, indeed, a legend.
  • NIC26
    NIC26 Posts: 80 Forumite
    Looking at their feedback, they bought the iphone box & accessories off a business seller a few weeks back for £19.99. There is nothing in the advertisement clearly stating the iphone is not included. What they have done is fraudulant. You have done the right thing opening the case. For now there is no more you can do, escalate the case as soon as allowed. Good Luck.
  • NeverInDebt
    NeverInDebt Posts: 4,633 Forumite
    1,000 Posts Combo Breaker
    http://www.ebay.com/itm/220914615505

    The seller was either scammed or more likely bought it to scam others
  • forgotmyname
    forgotmyname Posts: 33,091 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    File a dispute not as described and you get to leave them feedback.. Be careful because it could be removed.

    Dont use the word scammer etc.. MISLEADING, sells empty boxes not the actual goods.

    Something like that? Some people on here have excellent neg wordings.

    Make sure you dont agree to any cancellation, You dont want them getting their fees back.


    Auction smells scam as soon as i looked, One day auction and needs money for kids gifts.

    I thought its a contract phone and as soon as 45 days are up they will report it lost or stolen.

    You lose.
    Censorship Reigns Supreme in Troll City...

  • New: A brand-new, unused, unopened and undamaged item. See the seller's listing for full details

    As the item they were selling is clearly stated as unopened, I would ask them how they managed to get the phone out of the box.
  • sharpy2010
    sharpy2010 Posts: 2,471 Forumite
    I have to say, this is why I would never risk buying a phone on eBay. Ever.

    I know its easy to be wise after the event, but paying £401 for a phone which is worth only an extra £50 or so in the shop brand new... wouldn't it have been better to actually go into a shop and get the actual item, with no risk of being ripped off?
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Open a PAYPAL dispute. Open as SNAD significantly not as described. The item is not NEW, SEALED as advertised. It does NOT contain all of the items as advertised. Don't waffle, don't rant. Just clear concise basic facts.

    Do NOT close the dispute at any stage, it will be closed automatically when it is resolved, once closed you cannot reopen it.

    Once open, escalate the dispute as soon as you can.

    Wait for Paypal to review the case and instruct you to return the item.

    Send it via SPECAL DELIVERY only. Do not be tempted by recorded delivery.

    Keep your receipt from the Post Office.

    Upload the tracking information to the dispute carefully.

    The case will close and you will get a full refund once the tracking updates to delivered/attempted delivery/refused.

    Once and only once this is resolved, you can leave feedback.
  • Samee380
    Samee380 Posts: 19 Forumite
    edited 18 January 2012 at 8:49AM
    The seller was either scammed or more likely bought it to scam others

    I cannot believe the listing in the link. Thats really devious. However in my listing he did not mention anything to say the phone is not included.

    Thanks for all your comments. I opened a dispute with ebay. Will it make any difference if i go through with paypal? Though paypal wont allow me to open a dispute as i have opened it with ebay. And i hope i win the case.

    I will let you know the outcome
    Does ebay have a phone number that i can call?
  • Aquatronixjenny
    Aquatronixjenny Posts: 237 Forumite
    edited 18 January 2012 at 8:54AM
    Samee380 wrote: »
    I cannot believe the listing in the link. Thats really devious. However in my listing he did not mention anything to say the phone is not included.

    Thanks for all your comments. I opened a dispute with ebay. Will it make any difference if i go through with paypal? Though paypal wont allow me to open a dispute as i have opened it with ebay. And i hope i win the case.

    I will let you know the outcome
    Does ebay have a phone number that i can call?

    Did you open a dispute with ebay or Paypal? It should have been a Paypal dispute

    Sorry... edited to add, I just read your post properly... you have done a dispute with ebay. You should have really done it with Paypal as they are much quicker, but I'm sure if you give ebay a call and chase it as it's such a large amount of money you should be ok. How was your paypal payment funded, was it by credit card? If so you may have a case for a chargeback.
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