item not received - am i being too soft?

criminal_smile

If you do encounter problems with a seller on Ebay, look for tell-tale signs that they are a trader. If you buy from a private seller, the consumer protection laws which normally apply when buying goods will be of no use. They only apply if you buy from a trader. When looking for a trader, take into account the following:

Do they have more than one of the same item for sale? If they have multiple items, then they could not argue that they were 'clearing out their clutter'. Any more than about 5-6 of the same item may indicate a trader.

Are the items they are selling new? If they are selling one new item, it could be an unwanted present, but if they are selling a number of new items, then they can't use the same argument of having a spring clean.

Do they have an Ebay storefront, or a website of their own where they sell goods? If either of these apply, then they are DEFINITELY a trader.

If this is the case, you will then be protected by Distance Selling Regulations, Consumer Protection Act, etc, as you would buying from a large retailer. If you suspect that your seller is trying to hide the fact that they are a trader, or an online trader refuses to deal with a valid claim, then you need to contact your local Trading Standards Service CLICK HERE, and report the trader. Remember to include details such as Ebay username (for seller), and item number if possible. Also include a daytime contact number for yourself, and the method used to pay for the item.

soolin

It doesn't really matter whether they are trading or not, if a buyer pays by paypal they can start a chargeback claim within 7 days of the auction end. Unless the seller can prove delivery then the buyer will get their money back asusming there are funds in the sellers account.

That's why it is important for the seller to protect themselves by making sure they have a way of claiming back the money themselves via the post office.

I would never recommend that a seller waits for the Post office to issue a refund, that usually takes quite a while and by then they may be out of time to start the chargeback.

I'm a seller, but assume that any buyer will want to protect themselves by making use of the chargeback facility on paypal.

Soo

vanoonoo

I've been waiting five weeks for something that was originally declared as coming from the uk but now transpires is coming from the states. the seller insists she has sent it and says that her "sources" tell her it is delivered, however I am not in receipt of the goods so we are at a stale mate. I've filed a "complaint" through paypal as the seller is now refusing to deal with me via email.

how can a buyer use chargeback soo - I'm interested to know as this might be something I will have to attempt.

vanoonoo

criminal_smile wrote:

If you do encounter problems with a seller on Ebay, look for tell-tale signs that they are a trader. If you buy from a private seller, the consumer protection laws which normally apply when buying goods will be of no use. They only apply if you buy from a trader. When looking for a trader, take into account the following:

Do they have more than one of the same item for sale? If they have multiple items, then they could not argue that they were 'clearing out their clutter'. Any more than about 5-6 of the same item may indicate a trader.

Are the items they are selling new? If they are selling one new item, it could be an unwanted present, but if they are selling a number of new items, then they can't use the same argument of having a spring clean.

Do they have an Ebay storefront, or a website of their own where they sell goods? If either of these apply, then they are DEFINITELY a trader.

If this is the case, you will then be protected by Distance Selling Regulations, Consumer Protection Act, etc, as you would buying from a large retailer. If you suspect that your seller is trying to hide the fact that they are a trader, or an online trader refuses to deal with a valid claim, then you need to contact your local Trading Standards Service CLICK HERE, and report the trader. Remember to include details such as Ebay username (for seller), and item number if possible. Also include a daytime contact number for yourself, and the method used to pay for the item.

do you hapen to know if this would work with sellers registered on UK ebay but actually trading from the states?

soolin

vanoonoo wrote:

I've been waiting five weeks for something that was originally declared as coming from the uk but now transpires is coming from the states. the seller insists she has sent it and says that her "sources" tell her it is delivered, however I am not in receipt of the goods so we are at a stale mate. I've filed a "complaint" through paypal as the seller is now refusing to deal with me via email.

how can a buyer use chargeback soo - I'm interested to know as this might be something I will have to attempt.

If you have filed a complaint then you have probably started the chargeback procedure. Paypal hop around a bit in their terminology and it can get confusing.

If you log into your paypal account there is a tab at the top that says 'resolution centre' click on that and it takes you through the procedure. Usually what happens is you make the complaint for non delivery and the seller is given 10 days (I think) to respond. If during those 10 days the seller cannot prove delivery, or does not respond to the complaint via paypal then the seller loses the dispute and his account will be blocked ready to repay funds back to you, assuming there are available funds to repay.

Paypal also have their telephone number on their pages somewhere and you can always give them a call if you are not sure whether you have started the chargeback procedure or not. YOu do only have 45 days from the date of payment in which to start the claim, so make sure you watch the dates.

Good luck

Soo

skdotcom

As a seller, I always get proof of posting, and will claim for any items lost in the post and then refund the buyer.

As a buyer, I've had mixed experiences. The last item that went missing was from the States. Seller eventually refunded the cost of the item (not the shipping), but it took alot of peristant emailing.

vanoonoo

skdotcom wrote:

As a seller, I always get proof of posting, and will claim for any items lost in the post and then refund the buyer.

As a buyer, I've had mixed experiences. The last item that went missing was from the States. Seller eventually refunded the cost of the item (not the shipping), but it took alot of peristant emailing.

this is whats happened with me - and I filed a missing in action type thing through ebay and paypal and now the seller has agreed to refund (she'd got agressive via email and wasnt prepared to discuss it and told me to file a complaint). but now she's left me negative feedback a nd is saying I am a non paying bidder? I am totally confused!

vanoonoo

oh joy now I have a strike against me and negative feedback and no goods and the refund appears to only be pending. *chuckle*

is it always this much fun? out of 20 transactions recently this is the first one to go wrong for me

vanoonoo

oh joy now I have a strike against me and negative feedback and no goods and the refund appears to only be pending. *chuckle*

is it always this much fun? out of 20 transactions recently this is the first one to go wrong for me