eBay action to take post 45 day claim report deadline

AndyB2174

Hi,

This is a specific question from a personal situation encountered but I'm sure it has happened to quite a few people with other items.......

.......The story: I purchased a mobile phone from a seller with an outstanding feedback score and so i thought i was in good hands!

I purchased the mobile in Nov 11 and the phone was received the next day(GREAT SO FAR!) The mobile was supposedly unlocked and when i tried my daughters SIM card it did not work :sad:. I contacted the seller several times and he got me several unlock codes over the weeks which did not rectify the problem :mad:. The phone was a xmas present for my daughter and xmas came and went and no further correspondance; due to the xmas holiday i thought.

When i next received an email (Jan 12) the seller confirmed he had been away and i was to return the phone and he would reimburse me including the return postage for the trouble caused as i had to go out xmas eve and luckily bought a mobile. The phone was received by him but im STILL waiting for my money back.

Both eBay and PayPal are not interested as the situation went outside of the 45 day claim period! I sent emails, contacted the sellers mobile and even requested money via PayPal; I have also filed a fraud case with Action Fraud but they cannot[FONT=&quot] guarantee nor prompt a police investigation. [/FONT] [FONT=&quot] [/FONT]
It seems there is nothing else i can do unless anyone out there has any ideas??!!

:exclamatiThinking caps on please! :exclamati

ILW

How much did you pay?

mynameistallulah

You would need to send a letter before action, advising of your intention to enforce your rights through the small claims court (lots of examples of this letter online). If still no joy, you can issue a small claims action through Moneyclaim Online (or if you qualify for a fee remission, you would need to complete a paper form - available through the https://www.justice.gov website.

immoral_angeluk

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere (please see this rule) so this post/thread has been moved to the Ebay board, where it should get more replies. If you have any questions about this policy please email [EMAIL="forumteam@moneysavingexpert.com"]forumteam@moneysavingexpert.com[/EMAIL].

-Liam-

I had a similar issue with an Android Tablet that became faulty. Seller received it via recorded delivery with the intention of replacing it. Plenty of delaying tactics later he pronounced that he was not going to replace or refund. Became obvious why when I tried to raise a dispute with Ebay. As with you, I was outside of the 45 day limit.

Logged a small claims case and the same week that he must of received the summons, he had refunded me in full + the cost of postage + the court costs of 25 quid. Easy.

patman99

When I get a seller who tries to stretch-out a SNAD beyond 45 days, I start an eBay claim on day 40. Saves hassle and gets me my money back.