Ebay Buyer- items significantly not as described.

NeverEnough

Just looking for your thoughts on this issue, please......I am a long-standing ebayer (2001- feedback close to 2000, 99.9% pos, 1 neg from a long time ago, very unreasonable buyer). I usually buy items, but occasionally sell some of my own things.

About a month ago, I won two auctions from the same seller for two specialised recording devices used in cctv industry. They were advertised as having been reset to factory defaults and all data wiped, with power supplies. This particular make of recorder needs to be returned to the manufacturer for the password reset to be done if the password is lost or forgotten, so it is a very important detail in purchasing any of these units second hand and the seller clearly knew this, as assurance was given that this was done.

The first recorder was advertised as having over 3000GB storage, another plus as it is an expensive ugrade.

I won the auction for that one for £280, paid right away along with the £79 for the second, slightly different unit. Seller agreed to £25 delivery charge via a courier service run by a family member. Delivered safely a few days later. Unpacked and dismayed to note no power supplies in the box, tried to contact seller, no response.

Also not in box were the remotes which were advertised as included in the sale. A heavy metal box not related tk either unit was included in the packing, subsequently this appears to be a "free goodwill gesture" as per sellers explanation which was not advertised or part of the auction and which I do not want or need.

I was able to power up one of the units as it just needed a standard power cable. The other unit needed a proprietary power supply so could not be powered up to check it even turned on.

The unit I powered up was meant to have approx 3TB storage, but only had 450GB. The sellers cctv footage of his premises was also still present although not a big deal other than he had said it had been wiped- at least that could simply be erased.

After a week I received a message via ebays messages from the seller saying hewas on holiday and would contact me on his return. At the end of the two weeks, on his return, he sent the correct power supply and I was able to power up the second unit, only to find that it was fully password protected and I could not access any of the menus without the correct password. The sellers cctv footage was also still on the drive. The recorder is unusable by anyone else without having it reset by the manufacturer if the passwords are lost - it is a security measure - and expensive to do, at about £200 plus the whole recorder has to be posted to and fro to do it.

The seller stopped responding to my emails about settling the matter and I opened two disputes via ebay re the items being significantly not as described.

He then responded saying he had gone on holiday again and I should have waited for him to sort out the matter without resorting to opening disputes. He kept saying that the storage issue was just a simple mistake on his part and I should just accept that, and that the remotes were "definitely both sent" ( they were not ). Eventually he agreed he would have the storage upgraded if I returned the recorder to him at my own cost - when I asked for his address he refused to give it and retracted his offer, instead offering £100 in part refund. A 2TB harddrive for this particular recorder costs £279.

In respect of the other recorder, he insists, after giving me what he called an "override password" that there is no password set and I am lying and he refuses to take the recorder back or provide the correct password.

I had a cctv engineer check both units yesterday - the one is working ok but with far less storage than advertised. The other one is definitely password protected and not usable by anyone unless and until the password is reset by the manufacturer or the correct password is provided.

Seller has now become abusive and threatening and calling me a liar, demanding to know details of the vehicle registration on the footage left on the recorder so I can "prove" to his satisfaction I am not lying about his footage being left on the recorder. He is also stating he refuses to take the recorders back or rectify the issues / provide a hard drive to compensate for his mis-description. The option for the £100 partial refund also seems to have gone now.

I have had the first unit installed and it is working ok, albeit with far less storage than advertised- I do not really want to have it uninstalled again and return it as it is likely to be more expense again - posting back etc etc. should I still escalate the dispute as he is clearly not going to settle anything?

The second recorder is useless to anyone without the password so I don't want it, but I have no return address and he has stated he refuses to accept it back or to refund me as it is all somehow my fault! Should I just escalate this and wait for ebay to provide the address details and then send it back via the cheapest trackable service I can find?

What would you all suggest?

Seller has feedback of around 100 or so items, all private sales and purchases ( these were too) feedback 100%.

In all the years of selling and buying have had very few problems, so I guess I have been lucky. This is just so aggravating, though, and he should not get away with it.

Crowqueen

Given the nature of the items in question, are you a business yourself?

I suggest you take some legal advice, as you may well have a case against the seller having sold you items that are not fit for purpose and were misdescribed, but if you are not a consumer (that is, buying as a private individual rather than in the course of a trade), then the laws will be different and sites like Consumer Direct may not be able to help.

NeverEnough

No, I'm not. Just a private buyer with a need for such items, it is not just businesses that use cctv related equipment. And "taking legal advice" via solicitors is likely to be not economically viable (approx £400 spent on the goods). They were ebay purchases so I should be covered at least to return the one useless recorder, I would think, but the seller is refusing to give a return address. Perhaps escalating the complaint is the only way in this instance.

hermum

If you escalate, as long as you're still within time then you'll be given the address to return to.
You will have to cover the return costs yourself, but will get back your full initial payment.

Taadaa

You must send the items back tracked and you must enter the trakcing number into the eBay case as soon as you have it. The timescales are quite strict. After 4 days if there is no response you can escalate it, and then I think after another 4 if they do not respond you will get your money back.

richto

In the circumstances I would be tempted to post him a brick via Special Delivery, with a note wrapped around it telling him where he can collect the items from....

Dont return anything until told to via the eBay dispute.