eBay restocking fee vs 'buyer protection'

musicboy

I bought an item which said it fixes a common fault with the wipers on my vehicle (the fault is poor quality bearings meaning the wipers don't wipe properly). The photo shows a complete linkage and for £35 it's reasonable to expect to get what's in the photo. (Listing 390433211556)

All I received is the two bars at the front. The seller says that if I check the listing carefully I will see it doesn't say I get the full linkage but only the 2 bars (I can't see this anywhere ..). My reply was that I would expect to get the full thing. He said 'we also sell wipers but you don't get the car do you?', sometimes it's obvious you don't but I think this item was misleading.

Anyway, I don't need the bit I got, so I emailed to return them for a full refund (the listing states they charge a 25% restocking fee). He replied with the address, yes no problem, etc.

My refund has had the 25% removed. I emailed him pointing out that under the circumstances of the auction - business seller, buy it now, problem flagged within 7 days, item returned at my expense unopened - by eBay rules and by the Distance Selling Regs, I should receive a full refund and they are not allowed to charge a restocking fee. He replied saying I would need to take legal advice as they aren't refunding.

I tried to ring eBay and they said I cannot start a claim because a refund has been processed. I said 'what about buyer protection, if I bought an item for £100 and I got a refund for 1p, I couldn't claim then?' and she said yes, unfortunately that is the case.

I can't claim with Paypal because I requested the money back into my account (I desperately need it in there) and the transaction hasn't been completed yet, so it doesn't let me.

The seller has broken the DSR by charging me a restocking fee (for a pristine item returned at my expense), yet there doesn't seem to be a thing I can do about it, other than Neg him and move on ... !

I know it's only £8 but I don't like being taken the michael out of, the ex-wife does plenty of that already ....

Thanks for listening !

kev225

Seems quite obviously misleading and I too could not see where it specifically mentioned what was included.

All it said was you get a 'kit', that's quite vague and why include something on the picture that isn't there.

The smart mouthed comment would annoy me as well, even if I've sold something to a complete idiot they deserve a polite reply as a customer.

Personally, I'd get my Dad to order other useful things from the seller using his account, then deny they arrived. I certainly wouldn't be out of pocket because of a sellers misleading advert.

lovinituk

If you can't raise a Paypal claim then your only option is small claims which is pointless for the amount involved. Leave them negative feedback and then contact Trading Standards to make them aware. Not a lot more you can do really.

kev225 wrote: »

Personally, I'd get my Dad to order other useful things from the seller using his account, then deny they arrived. I certainly wouldn't be out of pocket because of a sellers misleading advert.

So committing fraud in retaliation is the right thing to do is it!! Give me a break!!

kev225

lovinituk wrote: »

So committing fraud in retaliation is the right thing to do is it!! Give me a break!!

I wasn't advocating getting any more than the £8 the OP has been conned out of.

That sounds more like justice than fraud, but keep balancing on that moral high horse whilst advising pointless (your words not mine) methods for the OP to get what is owed.

lovinituk

kev225 wrote: »

I wasn't advocating (your word, not mine) getting any more than the £8 the OP has been conned out of.

That sounds more like justice than fraud, but keep balancing on that moral high horse whilst advising pointless (your words not mine) methods for the OP to get what is owed.

I'm comfortable in the fact I have morals rather than advocating fraud over the sake of a poxy £8!!

kev225

lovinituk wrote: »

I'm comfortable in the fact I have morals rather than advocating fraud over the sake of a poxy £8!!

£8 is infinitely more than the £0 the OP should be out of pocket.

I have morals, just mine don't sit well with watching people get screwed by the dishonest. I fail to see why any set of morals by which the conmen of this world will profit can be deemed as 'comfortable'. :T

F&L

I didn't think the DSRs allows for a restocking fee to be taken? Ebay imply it is allowed but their policies don't override the DSRs. Are you sure you can't open a chargeback as the full amount hasn't been refunded (I don't understand your comment about why you can't)? Part refunds are often given on paypal payments (postage discount etc) and it can't be the case surely that any partial refunds makes a claim impossible?

I would also report this seller to Trading Standards as they are in clear breach of the DSRs. If their listing is misleading then this in itself is a separate breach.

Crowqueen

It's always best not to go for vigilante 'justice'. It doesn't do you any favours and it's really annoying for legitimate sellers to get false INRs, so in the interests of the community, ...don't.

lovinituk

kev225 wrote: »

£8 is infinitely more than the £0 the OP should be out of pocket.

I have morals, just mine don't sit well with watching people get screwed by the dishonest. I fail to see why any set of morals by which the conmen of this world will profit can be deemed as 'comfortable'. :T

Defrauding a business out of £8 (it's £8 !!!!!! and the OP said it's not about the money!!) is likely to go totally unnoticed by them and will achieve nothing more than making yourself 'feel better'. If you want to resort to crime and stoop to their level that's your look out. I prefer to teach my kids the difference between right and wrong so hopefully they will grow up to be better than some people on this forum.

Crowqueen

"An eye for an eye and we're all blind".

kev225

lovinituk wrote: »

I prefer to teach my kids the difference between right and wrong so hopefully they will grow up to be better than some people on this forum.

If you teach your kids to only see right and wrong, you're being quite ignorant of all the grey areas in between. I hope to give my son a better understanding of real life than that sort of folly.

How it can benefit the community to have sellers like these continuing to fleece the buying community without effective recourse I don't know.

Good luck to the OP in whatever course he chooses to take.