Sold new phone buyer says it is faulty

steveE2

^^ Expect Spam posts to start soon

geminilady

Crowqueen wrote: »

You need to ask for them to return it and refund it. Electronic items can be funny straight out of the box, it does happen.

Unfortunately, much as you need the money, if something doesn't work, then the buyer has a right to it back.

Try what Scrumpy says, but you are legally obliged, as well as obliged under eBay systems, to make sure the buyer has a working item. If you describe it as working (or sell it assuming that is working, as a new phone) in the listing, then it needs to be working on arrival.

If it is returned and it works, then you can resell it. Unfortunately, on eBay, you can't just take the money and run - buyer satisfaction is also important.

well sent an email asking him to check his setting ect not heard anything for 2days so maybe it was something simple,also phoned Ebay and although he had a strong accent i think he said I don't have to refund ?and I would win if he opened a case

GamerInfo

What was the make/model of the phone? Was it a nokia Lumia by any chance? I only ask as ive just had to send my Nokia Lumia 800 back for a replacement after 1wk. Every time i made a call the screen would automatically go blank - the only way the call could be ended was by repeatedly taking the sim card in/out - the power button was un-responsive.

The problem with the Nokia Lumia phone 800 phone is that unlike other phones you cannot remove the battery - so until the phone decides to turn back on the call will still be going ahead - you cannot use a phone this way and it's definitely a fault thaqt cannot be fixed by the buyer - like i was told, the only fix is a replacement....

My phone was a new upgrade i'd taken out and so my phone provider had to provide a replacement - the phone switching off when making a call is a screen error and the only way the buyer will get around this is if they return it to you and you either contact Nokia or contact the company/person you got it off

GamerInfo

geminilady wrote: »

well sent an email asking him to check his setting ect not heard anything for 2days so maybe it was something simple,also phoned Ebay and although he had a strong accent i think he said I don't have to refund ?and I would win if he opened a case

Whoever you spoke to at ebay was wrong on all counts - unfortunately you WILL have to refund if your buyer opens an Item not as described case. If you do not have the funds in your paypal account ebay/paypal will make the refund on your behalf and then you WILL be chased for the money you owe - if you do not make payment to ebay/paypal within a specified time (30 days as i recall) you will lose all buying/selling priviledges on ebay - you could quite possibly end up with you account closed and the debt collectors at your door!!!!

I would suggest you do the right thing and ask the buyer to return the handset for a full refund....

geminilady

GamerInfo wrote: »

Whoever you spoke to at ebay was wrong on all counts - unfortunately you WILL have to refund if your buyer opens an Item not as described case. If you do not have the funds in your paypal account ebay/paypal will make the refund on your behalf and then you WILL be chased for the money you owe - if you do not make payment to ebay/paypal within a specified time (30 days as i recall) you will lose all buying/selling priviledges on ebay - you could quite possibly end up with you account closed and the debt collectors at your door!!!!

I would suggest you do the right thing and ask the buyer to return the handset for a full refund....

It was a new phone as described! he has been using it for nearly two weeks I presume it has a warranty so if there is a fault don't see why he cannot return it,fed up with Ebay anyway already been scammed for a £80 pair of boots that they said did not arrive,made sure this was tracked,brand new and still can't win.By the way do Ebay record calls because their staff should give the right advice

GamerInfo

geminilady wrote: »

It was a new phone as described! he has been using it for nearly two weeks I presume it has a warranty so if there is a fault don't see why he cannot return it,fed up with Ebay anyway already been scammed for a £80 pair of boots that they said did not arrive,made sure this was tracked,brand new and still can't win.By the way do Ebay record calls because their staff should give the right advice

Ok, for the record, ive been where you are right now - i too sold a brand new and unopened item - 1wk after the buyer received it they opened up an item not as described stating the item was faulty. With this being my first ever dispute on ebay in 7yrs of being a member i fought it - just because something is brand new does not mean it cannot be faulty - batch/manufacturing faults are quite common.

To cut a long story short i wasn't willing to accept a return as my listing stated 'returns not accepted' - as far as i was concerned the item was as described it was brand new and unopened therefore 'not tested' - the buyer escalated the case to ebay and after several days they found in my buyers favour - i was 'forced' to refund by way of ebay refunding the buyer on my behalf and me owing ebay.

The buyer sent the item back to me fully tracked - only he left out one small thing - he never included the item in the package he sent back - i took this up with ebay, but it was no good, they still refunded my buyer and i was left £250 owing to ebay. They gave me 30 days in which to pay them or i lose my account.

I had to appeal and did actually win - this was nothing to do with the bhuyer and was merely to appeal whether i had to pay back ebay - it meant nothing though in the end as i still ended up with a nice red neg....

After this my advice to anyone in this situation would be just accept the return whatever the reason and refund your buyer - it's really not worth the sleepless nights and constant worry...

Regarding the recorded phoencall - i bet ebay dont have access to that particular recording should you need it.....

There are many instances of ebay operatives giving out incorrect information - paypal do it too - means nothing if your buyer opens an item not as described and complains it's faulty!!! i guarantee ebay will side with the buyer and you WILL have to accepot a return and you WILL have to refund them ALL of their intial payment (including the postage)....

If the item was brand new - what proof are you going to provide to dispute the buyers claims when it comes to a dispute?

In terms of the length of time your buyer has had the phone - the buyer has 45 days in which to open a claim so as far as ebay and paypal are concerned your buyer has around 6wks to 'play' with the item and are still well within their rights to open a case, and will most probably win when it comes to faulty goods!!!!

Ask yourself this 'if you'd bought that phone and it turned out to be faulty after only 2wks, would you want a refund?'

ThinkingOfLinking

If the buyer won't send the phone back, and if you have the IMEI number, I would get the phone blocked.

scrumpyjim

Flickering_Ember wrote: »

If the buyer won't send the phone back, and if you have the IMEI number, I would get the phone blocked.

If the buyer has decided to keep the phone why would you block it? Also the OP has already said she didn't note the IMEI.