Protection for seller

karanight

I sold an item on ebay and the buyer has now come back (after 36 days) saying the item is broken. It wasn't broken when it was sent to them and they sent a message saying that it worked, but they then sent a message saying that it doesn't work.
They then opened a dispute on ebay and ebay took funds out of my paypal account until the dispute is settled.
How can this be right when (as far as I'm aware, English law say's they have no rights as the item was 2nd hand) (even though it was in good order when they received it) and also paypal say's that they can withhold payment for only 21 days.
If paypal can only hold money for 21 days how can they justify allowing ebay to put a freeze on my money for longer that that.
Do I as a seller have any rights here or can the purchaser just walk all over me (With ebay's help)

theonlywayisup

A dispute can be opened 45 days after purchase.

karanight

Thanks
I know a dispute can be opened 45 days after purchase.
What I was asking is if paypal can only hold money for 21 days how can they justify allowing ebay to put a freeze on my money for longer that that.

theonlywayisup

Paypal holding funds for 21 days is not to do with this.

Paypal and Ebay allow a buyer to open a dispute for SNAD (significantly not as described) for up to 45 days after purchase. This is what a buyer will open if the item is broken.

RFW

It depends a lot on the item, how it was described in the listing and what the alleged fault is as to what may happen.

If, for example, you sold a second hand 3 legged table and the buyer is now claiming that it should have had 4 legs you will win a case. If you sold a second hand table and had a picture of one with 4 legs but sent one with 3 then the buyer would win. Sellers can often win cases but it varies and if it is 50/50 Ebay tend to support the buyer.

theonlywayisup

RFW wrote: »

It depends a lot on the item, how it was described in the listing and what the alleged fault is as to what may happen.

If, for example, you sold a second hand 3 legged table and the buyer is now claiming that it should have had 4 legs you will win a case. If you sold a second hand table and had a picture of one with 4 legs but sent one with 3 then the buyer would win. Sellers can often win cases but it varies and if it is 50/50 Ebay tend to support the buyer.

Do you have a leg theme going on? Was it you who had the cat with 5 legs?

Perfectly described, OP. A canny buyer will convince any Ebay/Paypal dispute and the favour will rest their way.

RFW

theonlywayisup wrote: »

Do you have a leg theme going on? Was it you who had the cat with 5 legs?

Perfectly described, OP. A canny buyer will convince any Ebay/Paypal dispute and the favour will rest their way.

It was 6 legs!

I was trying to point out under what circumstance the buyer wouldn't have a leg to stand on:D

karanight

It was a knitting machine in perfect working order and 36 days after the buyer receive it I got a message saying it worked OK but some needles we're broke (they easily break when an inexperienced person uses them, but there easy to replace)
After I received the message saying it worked I offered to pay £10 to cover the broken needles (even though there was no broken needles when it was sent). I then got a message saying the machine doesn't work at all and she opened a dispute asking for all the money back. There are clear lies in her messages and I find the whole process unfair the the seller
The buyer has had 36 days to break needles
Are ebay above English law

theonlywayisup

eBay are not above the law, but there are protections in place for both buyer and seller.

The buyer will be asked to return the item to you for a refund. Only when you have it back might you be able to see the problem.

JillyCornwall

I sold a quite pricey ring on Ebay...received by buyer in perfect condition, feedback left both ways all super. A month later i got a SNAD claim. A small stone had been lost from the ring. I had no option but to accept it back & refund in full according to Ebay CS because it was not 'fit for purpose'! when it arrived back the claws to all the stones were full of wool strands..it had obviously been worn with & snagged roughly on a jumper. Nothing I could do about it. Luckily for me gold rose substantially & in the end it scrapped for more than I'd sold it for!!!

karanight

Update
The knitting machine was finally returned by the buyer and it was badly damaged. When the package arrived you could here bit falling about inside so I videoed it as I unwrapped it, it was so badly damaged that it was unsellable. I contacted ebay and told them. They didn't want to see the vid but they asked me to send photos which I did and them but they still found in the buyers favour and returned the money to her.
I've been going round in circles with ebay getting nowhere so I put the video on you tube and sent a link to everyone I know and put in on face-book and I told ebay what I was doing and hay presto within no time at all they reversed their decision and paid me the money back into my paypal account.
ebay exist because of the internet and I think the only way to fight them is to use the same internet against them
Long live consumer power