The seller doesn't want to refund and the item is not working

mess0804

Hi,
I just bought a phone off ebay and the listing has ticked at returns policy says returns accepted.
The phone is not working properly, I have noticed from the first day that it plays up, opens apps by itself, freezes ...
I have contacted the seller but he just says to take it to a high street shop to have it reinstalled the software. He hacked it somehow, installed another version, and that's why it plays up... I am not that savy, I just want a working phone

I opened a case, but it will take up to november to sort, the phone was £200 ... what can I do ?

I have tried to click on return but I get an error saying this is just for UK sellers, The item location was UK, on ebay.co.uk, bu it appears that the seller first registered the account in Italy (how was I supposed to know that he can do that and know the returns doesn't work ?)

What can I do ? can I contact ebay somehow ? If by november the seller takes the money from his paypal is there anything that ebay can do ? or I will just be with an unusable phone for 2 months and £200 out of my pocket ?

nikki1520

Have you opened the case in Paypal or ebay?

Either way,most likely you'll be intructed to return for a refund once the case has been examined. Make sure you use a fully tracked and insured service - special delivery in the UK, and buy additional insurance if going overseas

mess0804

I opened a case in ebay. But the case resolution will be on the 6 november. it is too long to wait without a phone.
The seller knew that he's tweeking with the phone made it play up, but he just took the easy way out: sell it on ebay ! I don't trust he will ever refund me or if I send it back admit he has received (he could claim that I sent an empty box)
I have 5 years on ebay (and about 400 good reviews) but this is the first time that I am being conned ... and by such a big amount ! I have check his reviews before buying, I have checked that it was saying refunds accepted ... but know if I try to refund ebay says the seller is not registered in UK. How was I supposed to know that if the location is UK ?

nikki1520

It doesn't matter where he is.

Send it back tracked and insured. You will get your money back, and he will have to pay Paypal back if he hasn't got the money in his account.

If you send it back tracked, your reciept will show the weight of the item - this will prove you haven't sent back an empty box.

He will have no choice but to refund you as long as you return it tracked and can show attempted delivery or actual delivery on the online tracking.

No_Eye_Deer

You don't have to wait until the 2nd of November, that will be when the case times out probably (from memory, 37 days after opening).

After 8 days, escalate the case to a claim. ebay will review and make a decision (usually a couple of days later).

jen245

I had exactly the same problem recently, my seller actually refused to refund me even after having the phone sent back, and admitting there was issues with it!
Send the phone back by Special Delivery, make sure you keep your receipt with the tracking number, after 8 days of the case being opened, escalate the dispute to a claim. eBay will ask for the tracking number, so input into the tracking number into the dispute. You will get your money refunded within 24 hours. Even if the seller refuses the package, as long as the tracking shows that delivery was attempted, you will get your money back. And don't get into any further communication with the seller, it's pointless, just let eBay deal with it now.

mess0804

Thank you guys. The seller refuses to acept refund (so I don't have his address to send it to). He says that it's my fault that I restored the phone to factory settings !!! He sent the phone in a differrent language and all full of his photos and apps, I have restored it to have it clean to use. Apparently he installed a fony software on it and because I pressed restore it's my fault !
I will wait and escalate, I never had an issue with ebay before I don't know what the procedure is.

Jen_Jen1985

dont worry about not having their address just yet, ebay will give it to you when they tell you to return it.

mess0804

I need help ... again.

Ebay has decided that the seller should refund and gave me the address, but the seller sent me a message that if I have done soemthing to the phone he will claim as I broke it. I have raised the case in the first day that I received it as it wasn't working , can he now blame me and send it back, refuse to refund ? if I send it to him and he doesn't refund I am better off to send it to a recycling company)...
Please help as I have no experience in claims and this is the most expensive thing I got off ebay in the last 5 years, worth £200 ... and it had to go wrong !

theonlywayisup

mess0804 wrote: »

I need help ... again.

Ebay has decided that the seller should refund and gave me the address, but the seller sent me a message that if I have done soemthing to the phone he will claim as I broke it. I have raised the case in the first day that I received it as it wasn't working , can he now blame me and send it back, refuse to refund ? if I send it to him and he doesn't refund I am better off to send it to a recycling company)...
Please help as I have no experience in claims and this is the most expensive thing I got off ebay in the last 5 years, worth £200 ... and it had to go wrong !

Please don't worry. You must do exactly what is said below.

Send the phone back with Special Delivery (not record) to the address Ebay gives you. Keep the certificate of posting and when you get home upload the tracking to the Ebay dispute.

DO NOT UNDER ANY CIRCUMSTANCES CLOSE THE DISPUTE.

Once the item shows as delivered, attempted delivery or refusal, then ring Ebay and ask them to close the case. They may not do it immediately, but if you do as said, you will win.

Don't correspond with the seller and don't be put off by what he says.

mess0804

Thank you. I am very stressed as this is high value, I am afraid I am going to loose twice...
The seller threatened that he will open a case that I broke the phone as he has my first email where I said that I pressed restore to factory settings ... and apparently this broke" the phone.
Can he claim with ebay after I send the phone back that I damaged it and I lose both the money and the broken phone ? sorry, I just don't know how it works