Wrong item sent- surely I haven't got to pay to return?

pulliptears

[quote=[Deleted User];56539549]I advised the seller I would happily send the item back if he refunded the item cost and postage PLUS whatever it costs for me to send back.

But he wont do that and wants me to send the item back first. I fear then I'll be chasing him for that postage.[/QUOTE]

Does he think you want a full refund before returning? Because thats how that reads.

Have you clarified that you require X amount to return now and then a full refund when he has the item back in his hands.

[Deleted User]

pulliptears wrote: »

Does he think you want a full refund before returning? Because thats how that reads.

Have you clarified that you require X amount to return now and then a full refund when he has the item back in his hands.

Yes. I told him refund the return cost then the rest when he gets it.

Hes trying to blackmail me now by saying he will refund it all if I give him positive feedback in advance? And then he doesnt want item back.

Can positive be changed? Just concerned if I do this he'll then have nothing to fear and not give me a refund then.

Taadaa

You cannot change feedback once it has been left. Ebay will find in his favour if you do not return the item tracked now you have opened a dispute. It is best practice to refund return postage if the seller has made a mistake, but I believe under DSRs they should specify in the listing whether they will pay it or not. They cannot be made to, by ebay or legally.

So i am afraid if you want any money back, you will have to return it via a tracked method. If you don't send it tracked, they may claim theiy haven't received it and without a number ebay will find in their favour. By the way, there are timescales attached to these disputes, so if you don't return and enter the tracking number within these ebay will close it and again you will get nothing back.

Can you sell it on, and leave appropriate feedback?

[Deleted User]

Thats nuts. If seller sends the completely wrong item, its their fault. I'll be out of pocket to return it.

The thing is the seller sent an old obsolete version of the thing (its a computer homeplug) which is completely worthless. Its fairly bulky so its going to cost me £5 to return.

Fair enough if you buy something and then decide you dont want it. But if the seller doesnt send the right item its their problem.

If this ever happens again I'll be saying I didnt recieve the item (it was sent normal post). Wish I'd done that this time. Another example of where being honest does not pay.

Hollie84

I sent an item back,not as described,parts missing etc and i have been refunded original costs but not return postage,the seller is an !!!! and is ignoring my emails.she was fully aware that she would have to pay me my £5 return costs but unfortunately she is one of those sellers,hopefully u have a more honest one

JohalaReewi

Did you pay by credit card?
You could try your credit card company for a section 75 claim.
Also check out the unsolicited goods act.

A possible option could be that the goods you received are unsolicited so it is up to the supplier to arrange to have the items returned at thier expense. If they don't, the goods are yours to keep. At the same time, you have not received the goods you have paid for and the seller will not refund or supply the goods so you may be able to claim a full refund from the credit card company.

Hermione_Granger

A few corrections.

JohalaReewi wrote: »

Did you pay by credit card?
You could try your credit card company for a section 75 claim.
A S75 claim won't work. For this to apply the item must be over £100 and there must be a direct link from the credit card company to the seller. By involving Paypal, this link has been broken.
Also check out the unsolicited goods act.
The item is not classed as unsolicited goods as a request was made by the OP. Wrongly delivered goods are not unsolicited.
A possible option could be that the goods you received are unsolicited so it is up to the supplier to arrange to have the items returned at thier expense.
If the item was unsolicited, (which it isn't), you no longer need to give the sender the opportunity to collect as they automatically become the property of the person who received them.
If they don't, the goods are yours to keep.
What use is this as the goods have already been paid for.
At the same time, you have not received the goods you have paid for and the seller will not refund or supply the goods so you may be able to claim a full refund from the credit card company.
A chargeback could be attempted, but as Paypal will refund when the wrongly supplied item is returned, the chances of a chargeback being successful are very low.

booter

[quote=[Deleted User];56541931]

Hes trying to blackmail me now by saying he will refund it all if I give him positive feedback in advance? And then he doesnt want item back.

[/QUOTE]

Isn't this feedback extortion? I think so - I'd report him for this at least. And I'd make sure e-bay know he's said he'll refund it all.

JethroUK

[quote=[Deleted User];56539663]Nice one ebay. Opened a dispute and apparently I've now got to return the item at my cost for a refund.

So buyer sends wrong item and I'm out of pocket.[/QUOTE]

Thats not only wrong - but illegal - you could take them to small claims


Suprised Ebay sided with selling goods not as described unless we're missing some of the story

Have they confirmed that you wont get the return postage back (they maybe intending to refund both at same time)

Does the seller acknowledge they have sent the wrong item or is that just your opinion?

George_Michael

JethroUK wrote: »

Suprised Ebay sided with selling goods not as described unless we're missing some of the story

They didn't.
Ebay have found in the OP's favour and a refund will be given (item + original P&P) when the item is returned.
This is all that they have the legal right to give as they don't have the power to force a seller to refund more than the amount they were originally paid.