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

JethroUK

George_Michael wrote: »

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.

I dont even need to read Ebay T & C to know for a fact that aint true

If the item is not as described then seller HAS to refund return postage for glaringly obvious reasons

Alternatively (or more specifically), the OP/buyer has NO LEGAL obligation what so ever to return the item, at all, and just sue for full refund (price + p & p) and let the seller worry about how THEY intend to recover it

I'm pretty sure that even under DSR (i.e. even if they sent the CORRECT item) the seller can cancel the contract (which he has), have no responsibility to return the item at all (which he aint) and the seller has 30 days to refund the full price (inc P & p)

bottom line is the seller has to worry about how/if they intend recovering the item - not the buyer = so if the seller wont pay for it returning, then dont return it - the seller will still have to refund

and if you're suggesting that the Ebay "legal team" dont know this - you are mistaken for sure! - otherwise I'll take the job!

techspec

Just return it and then leave a big fat neg with a 1 for item not as described.

OR keep it, re-sell it - and leave a big fat neg with 1 for item not as described.

JethroUK

[quote=[Deleted User];56564063]Thats nuts. [/QUOTE]

Absolutely agree

[quote=[Deleted User];56564063]If seller sends the completely wrong item, its their fault. I'll be out of pocket to return it. .[/QUOTE]

It is their fault & their responsibility to recover it - not the buyers

JethroUK

techspec wrote: »

Just return it ....

No dont send it anywhere - just wait for the refund which you are legally entitled to - tell them it is not your responsibility to arranging for the wrongly sent item to be returned at all - they can arrange for it to be collected however they wish - and tell them they have just 30 days to refund in full

you could leave them a neg anyway - but i would be inclined to wait for my refund - then neg them

George_Michael

JethroUK wrote: »

I dont even need to read Ebay T & C to know for a fact that aint true

If the item is not as described then seller HAS to refund return postage for glaringly obvious reasons

I don't deny that the seller is responsible for the return postage costs, but what I stated is still 100% correct.
The enforcement of UK laws is the responsibility of the courts or Trading Standards and ebay have no legal powers to force the seller to comply with the relevant legislation as all they can do is to reverse the original payment.
They have no mandate to take money over and above the original amount from the sellers paypal account.

No dont send it anywhere - just wait for the refund which you are legally entitled to

And when ebay close the dispute and don't refund because there is no proof that the OP has returned the item, are we to assume that you will be willing to pay the OP the money that they lost due to following your "advice"?

The ebay & Paypal disputes are something that is provided in addition to your statutory rights and there is nothing to stop the OP from returning the goods and getting their £19 refunded then suing for the return postage.
That's fine in theory. In the real world however, there are not too many people who would consider taking legal action to recover £5 or £6.

theonlywayisup

JethroUK wrote: »

No dont send it anywhere - just wait for the refund which you are legally entitled to - tell them it is not your responsibility to arranging for the wrongly sent item to be returned at all - they can arrange for it to be collected however they wish - and tell them they have just 30 days to refund in full

you could leave them a neg anyway - but i would be inclined to wait for my refund - then neg them

Ebay and Paypal cannot and do not enforce any legal rights a buyer may have when returning a SNAD. If the OP wants a refund from their opened case, they must return the item tracked.

OP if you follow the advice from Jethro you may end up having to go down the small claims route. The easiest route is to do as the dispute asks and return it. If you have the option of adding that you wish to be reimbursed for the returns postage (in the case details) then do so, as EBay may provide you with this from their own coffers. PayPal won't even entertain it.

zzzLazyDaisy

I once bought a blouse from e-bay. Three weeks and several e-mails later the dozy seller sent me a pair of boots that should have gone to another buyer. She then e-mailed me and asked me to return the boots, saying that once she had got them back she would then post the blouse out to me.

At that point I cancelled the purchase of the blouse as I was going on holiday the following week and there was no chance of me getting the blouse in time. I e-mailed her several more times asking for the money for the return postage for the boots with no response.

As I was going away I returned the boots at my own expense - at which point she refused to refund the money I had paid for the blouse, or the postage for the boots, so I was out of pocket twice.

I opened a dispute and e-bay refunded the money for the blouse but not the postage for the boots (which was more than I paid for the blouse in the first place). So I ended up with neither the blouse or boots, and out of pocket.

The boots were worth more than the blouse - I should have simply kept them! (Actually they were my size too!)

JethroUK

George_Michael wrote: »

I don't deny that the seller is responsible for the return postage costs, but what I stated is still 100% correct.
The enforcement of UK laws is the responsibility of the courts or Trading Standards and ebay have no legal powers to force the seller to comply with the relevant legislation as all they can do is to reverse the original payment.
They have no mandate to take money over and above the original amount from the sellers paypal account.



And when ebay close the dispute and don't refund because there is no proof that the OP has returned the item, are we to assume that you will be willing to pay the OP the money that they lost due to following your "advice"?

The ebay & Paypal disputes are something that is provided in addition to your statutory rights and there is nothing to stop the OP from returning the goods and getting their £19 refunded then suing for the return postage.
That's fine in theory. In the real world however, there are not too many people who would consider taking legal action to recover £5 or £6.

I giving advice based in law and based in eBay t & c

therefor disregarding any points you make about those (case opening/closing whatsoever)

and based I'm law - the buyer has no obligation to return and STILL legally entitled to a full refund

JethroUK

theonlywayisup wrote: »

....

OP if you follow the advice from Jethro you may end up having to go down the small claims route.


.

true- the seller may be forced to adhere to the law of the UK

I for one would not eat the return postage of a wrongly delivered item just because eBay refuse to condone UK law

theonlywayisup

JethroUK wrote: »

true- the seller may be forced to adhere to the law of the UK

I for one would not eat the return postage of a wrongly delivered item just because eBay refuse to condone UK law

I am just clearing up any possible confusion. Your post regarding not sending the item back and awaiting the refund, may make the OP think this is automatic, it is far from it.

The easiest solution (bearing in mind this is £5/6 to return) is to do as Ebay said and then neg the seller.