Been conned UPDATED with seller response

pinkshoes

I'd just leave a factual neg and low stars. Their selling career will be short lived!

SAHD_Jim

Meadows wrote: »

Unless you had a good, honest seller (and I guess they are not if they sold you a faulty unchecked game) then as you have been refunded then I doubt you will receive any further refund of cost. So a neg feedback is your only way to go, also word wisely as they could get eBay to remove a negative feedback dependant on what you say (and as the feed back in limited to characters not too much you can say, also remember you can counter feedback and you can also respond to their feed back left for you)

Just to clarify the last point, sellers cannot leave negative feedback for buyers anymore - it is no longer an option. If a seller leaves a positive green dot but with a negative comment then Ebay will, on complaint, remove the comment but leave the green dot.

Also if the seller responds to negative feedback received, the buyer always has the opportunity for the last word. Just as long as the feedback is the truth, the buyer should be fine.

RFW

epm-84 wrote: »

DSRs apply to UK based companies not to individuals selling stuff they don't want. Even if you buy off a Channel Islands based company like Play.com your legal rights are very limited.

DSRs apply to businesses (not just companies), that is true, there are many people who don't believe they are businesses when they definitely are.

How the law gets interpreted as regards private sellers on EBay hasn't ever really been tested, there also is a question as to what constitutes a private seller. Simply saying "it's a private seller you've lost your money" isn't necessarily correct.

For all we know this could be a business seller with several private accounts, if they get reported to Trading Standards and they've had other reports for the same address/person they may do something.

Hollie84

alykatz wrote: »

Can i just add please dont mention anything in messages about you leaving a possible neg and bad stars for them. The reason being that it could be viewed as feedback extortion and on this basis a canny seller could get it removed..

O yes i know this had this happen to me a while back when i first started selling,had a buyer threaten neg feedback and then ebay removed it

Hollie84

epm-84 wrote: »

How does £5.30 compare with the cost of what you were charged for P&P on the item listing and did you use the same method of postage?

Yes same method of postage was used

Crowqueen

As I understand Ebay are looking into being able to refund a return postage but it is a minefield as honest sellers won't be too happy at having a sum held by Ebay for return refunds.

The American eBay provides return labels which it then can bill the seller for. So they could if they wanted institute that kind of system over here. It is however an opt-in scheme at present; I think the law is very different in the US regarding who pays for faulty items, which is why eBay don't make it compulsory. Currently a prepaid label is provided when a seller does not respond to a dispute and the buyer I believe only has to prove postage rather than delivery. So it could be that in the future return postage would be rolled out as a service eBay offer the buyer and they may find a way of billing the seller in the case of a dispute or if the seller opts to pay for it. I hope they do - however, I think if it happens the forums will go into meltdown so I suspect they want to get a more rigid dispute resolution system in place first, as they are bringing in in the spring - where there has to be concrete evidence of contact with the seller before the buyer can go to dispute.

If it is a private seller it is becoming customary to provide return postage costs. I'm not sure of the law but faulty items come under SOGA and that might have a clause on sales where the seller is private. I'd certainly refund postage costs. eBay's policy is only for dispute purposes - I'm sure if it were possible to refund return postage costs they would enforce it a bit better.

epm-84

RFW wrote: »

For all we know this could be a business seller with several private accounts, if they get reported to Trading Standards and they've had other reports for the same address/person they may do something.

For a seller selling used board games I think it's unlikely that they are a business seller trying to act as a private seller.

RFW

epm-84 wrote: »

For a seller selling used board games I think it's unlikely that they are a business seller trying to act as a private seller.

How would you know that? If they go round charity shops buying games to resell then they are a business. I'm sure there are plenty of businesses that sell second hand games.

saterkey

I would give negative and stars and chalk it up to experience, i think a lot of people are a bit fed up with ebay one way or another.

Hollie84

Despite another email yesterday telling them ebay was aware that they hadnt refunded me in full i have still had no reply.so neg and low stars it is then