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paypal dispute, what to do ?

hiya

i was wondering if anyone can give me some advice on how to procedd with my problem

i won an item on ebay around 8 weeks ago that was listed as brand new,however when i received it,it was damaged and clearly not brand new,i contacted the seller straight away and explained that it was clearly not brand new and he replied saying yes it was, i emailed again and said i was not happy, i left it about 10 days and had no further reply

i filed a claim through paypal stating it was not as described again heard nothing ,i then escalated to a claim and eventually paypal have agreed with me but state they were unable to claim any funds back at this time however they will try if any funds become available

now approx 10 days after paypal ruled with me the seller has sent an email through e bay telling me to send it back and he will refund me
do i send it back ,and end up out of pocket for postage or do i just hang onto the item and hope paypal may claim funds back eventually ?

i did state on the paypal dispute that i would accept a partial refund to hang onto the item as i did pay over the odds for a used item because it was listed as brand new

any help greatly appreciated
thanks boots

Comments

  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    Hmm.. on the face of it it sounds like a helpful offer but it's not a great sign that there are apparently no funds in his account with which to refund you.

    I guess it comes down to how much you trust him.

    How much money are we talking?
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • Hi
    I too had a similar problem, purchased shoes that was described as new and authentic.. when arrived they were covered in scratches and were most definatley fake. I too went down the road of reporting this to Ebay... in the end i had to send the item back to the buyer before i could get refunded.

    When you send back the item it must be recorded. If you are going through the complaints procedure your claim will be at a certain status, once you have sent item back select this in your status and this is where you input the recorded delivery number.

    I did receive my refund from the buyer.. don't give up, there are far too many con artists on ebay.

    Good Luck
    Happyhatter
  • boots1_2
    boots1_2 Posts: 166 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    hiya

    we are talking about £50.00 including postage,
    based on the reply that i received when i first received it i dont think he is to be trusted because his messages are very abrupt and as it has taken almost 8weeks to offer this and i believe the only reason he has offered a refund is because paypal have ruled with me and he knows either way i am going to be refunded

    i have been using e bay for about four years now and have not had any problems ,then since january i have had to raise 2 claims one i did not receive and then this ,is ebay getting worse or are there just more scammers out there now ????????

    thanks boots
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