ebay seller lied and won the dispute

wealdroam

bobeh110 wrote: »

do you know how much it costs to take someone to a smalls claims court and how i manage to this?

https://www.moneyclaim.gov.uk/web/mcol/welcome

bobeh110 wrote: »

and how can i track the iphone

No idea how you do that, but as you sent the same phone back to him that he sent to you, it is just him claiming that you have pulled a fast one.

No point in trying to do any tracking IMHO.

unholyangel

bobeh110 wrote: »

He is a reputable seller this is what has astounded me. I just cannot believe why he has done this. I am honestly just gobsmacked to say the least more than anything. He has around 500+ good feedback but I am the same and have never disputed anything before.

It was his sim that was in the phone when I got it which I sent back to him with the phone.
Paypal actually wont tell me what he said I gave him back. I assumed it was another phone.
If I knew what it was at least I would proof of the weight I paid with the royal mail.
The IMEI was not on the listing.
I think this is just my own stupid fault. I have sent paypal a complaint about the dispute because i do not understand if i sent him his item back how on earth he has proof that i didn't

proof of the weight you paid? didnt you retain the proof of postage?

And you should at least contact paypal and ask if they can provide you with details of the dispute as you are taking the seller to small claims.

Again, did the ebay listing contain reference to an IMEI? Was it buy it now or auction? Do you have a copy of the ebay listing?

bobeh110

Yes I have the proof of postage.
I have phoned paypal over 20 times today and said I have exhausted the dispute and will not be talked to again. I also was told they cannot give me any information about what he said. They produced him a document for him to sign to basically say he is telling the truth which paypal state is now a legal document and that is their evidence for him to win the dispute.
The listing did not contain the IMEI and it was a auction. Yes I can take a copy of the ebay listing.
Would the claims court be able to do anything if it is my word against his?

Guardsman

Where is the phone now

arcon5

Wywth wrote: »

That's if the seller was lying. We only have your side of the story.

My response was based on unholyangel's response/assumption.

If you are to be believed, then the phone is no good to the seller anyway as it turns off after 5 seconds :cool:

Well, ye... isn't that the case with pretty much every post around here?

pulliptears

You may fall down with proof of postage because to win any paypal claim you need proof of receipt.

Nothing stopping the seller saying he's not even got the phone and you can't prove he has. Similarly, if you filed a small claim you still cannot prove he has the phone. Yes, he's currently saying you sent something else back, but when he suddenly says "Oh, I was mistaken this is another phone from another buyer and I haven't had yours back" you are stuffed.

Proof of postage is NOT proof of receipt.

Ignore. Was sent via Special.

bobeh110

I used special delivery which has a tracking number which proves it was delivered to his address. Is this not proof of receipt?

arcon5

Small claims is based on the balance of probabilities.... i'd say the fact the seller has defended a claim based on the fact a different phone has been returned would be sufficient in demonstrating they received the return.

As for the sender changing their story... this would certainly look suspicious, and potentially damaging to their defence... 50/50 at worst if they changed their story imo.

Op, keep any complain (or court claim) simple...

'Product purchased for £x on x date, up on receipt of product on y date a fault was discovered and the goods subsequently returned. We hereby claim a full refund which has not yet been issued by z company.'

I suspect a judge would be looking for the retailer to persuade them that the return was in fact different.



Editing to Add:

Yes the tracking info would be sufficient.

pulliptears

bobeh110 wrote: »

I used special delivery which has a tracking number which proves it was delivered to his address. Is this not proof of receipt?

In which case ignore my post, yes its enough. You referred to proof of posting which usually refers to the little slip you get at the Post Office. As you sent it tracked then yes, you are covered and I'll edit my previous post so as not to confuse

bobeh110

i am writing to the financial ombudsman as well. do you think i should explain everything or keep it simple again?