HELP! ebay seller sent me totally wrong item

metachic

Hi everyone

I have a huge dilemma!

I bought a phone off ebay. I even offered to pick it up. He said he was busy. All hunky dory up till here.

I received a box a couple of days later with something totally random which I didn't order. Meanwhile I still had not yet received the phone. In my mind, it had already occurred to me that the seller made a mistake.

It has now been over a week and he has just produced the tracking code that he apparently sent the phone with. It corresponds to the box I had received.

So this is my question, Ebay says that as long as the tracking code shows that the delivery has been made, they will assume that the item has been received.

But what about in my case? Where I have no idea where the item is? And I'm guessing the seller doesn't either seeing as he is so adamant he sent the phone out.

I have already opened a dispute as this seemed the only way to get the seller talking.

Please advise me on what I can do! And how to speed the process along. Many thanks.

steveo3002

is the wrong item something that looks like a genuine mistake ..or a scam to just get a signature for it?

alfiesmum

If it's not what you ordered, then the item is 'significantly not as described'. When Paypal tell you to, you will need to return it via a trackable method, special delivery, . When it's recorded as being delivered back to the seller, then Paypal will refund your money. The return postage is going to be at your expense, but you can't get around that.

Does the sellers account seem okay? No bad feedback etc?. You can look at items they've sold recently, if what you actually received is amongst them, then maybe he posted it to the wrong buyer. He might still get in touch. Of course you didn't mention how much money was involved, so he might not...

Meadows

This could be a scam, sending one item tracked to make it look as though you got the item ordered.

What does their DSR show?

Not sure what eBay/Paypal will do with this as he has sent tracked and you have received tracked item (even though not the one you purchased). So it will most likely come down to your word against theirs and the only out come maybe small claims court but again you have to prove you were sent the wrong goods.

If you were to return at your cost as not as described the seller could dispute but then how do they prove that what you sent back is not what you received!

theonlywayisup

Where did you open the dispute?

Do NOT under any circumstances close the dispute.

Do NOT waffle or enter into protracted communications. State merely, the item you have is not the item you ordered. Escalate the dispute and when prompted send the item back by SPECIAL DELIVERY, not recorded.

Upload the tracking when asked.

starrybee

I think the problem is that OP has opened an INR dispute instead of a SNAD?

theonlywayisup

starrybee wrote: »

I think the problem is that OP has opened an INR dispute instead of a SNAD?

Well that's neither a problem or a dilemma.

An INR can be changed to a SNAD.

metachic

Hi guys

Thanks for replying so quickly!

I ordered a phone. What was sent to me was some crummy mobile phone speakers.

He said he had some sort of family emergency and that's why he was so bad at replying. But I know that's a load of crap as once I threatened him with opening an Ebay dispute, he replied within 5 minutes.

The seller seemed legit. 100% feedback of 49 responses. Not amazing but doable I thought. He had sold phones before and there was only 1 neutral response.

Sorry but I do not know what DSR/INR/SNAD mean!

I opened the ebay dispute before I received the tracking code so I opened the dispute saying I had not received the item. He didn't want to reply in the dispute either and just replied to be separately through the messaging section, which I also thought was really odd. He said I was being unreasonable but considering the amount of money I spent, I really don't think I was being unreasonable!

Since getting the code, I have photographed the box he sent me, where the tracking code and my address can be clearly seen and also the contents of the box.

Should I change the type of the dispute to "item different" or should I just keep it on the "have not received" ?

metachic

Also, I checked what his other listings were at the time that the phone listing ended. All that was there was another phone.

He sent me some crummy speakers. So I'm not sure if it's a scam or genuine mistake!

theonlywayisup

Change the dispute to 'item different' if that is the option you have.

Do not close the new dispute.

Explain that the item has been received but it is not the item you ordered. You ordered a phone and some speakers were delivered.

Then escalate the claim, you will be told when you can do this.

You will then be told you have to return the item tracked *use special delivery to return it (or a courier). Then upload the tracking. You will then get your refund.

If you get stuck, or don't understand what anyone on here is saying, ask. Don't feel you are being silly.

INR - item not received - which was the first case you opened.
SNAD - significantly not as described - which is the case you now need to have.
DSR - Either Distance Selling Regulations (if dealing with a business seller) or Detailed Seller Ratings - the stars you leave alongside feedback for your seller.

You can only open ONE case, so make sure you don't close the new one. The only time you can have TWO cases is in circumstances such as this, first it wasn't received and then it was the wrong item.

Meadows

metachic wrote: »

He said he had some sort of family emergency and that's why he was so bad at replying. But
Sorry but I do not know what DSR/INR/SNAD mean?

Family emergency - That old chestnut

DSR - Detailed seller ratings
INR - Item/s Not Received
SNAD- Significantly Not As Described