Ebay not as described - seller claims I damaged item

stardog32

Hi all, would really appreciate some advice about this ebay problem.

I bought a netbook from ebay last week for £150. I've been on ebay for 6 years and had no problems really until now. The seller had a feedback of 1 so I was a little nervous about it but I'm usually trusting of people (everyone has to start somewhere)

I received it on Monday, opened the package and found one of the rubber feet missing from the bottom making it wobble, I took photos and sent these to the seller. He initially seemed helpful but refused to reimburse for it or accept responsibility. I was quite annoyed and several emails were exchanged back and forth, I threatened to start a claim about it and leave neg feedback which I slightly regret now. Soon after this spate of emails I switched on the laptop for the first time to see a black screen with 'operating system not found'. I emailed him about it and he said "joke. Is this what you do to get laptops for free?" I sent him a photo of the screen and since then he has claimed I've sabotaged the laptop because I wanted a refund due to the missing foot.

So I have started a 'not as described' claim, he claims the laptop was working perfectly when sent. I'm not allowed apparently to speak to anyone at ebay until 6th November when I can escalate the case, meanwhile he has free rein to make allegations about me and ebay says 'your action is required' so I feel I have to respond each time. Also his account was suspended but today they have apologised to him and reinstated it!

Can anyone advise, what's likely to happen? I'm worried ebay will side with this guy and I'll lose £150 and be stuck with a broken laptop. He's adamant the laptop was in perfect condition when sent. I don't know how I can prove I didn't damage it myself because I was angry about the other fault. It's complete lies but I can see how an onlooker might believe him.

RFW

Why did it take so long for you to switch it on? I'm sure I'd have checked the state of the actual system before complaining about a wobbly foot.

Depending on how it was sold and described (auction or fixed price? Working or in need of attention? etc), Ebay will likely ask you to return for a refund.

stardog32

RFW wrote: »

Why did it take so long for you to switch it on? I'm sure I'd have checked the state of the actual system before complaining about a wobbly foot.

Depending on how it was sold and described (auction or fixed price? Working or in need of attention? etc), Ebay will likely ask you to return for a refund.

Silly me I had just assumed it would work fine so left it while I went out for the afternoon (I exchanged emails about the foot whilst out). I admit this makes me look bad along with the fact I got so annoyed about the foot and threatened to start a claim. He's of course using these things against me but I haven't been dishonest at all, and I certainly didn't sabotage the laptop.

It was described 'boxed as new', no missing parts or faults mentioned.

Also I forgot to mention he offered me a partial refund yesterday of £45, but I rejected it as the laptop is completely non-functional, it's useless to me.

stardog32

Should I just wait now till November 6th when I can escalate it? what if they side with the seller and I lose the case?

so stressed about this I will be much more careful in future

RFW

stardog32 wrote: »

Should I just wait now till November 6th when I can escalate it? what if they side with the seller and I lose the case?

so stressed about this I will be much more careful in future

Not much more you can do than wait. I would say that if he keeps sending inflammatory messages it won't look good on him. Don't rise to them, just answer with facts and remain polite and state what you want.

Bowling_4_Gold

Could possibly be a damaged hard drive, potentially caused by shipment (imagine the tonnes of parcels this one was probably buried under). HOw was the laptop packaged? Plenty of bubble wrap?

stardog32

Bowling_4_Gold wrote: »

Could possibly be a damaged hard drive, potentially caused by shipment (imagine the tonnes of parcels this one was probably buried under). HOw was the laptop packaged? Plenty of bubble wrap?

It was packaged quite well, in its original box with plenty of padding inside. I honestly don't know if the seller knew about the fault/s, he seems very annoyed and adamant that I caused the damage myself. Whether this is real or a play I have no idea but he is spending a lot of time attacking me now through the claim process.

Now he has stated he is waiting to speak to a manager on ebay about the claim and his latest allegation is that I have made false bids on a phone he is selling as retaliation!

I have just responded "I will just repeat, I want a full refund for the laptop which I found non-functional on Monday as described in detail here. I sent the seller photos of both faults as soon as I found them. I am ready to return the laptop, in its original condition, as soon as possible."

pinkshoes

Just ignore any rants and allegations the seller is making and wait until you can escalate it. Perhaps even phone ebay and chat to them.

It's likely they'll find in your favour, then you'll have to send it back TRACKED (courier, special delivery...) at your expense, then you'll get your £150 back.

As you threatened to leave a neg, then if you DO leave a neg, the seller can have it removed.

stardog32

pinkshoes wrote: »

Just ignore any rants and allegations the seller is making and wait until you can escalate it. Perhaps even phone ebay and chat to them.

It's likely they'll find in your favour, then you'll have to send it back TRACKED (courier, special delivery...) at your expense, then you'll get your £150 back.

As you threatened to leave a neg, then if you DO leave a neg, the seller can have it removed.

Would 2nd class recorded be ok? I don't mind spending a small amount to return it.

He has put up more accusing messages on the claim form today, it;s become very nasty and personal, I mentioned I'm a student and he's trying to use that against me, and saying I'm obviously lying because it would be common sense to switch the laptop on first (maybe that is true, but the fact is I didn't). I guess there;s not a lot of point in replying again as I think I've described everything I can about the faults etc and when I found them. I have phoned ebay twice and they just told me to wait until escalation.

spike241

Don't send it Recorded, use a courier or special delivery.

If the netbook got lost in the post (it happens) then you would only be able to claim £46 from RM. For an extra couple of quid it's not worth the risk. Plus SD should get there quicker so you should get your refund quicker.

theonlywayisup

Do not respond further. Just escalate it when you can. You will be asked to send it back to the seller. Use Special Delivery. Upload the tracking and then check the next working day to see the status. Once it shows as delivered, refused or attempted delivery, ring Ebay and advise them. They should close the case for you and reimburse you.

Ebay *may issue you a voucher or a postal label to return the item. Personally I would still only use Special Delivery. But you may not get the choice as they don't always offer returns postal reimbursement.

Do not close the case, don't panic and don't get stressed.