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Ebay not as described - seller claims I damaged item

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245

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  • spike241 wrote: »
    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.

    It cost him 24 quid to send it to me by SD he says :/

    You are right though it's best not to risk it, he may try to say he didn't receive it if he can. I'll see if parcelforce is any cheaper than SD. This is all assuming I win the case of course.

    Can I appeal if I lose? really don't want to be stuck with a broken laptop.
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    stardog32 wrote: »
    It cost him 24 quid to send it to me by SD he says :/

    You are right though it's best not to risk it, he may try to say he didn't receive it if he can. I'll see if parcelforce is any cheaper than SD. This is all assuming I win the case of course.

    Can I appeal if I lose? really don't want to be stuck with a broken laptop.

    What does it weigh (packed).

    You may find a courier much cheaper. Just make sure they cover this particular item as some don't insure electronics.

    To win the dispute, you will need some sort of online tracking.
  • his latest message is (after posting several messages from other buyers of his, he says) "More happy feedback from my items i sold. I personally contacted each of the buyers to make sure they were happy even though they are unable to leave me feedback due to ebay deleting my seller history. I am far from a scammer as you suggested and this shows the goods I sell are as described. I have sent all the emails onto ebay and I have asked each buyer also to."

    should I respond to any of this or just leave it now till Tues when I can escalate? I can't really add anything except repeat what I've already said about the faults etc and wanting a full refund.
  • Crowqueen
    Crowqueen Posts: 5,726 Forumite
    Leave it alone - don't let him get to you and escalate the dispute on Tuesday.
    "Well, it's election year, Bill, we'd rather people didn't exercise common sense..." - Jed Bartlet, The West Wing, season 4

    Am now Crowqueen, MRes (Law) - on to the PhD!
  • lindseykim13
    lindseykim13 Posts: 2,978 Forumite
    Sounds like a right horror seller, just ignore and get that case excalated asap. You really don't need to worry.
  • caeler
    caeler Posts: 2,638 Forumite
    Part of the Furniture 1,000 Posts Mortgage-free Glee! Photogenic
    Was the item described as having an operating system installed?
  • caeler wrote: »
    Was the item described as having an operating system installed?

    Not directly in the description but a question was asked and published on the listing asking what op system the laptop was, he answered windows starter 7. So I think that would count as yes. Although ebay deleted the listing when his account was suspended (since reinstated but the listing is still gone)

    Thanks for taking the time to reply everyone :) really appreciate it
  • Inigo_Montoya
    Inigo_Montoya Posts: 1,216 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 2 November 2012 at 11:47PM
    One example of a cheapish courier i have used recently

    http://www.collectplus.co.uk/

    £4.99 up to 5kg + £3 for £200 insurance

    there will be others if you do a search on this forum

    The seller can rant & rave all he wants - as long as the item does not match the auction description then he is obliged to accept the return & refund you

    He can make all the allegations he likes, its irrelevant, unless he can prove them then thats all they are - if it was sent working then the hard disk was probably damaged in the post & he can claim compensation from the courier if it was insured - you should mention this in the paypal claim & state you will co-operate with an insurance claim as long as he stops being abusive

    Your only non recoverable cost will be the cost of returning it by tracked delivery - private sellers are not obliged to refund the cost of returning an item - business sellers should under DSR rules but IIRC correctly ebay cannot enforce this
  • One example of a cheapish courier i have used recently

    http://www.collectplus.co.uk/

    £4.99 up to 5kg + £3 for £200 insurance

    there will be others if you do a search on this forum

    Ta I will look into that, already found parcel monkey mentioned which seems like a good cheap one.

    The seller is now saying he will escalate the case, does it really matter if he does or I do?
  • stardog32 wrote: »
    Ta I will look into that, already found parcel monkey mentioned which seems like a good cheap one.

    The seller is now saying he will escalate the case, does it really matter if he does or I do?

    Cant see why it would make a difference myself.

    To be honest, the seller sounds desperate/has all his patter worked out. As the others have said, ignore the accusations and escalate it yourself when you can.

    Be careful with Parcel Monkey, I like them, but not all the services cover laptops against damage.
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