Ebay not as described - seller claims I damaged item

Zoology_Dragon

caeler wrote: »

Was the item described as having an operating system installed?

This was my first thought too.

Crowqueen

Even if it didn't say then most buyers would expect a working item to be fully working, i.e. come with all the software it needed to work.

It could be assumed that if the item had not had an operating system it would not be fully functional and seller would have to state that on the listing.

ukclare

stardog32 wrote: »

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."

Didn't your first message say he had a feedback of 1? Where have all of the other buyers come from and if they are so happy why is he starting/trading with another account?

Make sure you ask Ebay this!

Zoology_Dragon

Crowqueen wrote: »

Even if it didn't say then most buyers would expect a working item to be fully working, i.e. come with all the software it needed to work.

It could be assumed that if the item had not had an operating system it would not be fully functional and seller would have to state that on the listing.

Quite possibly yes and especially as most computers do come with an OD pre-installed these days. I just wondered if the seller might get away with it on a technicality if the listing didn't mention an OS.

tyllwyd

Not sure about the ebay side of things, but we bought a netbook from Comet last year, and there was no operating system installed - we took it back and they replaced it with no quibbles, so no complaints, but just to let you know that it might not have been the seller's fault.

stardog32

ukclare wrote: »

Didn't your first message say he had a feedback of 1? Where have all of the other buyers come from and if they are so happy why is he starting/trading with another account?

Make sure you ask Ebay this!

He mentioned that he sold the other items the same time as he sold me the laptop, I have no idea though! I assume ebay would still have his records from before so would know if he were lying?

tyllwyd wrote: »

Not sure about the ebay side of things, but we bought a netbook from Comet last year, and there was no operating system installed - we took it back and they replaced it with no quibbles, so no complaints, but just to let you know that it might not have been the seller's fault.

He has agreed it's a fault though after I sent him a pic of the screen, claiming I caused it (apparently I'm an IT 'wizz kid' lol) and saying he doesn't want a faulty laptop returned to him that was working perfectly when he sent it.

I looked up that error message and apparently it's most likely a hard drive fault, so I don't know if it is even related to the op system.

Crowqueen

tyllwyd wrote: »

Not sure about the ebay side of things, but we bought a netbook from Comet last year, and there was no operating system installed - we took it back and they replaced it with no quibbles, so no complaints, but just to let you know that it might not have been the seller's fault.

The seller can't just say, 'sorry guv, not my fault'. Maybe it isn't, but they are still liable. Comet accepted responsibility for the lack of an installed operating system - the OP is trying to get this seller to do the same, since they are legally liable in this situation as they have supplied an item which is not-as-described. Even private sellers cannot sell an item which doesn't conform to what is written in the description.

If it was a mistake the seller would probably behave reasonably and accept a return.

ulsterbeef

Sorry I do not have time to read all the mentioned posts but in short YOU WILL WIN. The seller is responsible for the item to come to you as described in the description. Stop worrying. I have had people try to con me before with broken items too

stardog32

His latest post-

"the laptop was sent in full working condition with no faults and missing no items. When the buyer realised he would not recieve a reimbursement of £20 [for the missing foot] when he understood that the item was listed as used and not new, the laptop suddenly after 5 hours developed another fault. This was a fault that ebay would be able to consider that it was an item that was not listed correct and would allow the buyer to raise a claim. I am sorry but it there is no way that the laptop was faulty when sent and when recieved by the buyer. I rufute the fact that I should refund the buyer on a laptop that will be returned damaged, which was not the condition which is was sold. I will also escalate the case as soon as possible to be reviewed by a claims advisor. "

If I lose the case is there anything I can do about it? I know I might be worrying about nothing but atm it's his words against mine.

Nan_Dingle

I've reported your post...Jesus christ I have better things to do.

Get over yourself.