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eBay question. Seller has to refund buyer

Hi there,
I would like some advice on a camera i sold on eBay recently.
I sent the camera in full working order. The buyer received it and left positive feedback (A+, item as described) then four days after he left positive feedback he was saying the auto focus on the lens didnt work.
He opened up a dispute with me, and asked for a full refund. As i wasn't prepared to give him one he then asked if i would instead pay for a new lens for the camera. I again said no as i believe he damaged the camera while using it.
We left it to eBay to come to a decision, and now they are saying i have to refund the buyer in full. I have appealed this.
Does anyone know where i stand leagally with this? Do i have to refund the buyer even when he left positive feed back?
I have 100% positive feedback on everything i have bought and sold where as the buyer has three or four negatives.
I would appreciate other members advice. Thanks.

Comments

  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The buyer has to return the item to you and will be given a full refund, including his original, postage.
  • Just a very small point, auto focus often doesn't work if the lens isn't fully clicked into position.

    But don't refund until you have the camera back in your possession.
    Sanctimonious Veggie. GYO-er. Seed Saver. Get in.
  • dealem
    dealem Posts: 6 Forumite
    I already took the money out of my ebay and paypal account. Do ebay ever take anyone to court over this?
    From doing a search on the internet it seems ebay always side with the buyer regardless.
    Does anyone know where i stand legally?
  • sam.4000
    sam.4000 Posts: 1,396 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 1 March 2013 at 9:11AM
    dealem wrote: »
    I already took the money out of my ebay and paypal account. Do ebay ever take anyone to court over this?
    From doing a search on the internet it seems ebay always side with the buyer regardless.
    Does anyone know where i stand legally?
    Yes paypal are notorious for chasing money and they will chase you for it including bayliffs e.t.c.

    If you bought something and it did not work after 4 days would you want a refund?

    Appealing the decision will not change things and to be honest kust because they left positive feedback it does not mean they had turned on the camera and know it worked.

    You need to ask for the item back and then refund the original payment back to the buyer.
  • soolin
    soolin Posts: 74,407 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    dealem wrote: »
    I already took the money out of my ebay and paypal account. Do ebay ever take anyone to court over this?
    From doing a search on the internet it seems ebay always side with the buyer regardless.
    Does anyone know where i stand legally?

    Regardless of legally, this was sold on ebay using paypal so you abide by their rules. They will expect you to refund, and if you don't then basically that means you never use ebay or paypal again as the moment you take another payment it will be used to cover your debt.

    They will pass it to a debt agency and they are noted for being unpleasant, so you will need to go over to the debt free board and check the legal dos and don'ts for dealing with them- do not let them over step their legal position and harrass you.

    It can get nasty though
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  • melliott1963
    melliott1963 Posts: 474 Forumite
    As Sam said, how would you feel if you bought an item and 4 days later it stopped working? Until you receive the item back, I'm afraid you just have to believe your buyer.

    Personally I always take a hit on what I could get for items like this, and just take them to my local CEX or Cash Generator. At least this way you get cash in your hand with no risk at all of any comeback.
  • dealem wrote: »
    I already took the money out of my ebay and paypal account. Do ebay ever take anyone to court over this?
    From doing a search on the internet it seems ebay always side with the buyer regardless.
    Does anyone know where i stand legally?

    That's fine because paypal should be linked to your bank account and they can refund and it will come straight out of it.
    Sanctimonious Veggie. GYO-er. Seed Saver. Get in.
  • dealem
    dealem Posts: 6 Forumite
    Thanks for your replies.
    I hear what you are saying about buying something then four days later it doesn't work. But im certain the buyer broke it based on what he said in his messages.
    I wonder how many people on ebay buy something that is working fine then accidently break it. Then they open a case saying it was broke when it was delivered knowing full well eBay won't investigate the matter, but just email an auto response saying seller must refund the buyer.
    Im surprised BBC watchdog hasn't covered these scams.
    Expensive lesson but last time i will ever sell on ebay.
  • forgotmyname
    forgotmyname Posts: 32,952 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Is it a scam? Or a user that doesnt know howto use the camera or just poor timing and it has actually failed?

    Checkout the debt boards on debt collectors tactics and harassment.

    Sure Watchdog have done a piece or more on them. I know its been on one show with covert filming,
    Censorship Reigns Supreme in Troll City...

  • bartelbe
    bartelbe Posts: 555 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    dealem wrote: »
    Thanks for your replies.
    I hear what you are saying about buying something then four days later it doesn't work. But im certain the buyer broke it based on what he said in his messages.
    I wonder how many people on ebay buy something that is working fine then accidently break it. Then they open a case saying it was broke when it was delivered knowing full well eBay won't investigate the matter, but just email an auto response saying seller must refund the buyer.
    Im surprised BBC watchdog hasn't covered these scams.
    Expensive lesson but last time i will ever sell on ebay.

    Yes, but they have to send it back it you, before you give a refund. Besides it is in the terms and conditions for selling on the site.

    If ebay didn't have this policy, buyers would simply assume they would get scammed, and either not bid or pay far less.
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