Do I have a case (buyer returned phone with water damage and ebay forced refund)

Legacy_user

I sold a phone worth £200 to a buyer on ebay. I'm a business, they're an individual.

After a month they said the phone had stopped working. I sent it to the manufacturer who came back and said they could not repair as it was tested for water damage which is also not covered by the warranty.

So, I tell the buyer this. They then open an ebay case. The case is escalated and decided in the buyers favour. I am left with a phone that can't be fixed.

Because its water damage, I think the buyer's dropped it in water but obviously they won't admit it.


Should I open a small claims case? Against the buyer or ebay?

robert_harper_2000

If you have expert confirming it was water damaged then I would think you have a case. However, it would have to be small claims. eBay doesn't care and always supports the buyers not the sellers. Some would say just write it off and try to forget about it. Probably end up being a hassle and it is only cost you trade.

bebewoo

The problem is a lot of phone manufacturers will say "water damage" to get out of repairing under warranty.
The phones do have sensors in them but the sensors change colour to indicate water damage at the slightest bit of humidity. So it may have been like that before you sent it to the buyer. Or the buyer may have dropped it in water. You won't be able to prove it.

Apple settled in a court case for thousands of users whose iphones they refused to repair because of "water damage". But it still goes on and not just Apple.

Kayalana99

bebewoo wrote: »

The problem is a lot of phone manufacturers will say "water damage" to get out of repairing under warranty.
The phones do have sensors in them but the sensors change colour to indicate water damage at the slightest bit of humidity. So it may have been like that before you sent it to the buyer. Or the buyer may have dropped it in water. You won't be able to prove it.

Apple settled in a court case for thousands of users whose iphones they refused to repair because of "water damage". But it still goes on and not just Apple.

Get a 2nd opinion of whats wrong with it from someone who would charge you £££ to repair it not the manufacturer if your considering court you should take as much evidence as possible.

lincroft1710

Kayalana99 wrote: »

Get a 2nd opinion of whats wrong with it from someone who would charge you £££ to repair it not the manufacturer if your considering court you should take as much evidence as possible.

Because you have no evidence that the buyer damaged the phone only a suspicion.

Kayalana99

lincroft1710 wrote: »

Because you have no evidence that the buyer damaged the phone only a suspicion.

Don't get what your trying to say buyer had it from new and has opened the box new and has been using the phone without problems...so if its water damaged then how else would it of happened?

If manufacturer say water damage and an independent phone repairer say same I would see that as a case..

notanewuser

Kayalana99 wrote: »

Don't get what your trying to say buyer had it from new and has opened the box new and has been using the phone without problems...so if its water damaged then how else would it of happened?

If manufacturer say water damage and an independent phone repairer say same I would see that as a case..

Where in the OP does it say the phone was new?

lincroft1710

Kayalana99 wrote: »

Don't get what your trying to say buyer had it from new and has opened the box new and has been using the phone without problems...so if its water damaged then how else would it of happened?

If manufacturer say water damage and an independent phone repairer say same I would see that as a case..

There would still be no evidence that the buyer dropped it in water. Probability and evidence are not the same.