We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

eBay refuses my refund

8791chriscat
8791chriscat Posts: 9 Forumite
I'm furious, I have purchased a Wood burning stove through eBay and paid £419 on collection. The seller was selling on behalf of her elderly parents as they had no eBay account.
The stove was listed as in good working order which it clearly wasn't as my fitter said it was missing 3 integral parts and they are now obsolete so he refused to instal it saying it wasn't safe and unfit for purpose and so condemned it. The seller refuses to refund and eBay say there's nothing they can do.
It's making me ill with worry as I have no fire and can't afford another one as I'm unemplyed

Ps I have a signed receipt from the seller
«13

Comments

  • bxboards
    bxboards Posts: 1,711 Forumite
    I think your only recourse would be via MoneyClaim (aka Small Claims Court)

    You'd need something in writing from your fitter, and you'd need to retain a copy of the Ebay listing.

    For collection items, you would generally inspect an item and only pay after inspection if happy - obviously with something like a woodburner I suppose you'd need specialist knowledge to identify faults.

    You could have bought a brand new woodburner for much less money....
  • Kayalana99
    Kayalana99 Posts: 3,626 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker I've been Money Tipped!
    bxboards wrote: »

    You could have bought a brand new woodburner for much less money....

    :money: Bazinga
    People don't know what they want until you show them.
  • 8791chriscat
    8791chriscat Posts: 9 Forumite
    edited 8 December 2013 at 2:12AM
    Thanks for the advise. I was hoping not to have to go to the small claims court. Yes I could of got a cheaper one but I wanted an old fashioned one to fit in with my decor as modern ones are just too modern and most new decent woodburners are about £1000
  • celestius
    celestius Posts: 1,090 Forumite
    PPI Party Pooper
    Did you open a SNAD case?
  • pinkshoes
    pinkshoes Posts: 20,671 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Send them a copy of the fitter's report along with a "letter before reaction" giving them 14 days to arrange a date when the stove can be returned and a full refund given. State that if they fail to do this, you will take them to court for the refund and they will then be liable for court costs.

    They will no doubt cough up before you having to go online and start court proceedings.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Poppie68
    Poppie68 Posts: 4,881 Forumite
    Tenth Anniversary Combo Breaker
    celestius wrote: »
    Did you open a SNAD case?


    Makes no difference it was cash on collection which is'nt covered by ebay.
  • 8791chriscat
    8791chriscat Posts: 9 Forumite
    edited 8 December 2013 at 2:18AM
    Thank you all. It just doesn't seem fair and eBay appears to take the side of people who rip other people off.

    It looks like I will have to take the elderly couple to small claims which I have a feeling the Judge would probably see them as being frail vulnerable people.

    I did open a case with eBay but as I had paid cash there was nothing they could do.

    I really feel that eBay needs s home kind of policy about seller's demanding cash
  • Ms_Chocaholic
    Ms_Chocaholic Posts: 13,397 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 8 December 2013 at 2:28AM
    It wouldn't be the elderly couple you take to small claims court it would be the ebay seller. That is who the contract was with.

    You state that the stove was reported to be in good working order. Was this in the listing.
    Thrifty Till 50 Then Spend Till the End
    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
  • campdave
    campdave Posts: 2,198 Forumite
    Thank you all. It just doesn't seem fair and eBay appears to take the side of people who rip other people off.

    It looks like I will have to take the elderly couple to small claims which I have a feeling the Judge would probably see them as being frail vulnerable people.

    I did open a case with eBay but as I had paid cash there was nothing they could do.

    I really feel that eBay needs s home kind of policy about seller's demanding cash

    I see your point, but from ebay's point of view, there is no proof this transaction ever took place.

    With paypal and proof of delivery, at least they can a) see money has been transferred and b) the item has been delivered.

    In your case there is neither. Ebay isn't court, and it can't go on one word against another. All it can do is look at the evidence it can see, which is why it will issue a refund if there is no proof of delivery, or ask for items not as described to be returned.

    Had this transaction taken place via the classified on your local paper, you wouldn't expect the paper to arbitrate in the case of the item not being as expected.
  • Hi campdave

    I do have proof as I have a receipt from the elderly man and signed by him so would that make a difference
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354K Banking & Borrowing
  • 254.3K Reduce Debt & Boost Income
  • 455.3K Spending & Discounts
  • 247.1K Work, Benefits & Business
  • 603.7K Mortgages, Homes & Bills
  • 178.3K Life & Family
  • 261.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.