eBay refuses my refund

pulliptears

eBay is done with their part, as bx says your recourse now won't be through those. At this stage you need to make copies of the auction and make note of all conversations.

Send a letter to the seller (pull their contact details from eBay, don't just use the address you collected from as this may not be their registered eBay address), if there are two addresses it wouldn't hurt to send a copy to both. Outline the problem, if possible include a statement from your fitter. Give them 7 days to refund.

If you hear nothing then after 7 days send a letter before action (many many templates online). Point out that the item was misrepresented and you had no way of knowing until a professional came to instal that it was incomplete.
Enclose again a copy of the auction and a fitters report and again give them 7 days to respond. Make sure this is sent via recorded delivery and keep your proof!

If still no joy then file a small claim. You will need a report to state the stove is incomplete and couldn't have worked.

Personally I think you've got an incredibly good case because the stove wasn't seen working and until a professional came to fit it you would have had no way of knowing so the fact that you inspected it is irrelevant really. Either way you bought from description a 'fully working stove' and got something else entirely.

RFW

As someone else posted your best option may be to see if you can get it working. Try the manufacturer for parts and/or get a second opinion on having it fitted.

It may well be that the seller is a rogue, it could also be they sold something in good faith believing it to be in good order and they may actually think the buyer is trying it on.

You may very well win a court claim, that doesn't actually guarantee a return of any money and could end up costing quite a bit to get nothing back. If the seller is a rogue then they will have all bases covered should a claim go through "I was selling for my parents who needed the cash to get through winter and I'm on income support kind judge, can I pay £1 per month back for the next 40 years". If the seller is genuine that could be their real story.

8791chriscat

RFW wrote: »

As someone else posted your best option may be to see if you can get it working. Try the manufacturer for parts and/or get a second opinion on having it fitted.

It may well be that the seller is a rogue, it could also be they sold something in good faith believing it to be in good order and they may actually think the buyer is trying it on.

You may very well win a court claim, that doesn't actually guarantee a return of any money and could end up costing quite a bit to get nothing back. If the seller is a rogue then they will have all bases covered should a claim go through "I was selling for my parents who needed the cash to get through winter and I'm on income support kind judge, can I pay £1 per month back for the next 40 years". If the seller is genuine that could be their real story.

I must admit I did think that's the card they will play. Having collected the stove in person I do know they aren't short of money going by the property they live in but the Judge won't take this into consideration. I know how devious some older people can be having worked for many years with them.

I'm going to have to think long and hard about what I do next, but I do thank you for your advise

Stoke

Don't think too long. Time is often key in these cases.

8791chriscat

Gone to small claims court, thanks everyone

pulliptears

Good luck
I'd be amazed if you didn't win.