Ebay auctioned refund now seller wants item back!?

cte1111

I'm not sure that's correct littlecutiepie. The OP's case had been settled in her favour and she had been given a full refund. Ebay had repeatedly told her that the item was hers so she could be forgiven for thinking that they were correct.

Poppie68

For a start i would be getting in contact with EBAY and asking them what they hell they are playing at by seemingly playing both sides of the fence....or are the emails they shown you from ebay genuine?

I personally would'nt of paid them a cent back, when they signed up to Ebay they agreed to all T&C's and abide by Ebay's rules..they clearly didi'nt due this on more than one occassion and thats why you were refunded...
Don't let them bully you ask a friend or family member to take over as it is obviousy getting too much for you..stick to you guns, you have done nothing wrong.

Poppie68

Just a thought if you click onto ebay community button on the top left of your ebay page, register and click onto Buyer Central see if one of those guys could help you...there are some ebay experts and i have come across a few legal beagles there as well.
This is no way intended to insult anyone on here because there is some very knowledgable posters but as they say 2 heads are better than one...in this case 2 sites.

I'm blumin furious for you here...

CKhalvashi

I'd say it was up to the seller to report it to the police, and for police to investigate.

You have, IMO, cooperated with eBay in good faith, and relied on what they have told you, and you have not intented to deprive anyone of the use of something, merely been told you can keep the item through the company it was bought.

Sellers claim, IMO, will be with eBay, not with you.

I am NOT legally trained, although do have significant experience in contract law, so please don't rely on this, but only use it as a stepping stone ('what if' scenario) for any advice you may take.

CK

Poppie68

CKhalvashi wrote: »

I'd say it was up to the seller to report it to the police, and for police to investigate.

You have, IMO, cooperated with eBay in good faith, and relied on what they have told you, and you have not intented to deprive anyone of the use of something, merely been told you can keep the item through the company it was bought.

Sellers claim, IMO, will be with eBay, not with you.

I am NOT legally trained, although do have significant experience in contract law, so please don't rely on this, but only use it as a stepping stone ('what if' scenario) for any advice you may take.

CK

I think you are spot on and it's good advice..:)

CKhalvashi

Poppie68 wrote: »

I think you are spot on and it's good advice..:)

I only attempt to use (un)common sense, which in this case the route suggested seems adequate

Mark_Mark

CKhalvashi wrote: »

I'd say it was up to the seller to report it to the police, and for police to investigate.

You have, IMO, cooperated with eBay in good faith, and relied on what they have told you, and you have not intented to deprive anyone of the use of something, merely been told you can keep the item through the company it was bought.

Sellers claim, IMO, will be with eBay, not with you.

I am NOT legally trained, although do have significant experience in contract law, so please don't rely on this, but only use it as a stepping stone ('what if' scenario) for any advice you may take.

CK

This isn't a matter for the police, it's a civil dispute. There is no theft by the OP as they have done nothing dishonest.

With the benefit of hind sight the item should have been returned to the registered address using the eBay prepaid label.

eBay aren't a court or a judge so how can they decide on a legal matter of who owns the item?

likelyfran

LittleAoife wrote: »

Update I contacted ebay with regards to the item and they said, now I have a refund the case is closed and it is my discretion as to whether I return the pram or not. I have again contacted the seller and offered to return the item to the correct address. They said that they would not accept the item being returned to this address as they were away travelling so it would be returned to me. I messaged ebay again who reiterated that it was to my discretion as I have had the refund.
I bought the replacement parts for the item and used it a few times but
The seller contacted me again and asked me to send the item to the origional address on the listing and not the alternative one. Ebay then suggested that as a good will token they will send me a pre paid postage label to cover the return postage. I packed up the pram to send back when I have a day off to wait for the courier.
I then received a phone call from the seller (they apparently got my number via ebay although I did not give ebay permission to send the my number) they said that they spoke to ebay via live chat and that ebay said it is theft and a criminal matter, they told me on the phone that ebay have agreed to take the money back from my paypal account and freeze my ebay account and contact the local police. I got upset and told the seller that ebay have stated clearly that it is my discretion as the whether or not the pram is returned. They called am a liar and asked me to prove it by sending them copies of my emails with ebay which I did. I offered to return the pram or to give them a partial refund back as I managed to replace the broken parts and was happy to keep the pram if I could refund them minus the cost to myself for the parts. The seller the sent me a notice of intention to take me to the court for the full amount for the item. They have said that as I used the item I have remained in contract with them for the item and now owe them this money, they said I admitted to using it now so I have to pay them.
They added to the cost of the item, court fees, their ebay fees, their paypal fees and it now is totaling over £450!!!!! It was only £375 for the item
I got really scared and paid them £300 this is all I have as a good will to draw a line under the whole situation.
I paid them the £300 via PayPal and wrote them an email in return stating that I felt it was only fair as they are refusing a refund that I pay the cost of the item minus the cost to myself for the replacement parts and that for me is my final off.
Now the seller has emailed to say that they don't accent the £300 ( although they have not returned this money to me via PayPal) and they will be proceeding to claim the additional £. 100 plus fees from the court and inform the police as I have stolen their property, in their email they copied in a quote which is from ebay which states ' this is a matter of theft and you need to call the police to get your item back from the buyer'.
They have headed all their correspondence to me with bold letter stating ' 'without prejudice' and I'm now really scared that 1.the police will come and recover the item and I will be liable for criminal proceedings and 2. They will also take me to court for the additional £100.
Can anyone help me regarding this.

I think they're bluffing. Trying to scare you, all talk.
You didn't do anything wrong within the system this all happened in and although Ebay advised you could keep the item, you went out of your way to try to send it back.
I don't think the fact you've used it (damaged in first place and you replaced parts too!) has anything to do with it.
Honestly, bluffer, don't worry.

Mark_Mark

likelyfran wrote: »

I think they're bluffing. Trying to scare you, all talk.
You didn't do anything wrong within the system this all happened in and although Ebay advised you could keep the item, you went out of your way to try to send it back.
I don't think the fact you've used it (damaged in first place and you replaced parts too!) has anything to do with it.
Honestly, bluffer, don't worry.

Is using the goods seen as accepting them?

LittleAoife

Ii refunded them £300 because this is the going rate for the item second had and as I paid £375 plus £25 postage for it new I was getting it for what it was worth and had the £100 for myself to cover the parts being replaced.
I wasn't clear in my description of events before I'll put it in date order to make more sense
17 dec- bought item
2 jan- received item
Emails back and forth about returning item in resolution centre as not as described
Escalated
Given refund on 11th jan and told case closed from ebay
12 th jan asked ebay about item ebay stated it's to my discretion As to whether I return or not and seller said they were no longer at their address as travelling
Ordered parts from retailer ( I have kept receipts)
Used item total of 2 times
22nd jan seller asks for item to be returned again to now the origional address
23 jan I contacted ebay
25 jan ebay agree to give me labels
27-31 jan I was away and I was working this Monday
Tuesday was my day off so was due to go to my Hermes outlet to send item back but had the threatening phone all from seller in the morning.

I hope this makes better sense of things