Ebay auctioned refund now seller wants item back!?

LittleAoife

littlecutiepie wrote: »

That's very confusing. I think the mistake that you did is that you have used and replaced some parts of the item while the case is stil running and that's obviously wrong. If ebay refunded you the money and it looks a high value item, they will take it of the seller's account and you should then get a prepaid return label because you can't keep both . Now you have the pram AND the money :Very unfair isn't ?

I would say contact ebay again and again and get an email confirmation of them of what they told you before. Stay on the line until you get the email. Refund the seller the full amount you paid upon purchase. You have used and replaced the item and therefore you have breached the return policy.

I think you miss understand the case was not still running, I had received the refund and case closed notification from ebay and clarification that it was to me discretion as to whether or not I return the item as I had won the case and had a refund. It was only then that I bought the replacement parts and used the item. The seller then phoned and asked for the return of the item to the correct address in retrospect.

Road_Hog

themull1 wrote: »

If ebay have given you a refund and not told you to send the item back, dont send it back.! Its not the sellers item now, its yours.

Sorry, but that isn't true. If you buy an item and then get a full refund, then it becomes the property of the seller.


Ebay terms and conditions don't overrule British law, despite what people may think.


The seller can sue you in a civil court, for the cost or even bring a criminal case against you for theft. Why do people think that ebay decides what is legal and what is not legal.

soolin

Road_Hog wrote: »

Sorry, but that isn't true. If you buy an item and then get a full refund, then it becomes the property of the seller.


Ebay terms and conditions don't overrule British law, despite what people may think.


The seller can sue you in a civil court, for the cost or even bring a criminal case against you for theft. Why do people think that ebay decides what is legal and what is not legal.

Not entirely true, seller needs to do all the running about to retrieve item. The buyer does not have to return it. Also as with any third party claim it is not necessarily true that a seller has a right to get their item back- so OP needs to do very little here and if seller takes them to court than I would happily,go and incur more costs for them.

As long as buyer tells the seller where to collect it and at a reasonable time, that's all they need to do.

If this was an eBay no fault refund then item belongs to buyer anyway, not seller as seller can't sell an item and then demand it back because a third arty has made a partial refund.

Thatbis UK law.

Road_Hog

soolin wrote: »

As long as buyer tells the seller where to collect it and at a reasonable time, that's all they need to do.

Thank you for backing up my point, as I said, it doesn't belong to the buyer and the point that I quoted "Its not the sellers item now, its yours." is entirely incorrect.


It is not the buyer's item, it now is the property of the seller and unless he makes it available for return, it is theft and recoverable by court.


I made no mention of how it had to be returned and IIRC, it has to be kept for something like 6 months, before it can be disposed of.


So, once again, I reiterate my point, it does not belong to the buyer, it is the property of the seller. And just because Ebay say you can have a refund and keep the item, it isn't true.


I've extensively used the courts and I find that people either ignore the summons or attend with a pathetic excuse, such as in this case, 'Ebay said I could keep it', to which the district judge says, and when did Ebay become the legislator of law in Britain, you've had a refund, why haven't you returned the item.


Either way, they pay up or get a CCJ, followed by a visit from the bailiffs. And if the debt is £750 or more, then you can petition for bankruptcy.

LittleAoife

So your saying despite my offer to return and them now refusing (in writing) but they in retrospect backtracking and asked for it,I now have to pay the full amount to them? !!!!!!?? What is the point of the resolution centre then, I believe I have been more than fair.
Ebay ruled in my favour.
I offered to return, they said ' if you return it to us at the origional address the item will be refused and it will be returned to you' they claim to be 'travelling' in one email and no longer in the uk and in another they claim to have simply moved house and 'forgot' to re register the address with ebay.
Whatever their circumstances I have followed ebays rules to the letter and they have not.
I have now paid a fair price for the item, they have accepted this money into their paypal account so as far as I am concerned the court will see that I have tried my best to
1. Return the item within the policies set out by eBay, they declined
2. Offered to return again to origional address, they declined
3. Offered a fair price for the item that was not as described as they have refused postage twice as they now state that ' returning the item is now not an option, we just want the money'
They still wish to proceed to court for more money, plus they want me to cover their paypal/ ebay fees as apparently they have been told by their legal advisor that they will win this too.
I have cooperated via ebay through the resolution centre and left ebay to make the decision.
How is this their property??? How have I done anything criminal to warrant them calling me a thief??
Thankyou

LittleAoife

Mark_Mark wrote: »

Is using the goods seen as accepting them?

I don't know about this, maybe it is I'm not hot on contract law??

martindow

Road_Hog wrote: »

It is not the buyer's item, it now is the property of the seller and unless he makes it available for return, it is theft and recoverable by court.

I'm not sure this is necessarily true. If Ebay have given a no fault refund I imagine it is now theirs if they want it. It is similar to an insurance company paying out for something lost or stolen which is subsequently recovered.

Do we know if the seller still has the money originally paid or if Ebay have reclaimed it from them?

soolin

martindow wrote: »

I'm not sure this is necessarily true. If Ebay have given a no fault refund I imagine it is now theirs if they want it. It is similar to an insurance company paying out for something lost or stolen which is subsequently recovered.

Do we know if the seller still has the money originally paid or if Ebay have reclaimed it from them?

Road hog is not correct, seller is not entitled to all their money *and* their item back.

theonlywayisup

Did eBay refund you or the seller?

Whilst I agree making use of an item is deemed acceptance, I also agree you have made sufficient effort in having it repatriated.

I would not have paid the £300 as this could complicate matters now.

Instead I would have given them one last time to collect the item, with the clear message that if it was not done within 7 days the item would be disposed of.

LittleAoife

theonlywayisup wrote: »

Did eBay refund you or the seller?

Whilst I agree making use of an item is deemed acceptance, I also agree you have made sufficient effort in having it repatriated.

I would not have paid the £300 as this could complicate matters now.

Instead I would have given them one last time to collect the item, with the clear message that if it was not done within 7 days the item would be disposed of.

Ebay gave the refund to me, I am the buyer, I gave them £300 back as they refused for me to return the item to them and I thoughts as this is the value of the item second had it was fare all round.
Why would giving them £300 back complicate matters??
I'm just trying to be as honest as I can, I offered to return the item to them several times and they said they did not want the item back they wanted the money ( after telling me firstly they could not receive the item back as they were travelling and secondly that they have moved house), the final time I offered return they said they did not wish to ' receive our used item back but require the entire £400 returned to us'.
I think I could have walked on water for them and levitated the item to their door step and they would still want the money.
They have £300, I have the item, I'm assuming that as ebay have given me a refund they are entitled to claim their ebay and PayPal fees back from PayPal and ebay directly??
They want above and beyond and frankly I'm not going to do any more.
If they want to take it to small claims they can, any judge can see that I fairly won my money back in the ebay dispute, they repeatedly refused for me to send the item back in the correct manner and wanted to somehow trick me into the getting the item back and retain their money ( this is obvious by the fact they keep changing the reasons why I can't return the item to their address and they relented and asked for it to be send there when they knew ebay would rule in my favour) , then phoning me and sending emails to my personal email address threatening the police and / or court action as they now want the money, calling me a thief several times, but emailing polite requests for the item via my ebay email account,
Then to be fair I have given them £300 back meaning I am not out of pocket despite all the hassle and they are still not happy.
In one of their emails they have stated,
''we believe you to have stolen our item, I would like to point out that the police and court does not take to kindly to theft''
On the phone the threatened me and now deny this.
I am also pretty certain that the email they have said is from ebay is infact a fabricated one and that they have placed this in the email simply to scare me in to giving them money.
Whatever happen now, I have asked them not to contact me again unless it is through either the police or court.
I phoned the non emergency police number to clarify the situation and they confirmed that this matter is a civil one and that they do not get involved in monetary disputed from ebay but would advise the seller to make an application to the county court to recover any monies they feel are owed to them.
I guess I'll just have to wait and see what happens next.