Ebay auctioned refund now seller wants item back!?

LittleAoife

Just looked at their ebay account and at the time I bought my item they have a few neg and neutrals, one neg says ' not new and broken item had to go through ebay for refund, and neutral ' not as described'
It seems this seller sells not as described items to take a chance that the buyer will just accept it?? I don't know what the sellers intentions were at at the time but I'm so annoyed as this has really put me off buying from ebay and leave a bad impression of the sellers on ebay, most of which are lovely (at least you guys on here are).

barmonkey

LittleAoife wrote: »

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.

We are still not clear if this was a "no fault refund", seems to me the seller had your original £300 and the £300 you have refunded them.

LittleAoife

barmonkey wrote: »

We are still not clear if this was a "no fault refund", seems to me the seller had your original £300 and the £300 you have refunded them.

No it's was not a no- fault refund I have just got email bak from ebay and they have said they gave me a refund and the money was taken back from the seller via PayPal, I got the money as a e- cheque so it took 5 days to clear in my bank account, the money went via PayPal into my bank account as I paid for the item with my card via PayPal.

barmonkey

LittleAoife wrote: »

No it's was not a no- fault refund I have just got email bak from ebay and they have said they gave me a refund and the money was taken back from the seller via PayPal, I got the money as a e- cheque so it took 5 days to clear in my bank account, the money went via PayPal into my bank account as I paid for the item with my card via PayPal.

if thats the case, Ebay have no right to tell you to keep the item

dacouch

It's worth noting that they cannot sue you for the cost of the pram and their ebay and pay pal fees.

If you gave them the money for the pram along with their ebay and paypal fees they would be better off than had they simply sold you the pram for which they would have had to pay ebay fees and paypal fees.

Road_Hog

soolin wrote: »

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

Road_Hog is correct. Go back and look at my original post and see exactly what it says.


The person I quoted said that you had the refund and the item is now yours.


The point I am making, is once you have been refunded in full, the item now belongs to the seller and if you were taken to court for trying to keep it, you would be given quite short shrift from the district judge and possibly up for a criminal prosecution.


Which part of my point that, if you've been refunded in full and the goods no longer belong to the buyer do you not understand. Just because Ebay say you can keep them means nothing.


Most people won't use the courts, I do, it works very well. It comes down to, have you had a full refund, yes, have you returned the goods, no, well why not? Babble, babble. Right, judgement in favour of the plaintiff, you have 30 days to pay up.


BTW, if you bother to read my post, it is not about the seller getting the money back and the item, it is about the buyer getting an Ebay refund and keeping the item.

Road_Hog

[QUOTE=martindow;64636432]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?[/QUOTE]


I can tell you it is entirely true.


If you buy an item and then get a full refund, the item no longer belongs to you. Why on earth do you think Ebay terms and conditions trump British law?


Have you ever used the civil courts or have any idea how they work?

LittleAoife

Road_Hog wrote: »

Road_Hog is correct. Go back and look at my original post and see exactly what it says.


The person I quoted said that you had the refund and the item is now yours.


The point I am making, is once you have been refunded in full, the item now belongs to the seller and if you were taken to court for trying to keep it, you would be given quite short shrift from the district judge and possibly up for a criminal prosecution.


Which part of my point that, if you've been refunded in full and the goods no longer belong to the buyer do you not understand. Just because Ebay say you can keep them means nothing.


Most people won't use the courts, I do, it works very well. It comes down to, have you had a full refund, yes, have you returned the goods, no, well why not? Babble, babble. Right, judgement in favour of the plaintiff, you have 30 days to pay up.


BTW, if you bother to read my post, it is not about the seller getting the money back and the item, it is about the buyer getting an Ebay refund and keeping the item.

But I didn't want to keep the item, I was told explicitly by the seller not to and then in retrospect they asked for it after I had then bought the replacement parts and used it. It is not criminal, I have already had clarification from my local police that as I acted in accordance with ebay rules it was a civil matter entirely.

Road_Hog

LittleAoife wrote: »

So your saying despite my offer to return and them now refusing (in writing) but they in retrospect backtracking

I wasn't having a go at you, I quoted another poster who gave erroneous advice in saying the item belongs to you. Which is not true, feel free to call CAB or Trading Standards to confirm this.


The law is quite clear on this, if you buy an item and then are refunded in full, you are legally obliged to return the item.


Now most people/businesses may write it off and calculate that it isn't worth the hassle, but once in a while you may come across someone like me, who fills in the court paperwork.


Now I understand that perhaps you feel the seller wasn't the best in the world, but the point that I was making is, the person I quoted was wrong, the item is not yours, because he says so or ebay says so and people need to understand this, because they could end up with a court summons.

LittleAoife

Road_Hog wrote: »

I wasn't having a go at you, I quoted another poster who gave erroneous advice in saying the item belongs to you. Which is not true, feel free to call CAB or Trading Standards to confirm this.


The law is quite clear on this, if you buy an item and then are refunded in full, you are legally obliged to return the item.


Now most people/businesses may write it off and calculate that it isn't worth the hassle, but once in a while you may come across someone like me, who fills in the court paperwork.


Now I understand that perhaps you feel the seller wasn't the best in the world, but the point that I was making is, the person I quoted was wrong, the item is not yours, because he says so or ebay says so and people need to understand this, because they could end up with a court summons.

Sorry, I misunderstood. Well the seller now has £300 and I have the item. Let's hope that's the end of it!
Although I hope for my sake they don't take this further if what you say is true.:eek: