Ebay buyer claimed full refund and now reselling item in same condition?

freelancesam

I Sold a used item for £75 to an ebayer with bad feedback, they said the item is dented, opened a dispute for a refund (including courier costs) on the grounds that the item doesn't match the description given.
I appealed but ebay said their decision is final, the item is too large for ebay to return it so I have to arrange and pay for a courier to re-collect within 5 days or the buyer gets to keep the item under EU law.
So I try and sort it out by contacting the buyer and ebay, 5 days pass and ebay refund the buyer everything, they keep the item and are now reselling it on ebay under the same account using my images (IP infringement?) with the same description.. no mention of any dents!

Ebay have said by EU law, it's now their item and it's up to them whether they want to risk reselling it with a false description but that's nothing to do with me.

Is this not fraud? Where do I stand as a seller?

Cornucopia

Buy it back from them, and do to them what they did to you.

HiToAll

freelancesam wrote: »

I Sold a used item for £75 to an ebayer with bad feedback, they said the item is dented, opened a dispute for a refund (including courier costs) on the grounds that the item doesn't match the description given.
I appealed but ebay said their decision is final, the item is too large for ebay to return it so I have to arrange and pay for a courier to re-collect within 5 days or the buyer gets to keep the item under EU law.
So I try and sort it out by contacting the buyer and ebay, 5 days pass and ebay refund the buyer everything, they keep the item and are now reselling it on ebay under the same account using my images (IP infringement?) with the same description.. no mention of any dents!

Ebay have said by EU law, it's now their item and it's up to them whether they want to risk reselling it with a false description but that's nothing to do with me.

Is this not fraud? Where do I stand as a seller?

this is why we should vote Brexit

glentoran99

Cornucopia wrote: »

Buy it back from them, and do to them what they did to you.

Harsh, and probably some rule against advising that on here, but its what I would do, under different name of course

HiToAll

I couldnt possibly condone doing what others above me have said. However, should you do that the status quo should be returned.

Makalu

I'd actually go round to their house and get it back. I imagine this is the last thing you will do but I would be so mad. Ignore me...

bris

Tell Ebay to show you the law that allows this, it's absolute nonsense.


In the UK which is the only law you need to worry about, the buyer is now an involuntary bailee and he needs to go through the proper procedure before he can dispose of it. By selling it without warning it is him who is breaking the law. Not criminally but civil.


Google Involuntary bailee and warn him of the consequences he is facing, if your prepared to make him face them.

freelancesam

Thanks for the help, I did consider buying it back but they've put it up for collection only and they live 6 hours away!

freelancesam

bris wrote: »

Tell Ebay to show you the law that allows this, it's absolute nonsense.


In the UK which is the only law you need to worry about, the buyer is now an involuntary bailee and he needs to go through the proper procedure before he can dispose of it. By selling it without warning it is him who is breaking the law. Not criminally but civil.


Google Involuntary bailee and warn him of the consequences he is facing, if your prepared to make him face them.

I will look into this, the nice lady on the phone at ebay said that she won't take action because she believes the buyer is auctioning it off to get rid of the damaged item and ebay usually advise people to give it to charity shops.

unholyangel

HiToAll wrote: »

this is why we should vote Brexit

This is why people should try to become informed rather than voting ignorantly.

EU law is not binding on UK citizens (or companies) unless it is transposed into UK law. The EU makes regulations and directives - regulations the member countries need to transpose directly but directives the member states only need to achieve a common goal and are given some leeway in how to do that.

The EU are also responsible for all of our consumer rights, previously we had no consumer rights and a person would only have the same rights as a b2b transaction would.

Also, I recall of no EU regulation or directive that stipulates a buyer gets to keep the goods if the seller has not collected them within 5 days. I suspect very much that this is ebays own policy and shouldn't hinder OP from still chasing the buyer for their return. OP could also possibly consider reporting the buyer for fraud. They've made a false representation in order to expose OP to risk or loss and for their own benefit even if they didnt intend to permanently deprive OP of the goods.

choccyhoc2012

Ebay a waste of time I had the nearly the exact same thing they always side with the buyer irrelevant.