eBay money back guarantee

Doctak

Has anyone had any experience of an EBay money back guarantee being challenged? I won a case and was awarded a full refund for item not described, I understand the seller tried to lodge an appeal to eBay after the refund was issued (which failed), they have since tried to persue me personally for the money,
eBay PayPal were both notified of the harassment from the seller and stand by their decision, I have now had a small claim / online money claim against me and have submitted a defence but if anyone has similar experience or can offer any advice I'd appreciate it .

forgotmyname

Not personally no, ebay/paypal are no longer an issue now.

Just to clarify: Your the buyer?

You bought an item not as described for whatever reason, you opened a case and returned the item to the seller. Seller failed to refund so ebay or paypal refunded you from the sellers account?

Is this what happened?

Even a weak defence should see no issues in court. Item was not as described, you wanted your money back. simple.

theonlywayisup

I have pursued a handful of buyers for misuse of the EMBG scheme. I have only issued LBA's (letters before action) and all were successful. That is not to say that I challenge every return, but I have had a couple of chancers.

Without more information it is difficult to give you any advice.

soolin

On one of the 'bailiffs are coming' type programme they were collecting a court debt from a buyer over an engine bought on eBay and returned under the eBay money back guarantee. However seller had gone to court and as far as I recall (and I may well be wrong as those programmes tend to be one sided in that you don't get the full picture) and had won by default as buyer had not defended the case.

Personally as long as you defend the case and there was nothing odd going on, and seller was given the chance to get their goods back, I can't see money claim online overturning a decision that had a basis in law- which eBay buyer guarantee has.

U.K. Law states a buyer has a change of mind guarantee for online sales , eBay merely follow that law, it cannot be overturned by a different court with no good reason.

sam.4000

Doctak wrote: »

Has anyone had any experience of an EBay money back guarantee being challenged? I won a case and was awarded a full refund for item not described, I understand the seller tried to lodge an appeal to eBay after the refund was issued (which failed), they have since tried to persue me personally for the money,
eBay PayPal were both notified of the harassment from the seller and stand by their decision, I have now had a small claim / online money claim against me and have submitted a defence but if anyone has similar experience or can offer any advice I'd appreciate it .

Did you send the item back to the seller?

soolin

sam.4000 wrote: »

Did you send the item back to the seller?

Actually the law does not require the buyer to return the item, the seller must just be given the opportunity to arrange for collection at their own cost. If the case went through eBay then seller would have been asked to supply pre paid labels for the return, and should they choose not to provide them then buyer wins without having to return item.

However, usually on here we suggest buyer sends one final message to seller saying they will hold goods for X amount of time pending collection arrangements and after that time item will be disposed of.

Doctak

Yes, I was the buyer

Doctak

theonlywayisup wrote: »

I have pursued a handful of buyers for misuse of the EMBG scheme. I have only issued LBA's (letters before action) and all were successful. That is not to say that I challenge every return, but I have had a couple of chancers.

Without more information it is difficult to give you any advice.

I was denied the option to return, and was not advised of my rights of return, though demands for money were made after I won the case I wasn't issued with a LBA either.

Doctak

I tried this argument with the seller and they stated eBay was just platform they use to sell, they insist they don't have to be bound by eBay's t&c .. I'm sure it's something we all agree to adhere to regardless if we're buyers are sellers.

Doctak

They refused to collect or allow return

Doctak

soolin wrote: »

Actually the law does not require the buyer to return the item, the seller must just be given the opportunity to arrange for collection at their own cost. If the case went through eBay then seller would have been asked to supply pre paid labels for the return, and should they choose not to provide them then buyer wins without having to return item.

However, usually on here we suggest buyer sends one final message to seller saying they will hold goods for X amount of time pending collection arrangements and after that time item will be disposed of.

The seller was offered opportunities to collect by eBay, and numerous occasions by me and ignored requests, I sent a final letter stating how long I was prepared to hold the item and request collection making time the essence which was ignored