ARRGGH!! rotten luck with ebay lately, need help please

bedshaped

I've bought an item from ebay which has turned out to be faulty, The seller claims in his listing that the power light came on but thats as far as he tested it. Now he also stated no returns in his listing.

Where do I stand?

I've offered to return it via trackable method for a refund or replacement working item - he has refused to do either, he's saying that he's tested it and it works and that he doesnt have to because he said he wouldnt accept a returned item.

I've opened a paypal claim and I'm waiting to hear from him through that

I'm worried as well because I've recently had to claim via paypal for 4 identical items which I bought from one seller but had to pay separately as the seller specified immediate payment. The seller never sent the items and I won the claim and got my money back (along with many others who were also scammed by that same seller - he's had 21 negs so far for the same items not sent)

Will paypal be suspicious and block my account for too many claims? I'm so peed off, the item i bought which doesn't work was instead of one of the items that wasn't sent by the other seller. I just don't think I'm meant to own this thing! and I'm rapidly losing faith in ebay.

frivolous_fay

Slightly confused... you say he tested that the light went on, but also that he's tested it and it works...?

If he didn't state it was definitely fully working, then generally, the risk is yours...

I wouldn't worry too much about the multiple claims - at least PP will see they were with the same person.

goshdarnit

bedshaped wrote: »

The seller claims in his listing that the power light came on but thats as far as he tested it.

And you actually beleived that

Presumably this was sold as faulty, in which case it was faulty, and you got what you paid for. If it was sold as working it should have arrived working.

Time2Go_25

Put it down to experience as you wont win this claim.

corbyboy

Was it sold as faulty or as working? What sort of item was it?

whypayhighfees

bedshaped wrote: »

I've bought an item from ebay which has turned out to be faulty, The seller claims in his listing that the power light came on but thats as far as he tested it. Now he also stated no returns in his listing.

Where do I stand?

AFAIK, any future course of action will depend on two points.
1. What was stated in the actual auction?
If the item was listed as faulty / in need of repair / untested / broken or words to that effect, then you're out of luck, so chalk it up to experience, sulk for a bit and then go down the pub.

2. Is the guy a professional trader. The term trader has legal standing and carries legal obligation. The basic definition to work out whether someone is a trader is "Does s/he buy goods specifically for resale and sell more than occasionally?" If yes, then the law will consider them to be a trader and therefore liable for tax AND liable to work under the distance selling laws as well as the Sale of Goods Act.

So, basically, if he didn't already state it was broken/damaged/dodgy/suspect AND/OR he's a trader, then you stand a chance of forcing him to play nicely and sort your problem. This may mean using Trading Standards or even the Small Claims Court.

The big question is: is this item really worth the hassle? If so, go for it.

bedshaped

frivolous_fay wrote: »

Slightly confused... you say he tested that the light went on, but also that he's tested it and it works...?

If he didn't state it was definitely fully working, then generally, the risk is yours...

I wouldn't worry too much about the multiple claims - at least PP will see they were with the same person.

He said in the listing it that he plugged it in and the power light came on and that was as far as it was tested.

When I asked about a refund or replacement item, he then replied and said it was working.

custardy

working as far as the listed stated it was