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Not obliged to return items

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  • If I bought an item and received a refund but still had their item I'd return it to them if they paid for postage. If they failed to respond to me I would keep the item.

    Certainly doesn't seem right to keep your money and their item no matter what ebay claim.
  • rafhelp
    rafhelp Posts: 365 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Thats the point..

    eBay said DONT contact the seller, they have to contact you AND give you a retrun postage label. If they dont you are NOT obliged to return the item. If thats ebay policy then thats what you should do because you bought it on ebay.

    So after I agreed with ebay to return the item and went out my way to contact the seller (he didnt contact me) this is what he replied:
    Actually that has already been done and actingion taken by ebay to both discipline the staff involved as well as a log kept on the the FACT that it is in EBay own policy that ANY change to the actual operating system version itself on ANY form of device be it laptop deksotp or even mobile phone constitutes a change in the condition the product was received.
    You will find not only is this clear verifiable, but it is also the dame policy employed by PayPal (whom have also confirmed this). Not exactly surprising considering the UK Law takes the same view.
    The fact you neothe rknew this and even now refuse to acknowledge this even though it is evidentialy provable. Is not entirely surprising give that you did not even know that Windows is and has been 64 bits for years and no major device other than very small underpowered one may come with anything less.
    Yet claim to know about Windows licensing an dother apsects better than us who have decades of expertise in the field.

    I have clarified to you already in CLEAR terms that Ebay have closed the matter from there side and effe ticely washed there hands of it.
    The fact the money has been reimbursed to you closes the matter form there side as the have fulfilled there obligations to you.
    The fact you are refusing to accept this and want to retain the goods and have have the audacity to try and insinuate that reporting it to the police. Given that you are in possession of goods not paid for. Is beyond comprehensible.
    It is as suspected that you set out to misuse the eBay system and abuse your buyer rights. It is behaviour such as this that costs honest sellers who work hard time and money as well as ebay.
    You never had any intention of returning the laptop and obviously are taking advantage of ebay and myself. As you knew that there is no way to enforce a returns now that eBay have closed the case and concluded it. Yet insist on only returning it IF I can do that which is impossible.
    wrongful accusations, contradictions, unprofessional, difficult to read english and comes across as disgruntal in nature. Oh and this guy thinks he knows better than everyone, he even went as far as trying to get ebay supervisors and support team 'disciplined' for ruling against him, seriously?
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • d123
    d123 Posts: 8,730 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    rafhelp wrote: »
    Thats the point..

    eBay said DONT contact the seller, they have to contact you AND give you a retrun postage label. If they dont you are NOT obliged to return the item. If thats ebay policy then thats what you should do because you bought it on ebay.

    Ebay is not the law of the land, if you decide to be dishonest and keep something you haven’t paid for there’s a very good chance you’ll lose if the seller were to take you to court.

    Also, ask yourself, are you dishonest? Are you a thief?

    Why are you trying to justify keeping something that you haven’t paid for? Contact the seller and make arrangements for them to get their property back.

    It’s not yours...
    ====
  • rafhelp
    rafhelp Posts: 365 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    d123 wrote: »
    Ebay is not the law of the land, if you decide to be dishonest and keep something you haven’t paid for there’s a very good chance you’ll lose if the seller were to take you to court.

    Also, ask yourself, are you dishonest? Are you a thief?

    Why are you trying to justify keeping something that you haven’t paid for? Contact the seller and make arrangements for them to get their property back.

    It’s not yours...
    Before you reply and call people thiefs read the full post.


    Ive said few time I contacted seller to arrange return, ok?


    Also its not straight forward, ive heard of cases where ebay gives the refund not the seller so the seller is not out of pocket. In that case eBay IS the law of the land in determining who can keep the item, ok?
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • soolin
    soolin Posts: 74,081 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    d123 wrote: »
    Ebay is not the law of the land, if you decide to be dishonest and keep something you haven’t paid for there’s a very good chance you’ll lose if the seller were to take you to court.

    Also, ask yourself, are you dishonest? Are you a thief?

    Why are you trying to justify keeping something that you haven’t paid for? Contact the seller and make arrangements for them to get their property back.

    It’s not yours...

    If a seller refuses to correspond with a buyer, refuses to collect item or make other satisfactory arrangements for return of goods what do you suggest? A seller has responsibilities as well, as a seller myself I can't refuse to refund someone unless they personally hand deliver an item back to me that I refuse to accept!

    Think of the fun a dishonest seller could have, never needing to fulfil their legal requirement to refund as all they need to do is refuse to collect the item .

    Calling a buyer a thief because a seller thinks they are clever by refusing to refund as they will not collect item , is a bit off.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • How absurd. It's a shame some people have absolutely zero empathy. So let me spell it out. If you spent 5 years building a car in your garage and later sold it as a GREEN car and the buyer disputed the colour. You then have to refund them. Do you think it would be FAIR they keep your car too???? Actually I'll answer this for you. No you wouldn't. Nobody should have to tell you this. Next time, try putting the shoes on your feet
    rafhelp wrote: »
    if you buy something on ebay.



    Then have to open a dispute for item not as described and it is resolved in your favour..


    Does this mean you dont have to legally return the item?


    That is what I was told but what if its like a £400 laptop, or £500 Tv or £200 Hi-Fi.


    What if the seller doesnt give you a returns postage label?
    If I ruled the world.......
  • I have sold an item on ebay in the past with the buyer claiming item not as described. I sent them a return label, never actually got my item back and ebay refunded them. Tracking never showed the item as returned. So I'm certainly not a fan of ebay's stupid unfair policies.

    But if the seller is refusing to accept a return and not replying in regards to an item return then it's their own fault if they don't get the item back.
  • Bl**dy Millenials! :D grrrr (joking)
    Warning: any unnecessary disclaimers appearing under my posts do not bear any connection with reality, either intended, accidental or otherwise. Your statutory rights are not affected.
  • d123
    d123 Posts: 8,730 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 3 February 2019 at 1:25PM
    rafhelp wrote: »
    Before you reply and call people thiefs read the full post.
    soolin wrote: »

    Calling a buyer a thief because a seller thinks they are clever by refusing to refund as they will not collect item , is a bit off.

    Can I suggest you both take the effort to read before posting, at no stage was anyone called a thief.

    rafhelp wrote: »
    Ive said few time I contacted seller to arrange return, ok?

    It’s fairly evident from the seller’s email that you posted that you are wriggling around trying to keep the laptop and he wants it back.
    The fact the money has been reimbursed to you closes the matter form there side as the have fulfilled there obligations to you.
    The fact you are refusing to accept this and want to retain the goods and have have the audacity to try and insinuate that reporting it to the police. Given that you are in possession of goods not paid for. Is beyond comprehensible.

    It is as suspected that you set out to misuse the eBay system and abuse your buyer rights. It is behaviour such as this that costs honest sellers who work hard time and money as well as ebay.

    You never had any intention of returning the laptop and obviously are taking advantage of ebay and myself.

    As you knew that there is no way to enforce a returns now that eBay have closed the case and concluded it. Yet insist on only returning it IF I can do that which is impossible.

    But you want to pretend the seller hasn’t communicated with regard to the return...
    rafhelp wrote: »
    Also its not straight forward, ive heard of cases where ebay gives the refund not the seller so the seller is not out of pocket. In that case eBay IS the law of the land in determining who can keep the item, ok?

    Ebay is never the law of the land, it will always be a court and a court will take a dim view of dishonesty, you do not know that ebay has repaid you and isn’t pursuing the seller for the refund.

    It really is simple, you are trying to keep an item that you haven’t paid for, most honest people will not agree with your actions.

    You can try and justify it, but you are wrong to try and keep something that isn’t yours.
    ====
  • soolin
    soolin Posts: 74,081 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    d123 wrote: »
    Can I suggest you both take the effort to read before posting, at no stage was anyone called a thief.


    In your previous post you used this term :

    "Also, ask yourself, are you dishonest? Are you a thief?"
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
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