Not obliged to return items

d123

soolin wrote: »

In your previous post you used this term :

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

Exactly, I’m asking him to reflect if he is, I’m not calling him anything.

That’s just basic English comprehension...

soolin

Out of interest, if as a buyer receives a damaged item and seller refuses point blank to refund it or arrange to collect it or supply a return label what would that buyer do if ebay forced the refund? The choice is either to refuse the refund and keep the damaged item or have both until seller sees reason and arranges to collect.

Are people actually saying they would return the refund if seller makes no contact and makes no arrangement to collect the damaged item?

d123

soolin wrote: »

Out of interest, if as a buyer receives a damaged item and seller refuses point blank to refund it or arrange to collect it or supply a return label what would that buyer do if ebay forced the refund? The choice is either to refuse the refund and keep the damaged item or have both until seller sees reason and arranges to collect.

Are people actually saying they would return the refund if seller makes no contact and makes no arrangement to collect the damaged item?

From the seller’s email that the OP posted that is not the situation here.

With regards to the hypothetical question, I would suggest it’s sensible to then treat the goods in the same way as goods received in error.

soolin

d123 wrote: »

From the seller’s email that the OP posted that is not the situation here.

With regards to the hypothetical question, I would suggest it’s sensible to then treat the goods in the same way as goods received in error.

Goods received in error- so again what happens if seller (or sender) will not respond to any request to collect the goods?

d123

soolin wrote: »

Goods received in error- so again what happens if seller (or sender) will not respond to any request to collect the goods?

You keep the goods safe and do it legally, send (legally acceptable) communication to the seller to arrange to collect their property (email isn’t acceptable iirc), and give them sufficient time to do so.

Should the seller not collect in reasonable time then dispose of the goods and be prepared to give whatever was received for the goods to the owner, keeping proof of the amount received (and it wouldn’t be acceptable to a court to “sell” to a friend for a fiver).

Finders keepers or selling other people’s property and retaining the proceeds isn’t acceptable in UK law.

I hope the seller in the OP’s case takes legal action against him if he does try and keep the seller’s property.

Read the seller’s email that was posted, while his English isn’t good it’s quite apparent he wants his item back.

vikingaero

We all know that eBay pay their resolutions staff with crack cocaine so they can come out with the most absurd decisions ever.


The bottom line is as an aggrieved buyer or seller, how much is your eBay account worth to you? What's the worst eBay generally do - they past it over to their in-house and ineffectual DCA - block emails and calls and shred letters.

rafhelp

d123 wrote: »

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




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.



But you want to pretend the seller hasn’t communicated with regard to the return...



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.

NO you really need to read and follow this from the first thread.


I said TO BEGIN with the seller did not contact me about sending item back, even though im 100% sure ebay would have told him he lost the dispute. The thing is this guy is just something else and was prob trying to get ebay staf fired for not agreeing with him.


Only AFTER I sent him TWO emails to ask him for the return label, he then prob realized he hs lost the dispute and then started slandering me with these accusive and tbh aggressive emails. You did this, you are wrong, you dont know jack s**t about pc, you dont know anything about windows and on and on....


So you cant agree with anything he has said in that quoted email, he is just making things up to have a go at me. For example if i didnt want to return the item why would I ask him for returns label? Thats also after eBay clearly said I dont actually have to return the item.



He was saying that updating Windows on a PC/laptop voids the warranty on it, which is absurd... when you by ANY laptop even a brand new one once you boot up into windows there is a chance the Windows will do automatic updates, like it did in my case, this is out of your control really unless you dont connect to the internet on it ever. So that would update the version of Windows, that would NOT void the warranty...what if you updated windows (which Microsoft advise as they are more secure versions) then the HD stopped working, according to him you then couldnt get it repaired under warranty.


He is just trying to rip people off, he would charge £50+P&P to install a new macos when on the listing he offers it for £19.99

rafhelp

d123 wrote: »

You keep the goods safe and do it legally, send (legally acceptable) communication to the seller to arrange to collect their property (email isn’t acceptable iirc), and give them sufficient time to do so.

Should the seller not collect in reasonable time then dispose of the goods and be prepared to give whatever was received for the goods to the owner, keeping proof of the amount received (and it wouldn’t be acceptable to a court to “sell” to a friend for a fiver).

Finders keepers or selling other people’s property and retaining the proceeds isn’t acceptable in UK law.

I hope the seller in the OP’s case takes legal action against him if he does try and keep the seller’s property.

Read the seller’s email that was posted, while his English isn’t good it’s quite apparent he wants his item back.

You dont understand at all....this was after I contacted him, he didnt contact me. The point is ive kept items in the past that ive been refunded for, why cos the seller prob knows they were dodgy or fake to begin with and know they wont be able to do anything with them.

d123

rafhelp wrote: »

The point is ive kept items in the past that ive been refunded for, why cos the seller prob knows they were dodgy or fake to begin with and know they wont be able to do anything with them.

Sounds to me like the seller made a pretty reasonable assessment of you and your intentions.

eBay_seller wrote:

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.

rafhelp

d123 wrote: »

Sounds to me like the seller made a pretty reasonable assessment of you and your intentions.

The seller told me to keep the item!!!



So why the hell would i send i back?


forget it you dont get it