Am I within my rights ?

k9love

I sold a phone on Ebay on the 1st of May.
I was only 3 weeks old and was in perfect working order, supplied with original box, all accessories and receipt.
Then out of the blue 21st September I got a notification from Paypal that there was a claim out for a faulty/not fit for purpose refund.
I had not received any messages from the buyer about it.
Anyway Paypal declined the refund as the buyer has had the phone for nearly 5 mths.
now ive had an email from the buyer saying he is going to set up a chargeback claim and I wouldn't get the phone back if he went down that route, or he could open a case in Ebay and give me the option to take it back.
I did explain to him it was in perfect working order when he received it and obviously its worked till now, I don't want to take it back after all this time, I don't know how its been treated etc.
Am I within my rights to refuse a return?
Where do I stand on this?

soolin

k9love wrote: »

I sold a phone on Ebay on the 1st of May.
I was only 3 weeks old and was in perfect working order, supplied with original box, all accessories and receipt.
Then out of the blue 21st September I got a notification from Paypal that there was a claim out for a faulty/not fit for purpose refund.
I had not received any messages from the buyer about it.
Anyway Paypal declined the refund as the buyer has had the phone for nearly 5 mths.
now ive had an email from the buyer saying he is going to set up a chargeback claim and I wouldn't get the phone back if he went down that route, or he could open a case in Ebay and give me the option to take it back.
I did explain to him it was in perfect working order when he received it and obviously its worked till now, I don't want to take it back after all this time, I don't know how its been treated etc.
Am I within my rights to refuse a return?
Where do I stand on this?

If he is planning a chargeback then he is no longer looking for a refund, so you have nothing to refuse or accept. The only chargeback he can easily do through PayPal will be easily dealt with by you with proof of,posting and proof of delivery, but watch your PayPal account carefully and make sure you respond to anything opened.

However, I suspect it is all bluster and he is hoping you will refund , if he does try PayPal he must know he can't do anything easily.

TripleH

Did the client pay through paypal for the phone? He may well be too late to successfully lodge an appeal on eBay depending on the case he tries to open (assuming he still can).

My understanding of paypal (which may be wrong), is that he cannot have 2 bites of the cherry here with you. You accepted payment from paypal for the phone not his crefit card provider hence you have no contract with them. He may find he shoots himself in the foot here as paypal may well refuse the chargeback saying he 'bought' a giftcard off of himself for the exact amount he simultaneously used to buy a phone so he has received thecservice he paid for?..

Please note, I'm not certain, the above is my opinion only. I just don't think paypal works hiw hevthinksbit does.

soolin

TripleH wrote: »

Did the client pay through paypal for the phone? He may well be too late to successfully lodge an appeal on eBay depending on the case he tries to open (assuming he still can).

My understanding of paypal (which may be wrong), is that he cannot have 2 bites of the cherry here with you. You accepted payment from paypal for the phone not his crefit card provider hence you have no contract with them. He may find he shoots himself in the foot here as paypal may well refuse the chargeback saying he 'bought' a giftcard off of himself for the exact amount he simultaneously used to buy a phone so he has received thecservice he paid for?..

Please note, I'm not certain, the above is my opinion only. I just don't think paypal works hiw hevthinksbit does.

An eBay claim for SNAD can only be made up to 30 days from the last estimated delivery date, so buyer has no claim at all on eBay. PayPal allow claims, usually for fraud only though up to 180 days from sale, however as you rightly say buyer has tried and lost a SNAD claim already.

A third party warranty type claim , assuming buyer paid for it via credit card is unlikely to be accepted, and if buyer gets naughty and tries opening a case for fraudulent use of a card then as per my post OP can easily defend that.

k9love

soolin wrote: »

If he is planning a chargeback then he is no longer looking for a refund, so you have nothing to refuse or accept. The only chargeback he can easily do through PayPal will be easily dealt with by you with proof of,posting and proof of delivery, but watch your PayPal account carefully and make sure you respond to anything opened.

However, I suspect it is all bluster and he is hoping you will refund , if he does try PayPal he must know he can't do anything easily.

Thanks for replying.
In his email he said in a chargeback his bank would take the funds out of my bank to refund him?
Also I wouldn't get the phone back if he took this route?

kathrynha

k9love wrote: »

Thanks for replying.
In his email he said in a chargeback his bank would take the funds out of my bank to refund him?
Also I wouldn't get the phone back if he took this route?

That's how chargeback works, but only if he paid you directly for the phone. He didn't, he paid through paypal.

He might be able to try and get his bank to do a chargeback through facebook, but I wouldn't think the bank would allow it for a transaction in May

soolin

k9love wrote: »

Thanks for replying.
In his email he said in a chargeback his bank would take the funds out of my bank to refund him?
Also I wouldn't get the phone back if he took this route?

Buyer certainly sounds like he doesn't have a clue. A chargeback would need to go via PayPal, and he's already lost the case there.

k9love

soolin wrote: »

Buyer certainly sounds like he doesn't have a clue. A chargeback would need to go via PayPal, and he's already lost the case there.

Thanks again
This is the email.

Hi ive just spoke to paypal and they have advised me to open a chargeback via my bank, they said my bank will reverse the payment from your bank back to me but i wouldnt want that to happen without you recieving the phone back, so again i suggest that if i open a ebay case then you can accept the return and you can send phone to huwaie repair centre then re-sell it, i await your reply on how to proceed.

TripleH

I suspect he is trying to scare you into giving him what he wants but rather than yelling he is being more passive in the hope you back down because you think his calm manner means he is right.

As said above, he cannot get a refund from you through paypal, he tried that and failed. He has misunderstood how chargebacks work and if he tried it now, he would be claiming off of paypal not you. Keep an eye on your account however in case he gets someone inexperienced desling with it.

Please come back here gor more advice if you need it. Soolin (snd many others) know what they are doing and speak from experience on these matters. You shoukd be in good hands here.

soolin

k9love wrote: »

Thanks again
This is the email.

Hi ive just spoke to paypal and they have advised me to open a chargeback via my bank, they said my bank will reverse the payment from your bank back to me but i wouldnt want that to happen without you recieving the phone back, so again i suggest that if i open a ebay case then you can accept the return and you can send phone to huwaie repair centre then re-sell it, i await your reply on how to proceed.

Unless someone has a better idea, I think I'd be tempted to ignore him now and wait for his next move. Come back and update if he tries anything else.

k9love

soolin wrote: »

Unless someone has a better idea, I think I'd be tempted to ignore him now and wait for his next move. Come back and update if he tries anything else.

I intend to ignore him now, Im just worried he comes back with more threats, I don't use Ebay much but have a 100% positive feedback, Im actually going to close my account when this is sorted, too much trauma!