Faulty item and had to claim back from CC company - now eBay seller wants return 20 weeks later

Wanderingpomm

They have a right to the item back but you don’t have to pay to return it. Tell them to send a courier. 

powerful_Rogue

the_lunatic_is_in_my_head said:

powerful_Rogue said:

the_lunatic_is_in_my_head said:

How much was the vacuum cleaner and how much did you spend to have it repaired? Was this a business seller or a private seller? 

If you decide to return it the packaging doesn't really matter as it's value isn't significant enough for the seller to reclaim. 

If it's repaired and you are happy with it offer the seller some money, otherwise advise them they can arrange for it's collection. 

Worth a question re court action, they engaged with the OP, agreed it was damaged and then went silent, so has the seller mitigated their losses and would the seller be able to claim costs?

Totally disagree. Why do you believe that?

How much is the product box going to be worth vs the minimum the seller is realistically going to get away with claiming from small claims?

If the seller wanted the box they should have followed eBay’s rules and arranged the return straight away rather than stringing the OP along.

The difference between a boxed and unboxed item. Clearly there is some value, as ebay have them as options.

the_lunatic_is_in_my_head

powerful_Rogue said:

the_lunatic_is_in_my_head said:

powerful_Rogue said:

the_lunatic_is_in_my_head said:

How much was the vacuum cleaner and how much did you spend to have it repaired? Was this a business seller or a private seller? 

If you decide to return it the packaging doesn't really matter as it's value isn't significant enough for the seller to reclaim. 

If it's repaired and you are happy with it offer the seller some money, otherwise advise them they can arrange for it's collection. 

Worth a question re court action, they engaged with the OP, agreed it was damaged and then went silent, so has the seller mitigated their losses and would the seller be able to claim costs?

Totally disagree. Why do you believe that?

How much is the product box going to be worth vs the minimum the seller is realistically going to get away with claiming from small claims?

If the seller wanted the box they should have followed eBay’s rules and arranged the return straight away rather than stringing the OP along.

The difference between a boxed and unboxed item. Clearly there is some value, as ebay have them as options.

Yes there's value, is small claims going to entertain someone claiming £20 or £40 for a box missing from damaged vacuum cleaner?

Based on other comments here (this board) I was under the impression trivial claims for small amounts are likely to be dismissed by the process so how is the seller going to get the money for the missing box?

powerful_Rogue

the_lunatic_is_in_my_head said:

powerful_Rogue said:

the_lunatic_is_in_my_head said:

powerful_Rogue said:

the_lunatic_is_in_my_head said:

How much was the vacuum cleaner and how much did you spend to have it repaired? Was this a business seller or a private seller? 

If you decide to return it the packaging doesn't really matter as it's value isn't significant enough for the seller to reclaim. 

If it's repaired and you are happy with it offer the seller some money, otherwise advise them they can arrange for it's collection. 

Worth a question re court action, they engaged with the OP, agreed it was damaged and then went silent, so has the seller mitigated their losses and would the seller be able to claim costs?

Totally disagree. Why do you believe that?

How much is the product box going to be worth vs the minimum the seller is realistically going to get away with claiming from small claims?

If the seller wanted the box they should have followed eBay’s rules and arranged the return straight away rather than stringing the OP along.

The difference between a boxed and unboxed item. Clearly there is some value, as ebay have them as options.

Yes there's value, is small claims going to entertain someone claiming £20 or £40 for a box missing from damaged vacuum cleaner?

Based on other comments here (this board) I was under the impression trivial claims for small amounts are likely to be dismissed by the process so how is the seller going to get the money for the missing box?

Who knows, however you saying 'It doesn't really matter' about the packaging is a bit disingenuous.

Jenni_D

If the goods are (were) faulty then the packaging is (in law) immaterial - there is no liability for the consumer to return (or allow to be collected) any faulty goods in their original packaging.

FlipMark

Thanks all. And I understand the position of most posters of 'you've had the refund, so you should return the item.', which I do also believe. I do not want anyone to be out of pocket.

However and for a bit more context, this individual was disingenuous throughout the weeks of me acting in good faith and basically tried to scam their way out of responsibility and granting a refund. They only communicated once they thought they were safe and outside of the window in which they were obligated to provide a refund. Thankfully both eBay and my credit card company corroborated my side of the story and the charge was reversed upon my appeal. They never agreed to the refund - their hand was forced.

IF I was dealing with an organisation or retailer, I would feel a lot more comfortable about going through this process or trying to reach a compromise. The issue here is that I do note believe this is what the individual wants. I believe their intention is that by requesting the item to be returned 20+ weeks after delivery, they know there is a fair chance that the condition has deteriorated (it hasn't) or it's been altogether discarded (it hasn't) and they are trying to launch a counter claim. My only issue is that I do not have the original product packaging anymore, and whether this would be enough for someone to find in their favour. I want to avoid the situation where I have to pay £350 and be left without any item.

Therefore a solution, if I can get comfortable dealing with a dishonest person, is to negotiate a fee that both sides would be happy with, but if this were to happen, then it would likely happen outside of eBay, etc., so I am not sure what security or guarantees I would have.

Am I backed into a corner because I don't have the original packaging?

born_again

FlipMark said:

Thanks all. And I understand the position of most posters of 'you've had the refund, so you should return the item.', which I do also believe. I do not want anyone to be out of pocket.

However and for a bit more context, this individual was disingenuous throughout the weeks of me acting in good faith and basically tried to scam their way out of responsibility and granting a refund. They only communicated once they thought they were safe and outside of the window in which they were obligated to provide a refund. Thankfully both eBay and my credit card company corroborated my side of the story and the charge was reversed upon my appeal. They never agreed to the refund - their hand was forced.

IF I was dealing with an organisation or retailer, I would feel a lot more comfortable about going through this process or trying to reach a compromise. The issue here is that I do note believe this is what the individual wants. I believe their intention is that by requesting the item to be returned 20+ weeks after delivery, they know there is a fair chance that the condition has deteriorated (it hasn't) or it's been altogether discarded (it hasn't) and they are trying to launch a counter claim. My only issue is that I do not have the original product packaging anymore, and whether this would be enough for someone to find in their favour. I want to avoid the situation where I have to pay £350 and be left without any item.

Therefore a solution, if I can get comfortable dealing with a dishonest person, is to negotiate a fee that both sides would be happy with, but if this were to happen, then it would likely happen outside of eBay, etc., so I am not sure what security or guarantees I would have.

Am I backed into a corner because I don't have the original packaging?

As OP has already got your money back via credit card. As they failed to contest the chargeback then the only way they can get their lose back is via the courts. 
So if it is returned (keep proof) then even if they went to court, they would lose as they could not have the funds & goods.

Going to court will be for the value of the item sale price, as that is what they have lost.

Jenni_D

As I've already said ... the (lack of) original packaging is entirely irrelevant. If you don't believe me, take a read of the CRA 2015 and/or CCR 2013.

the_lunatic_is_in_my_head

powerful_Rogue said:

the_lunatic_is_in_my_head said:

powerful_Rogue said:

the_lunatic_is_in_my_head said:

powerful_Rogue said:

the_lunatic_is_in_my_head said:

How much was the vacuum cleaner and how much did you spend to have it repaired? Was this a business seller or a private seller? 

If you decide to return it the packaging doesn't really matter as it's value isn't significant enough for the seller to reclaim. 

If it's repaired and you are happy with it offer the seller some money, otherwise advise them they can arrange for it's collection. 

Worth a question re court action, they engaged with the OP, agreed it was damaged and then went silent, so has the seller mitigated their losses and would the seller be able to claim costs?

Totally disagree. Why do you believe that?

How much is the product box going to be worth vs the minimum the seller is realistically going to get away with claiming from small claims?

If the seller wanted the box they should have followed eBay’s rules and arranged the return straight away rather than stringing the OP along.

The difference between a boxed and unboxed item. Clearly there is some value, as ebay have them as options.

Yes there's value, is small claims going to entertain someone claiming £20 or £40 for a box missing from damaged vacuum cleaner?

Based on other comments here (this board) I was under the impression trivial claims for small amounts are likely to be dismissed by the process so how is the seller going to get the money for the missing box?

Who knows, however you saying 'It doesn't really matter' about the packaging is a bit disingenuous.

So it what sense does it matter then?

the_lunatic_is_in_my_head

FlipMark said:

Thanks all. And I understand the position of most posters of 'you've had the refund, so you should return the item.', which I do also believe. I do not want anyone to be out of pocket.

However and for a bit more context, this individual was disingenuous throughout the weeks of me acting in good faith and basically tried to scam their way out of responsibility and granting a refund. They only communicated once they thought they were safe and outside of the window in which they were obligated to provide a refund. Thankfully both eBay and my credit card company corroborated my side of the story and the charge was reversed upon my appeal. They never agreed to the refund - their hand was forced.

IF I was dealing with an organisation or retailer, I would feel a lot more comfortable about going through this process or trying to reach a compromise. The issue here is that I do note believe this is what the individual wants. I believe their intention is that by requesting the item to be returned 20+ weeks after delivery, they know there is a fair chance that the condition has deteriorated (it hasn't) or it's been altogether discarded (it hasn't) and they are trying to launch a counter claim. My only issue is that I do not have the original product packaging anymore, and whether this would be enough for someone to find in their favour. I want to avoid the situation where I have to pay £350 and be left without any item.

Therefore a solution, if I can get comfortable dealing with a dishonest person, is to negotiate a fee that both sides would be happy with, but if this were to happen, then it would likely happen outside of eBay, etc., so I am not sure what security or guarantees I would have.

Am I backed into a corner because I don't have the original packaging?

If the seller was a business there are two things to note, the goods remained at the trader’s risk until they came in to your possession so as they were damaged whilst under their risk their loss is the value of a damaged vacuum cleaner.

Secondly if the trader refuses to repair or replace the goods you have the right to a refund but you also have the right to a price reduction where you keep the goods and accept their faults in exchange for the price being reduced. 

So if you offer the seller some money to keep the vacuum and both can agree to a price this is all good as far as I can see.

If that can’t happen then allowing the trader to collect the goods as they are is also fine.

If the seller was a private seller selling a one off vacuum they no longer wanted the goods must be as described but I’m not sure where risk passes.

The seller can argue about the box missing but it’s very unlikely they have an avenue to actually reclaim it.

As far as eBay will be concerned the matter is done and dusted. 

If you file a chargeback for an item purchased on eBay because it was not as described eBay advises sellers that they will try to recover the item for the seller but doesn’t guarantee it will happen, if eBay haven’t told you that you must return it by now then they aren’t going to.