eBay buyer requesting to return - help!

ANNA

I've recently returned to eBay private selling after a pause of over a year. I'm still familiarising myself with the new rules.

I started with selling bulky collection in person items. Now I have a buyer wanting to return an item, claiming it is faulty or broken. I have 100% positive feedback. I sold a used fold-up guest bed. I showed my buyer how it works and he had the opportunity to examine it, which he did. Now, 2 weeks later my buyer wants to return it. Perhaps the guest stay is over! Was I used as a free hire service? I've already left positive feedback, but got no feedback in return.

If my buyer opens an eBay case, am I likely to have to accept the return, as I'm familiar with from past sales? Could I be made to pay the return courier, even though this was collection in person?

I'm a bit worried and I feel used. Surely my buyer should relist for sale if no longer needed. It was in no way faulty when I sold it.

I've tried to telephone eBay but there's a recorded message referring me to eBay help pages.

Please advise if you have recent experience.

the_lunatic_is_in_my_head

Hello OP, I believe a buyer can open a return for a collection item and you'd be required to arrange return and refund. 

It might be best to just accept and ask them to drop the item back to you so you can refund.

NBLondon

I'd hope you can challenge if it was fine when they took ownership.  If they return in person, you could see if they had damaged it in the intervening time and then refuse the refund.

km1500

others may know but I didn't think you had to accept a return for something that had been collected in person as they had an opportunity to examine it before taking it away

se2020

How did they pay for it?

the_lunatic_is_in_my_head

se2020 said:

How did they pay for it?

This is a good point, if they paid cash or anything not through eBay then the buyer isn't covered by the Money Back Guarantee. 

km1500 said:

others may know but I didn't think you had to accept a return for something that had been collected in person as they had an opportunity to examine it before taking it away

I might have missed it, but a quick scan through the exclusions doesn't appear to mention collection item not being covered. 

janb5

I have had a similar experience where a garden table was collected.  I offered the buyer padding to take it home which was refused.  They then contacted me to say it was broken and wanted a refund.  Collection items are not eligible for refunds only items that that are sent are the responsibility of the seller.

Clive_Woody

Surely distance selling regs are relevant, and by collecting in person these do not apply as the purchaser had the opportunity to inspect the item in person before completing the transaction.

the_lunatic_is_in_my_head

Clive_Woody said:

Surely distance selling regs are relevant, and by collecting in person these do not apply as the purchaser had the opportunity to inspect the item in person before completing the transaction.

OP is a private seller so the distance selling regs (now replaced with the cancellation regs) wouldn't apply but even if OP were a business the buyer isn't looking to cancel, they are claiming the goods are not as described which is covered by the CRA for businesses or aspects of the Sale of Goods Act for private sellers. 

In any event eBay's Money Back Guarantee would trump any of this unless the seller wanted to try to taking further action via small claims which probably isn't advisable over a 2nd hand bed  

JetpackVelociraptor

As a private seller op isn't subject to distance selling regulations, so only eBay's rules apply. I would suggest contacting eBay via chat if you can't get through on the phone, and telling them that they buyer inspected the item on collection and was happy with it then, and you don't believe that it is faulty. Get that on record with them first. Have they told you what the fault is? Is it something they would have been able to see when they picked it up, or is it something that would have developed later on?

If the buyer paid you in cash in person, they won't be able to force the return and eBay won't help them get their money back. If that's the case, you can just tell them that it wasn't faulty when they collected it. You might get negative feedback and you might not be able to get it removed, but you won't lose your money.

If the buyer paid through eBay, they can open a returns case for it being faulty and eBay will force you to accept the return and refund it. As it's too big for a tracked service they won't automatically produce a postage label, but if the buyer refuses to bring it back themselves and you refuse to arrange someone to go get it, eBay will eventually force the refund through and then the buyer will have their money back and the guest bed. It's in your interest to make sure that doesn't happen, so if the buyer opens a case don't let it time out without responding. You may be able to appeal to eBay after the fact for a refund of your postage costs if you take the hit, but you won't be able to appeal for a refund of the value of the item if they've forced you to refund the customer.

Do you have a vehicle large enough to take it back yourself? You would be amazed at how many problems just like this one can be solved by offering to come and get it in person - if you're a woman, mention that you'd be coming with your brother, husband, boyfriend etc to inspect and collect it. Sometimes the faults will just miraculously disappear the second you make the offer! Be careful with your wording, but make sure you tell them that you'll be checking it on collection to see what has happened to it.

Make sure you send all message through eBay messages and/or through the case system if they open a case. Imagine eBay customer service reps will be reading those messages. To have them on your side you want them to see that you're doing your best to work with the buyer, but the buyer is being unreasonable. Be sympathetic but firm - it's all very unfortunate and there wasn't a fault when they collected it, but of course you'll do everything you can to help them.

If all else fails and eBay side with the buyer, and you're still certain that it was a "free hire" scam, you can report the buyer to action fraud and take them to small claims court - after all that, you'll have their name and address.

ANNA

Thank you all for your helpful advice.

My buyer paid via eBay. I have to weight up the loss of a sale and return of a damaged item, against the nuisance factor and possible negative feedback and possible return courier costs.

My buyer travelled a substantial distance to collect in person, and did so twice because he turned up without an appointment! He is prepared to do the mileage again to return it. It makes no sense financially with the cost of fuel! There are plenty of folding guest beds available locally on eBay.

I have decided to accept the return. I intend to ask my buyer to open a case, so that I get the eBay fees refunded. I do not think my buyer is entitled to a return, but I believe that my time is better spent elsewhere, eg. listing more items.