How to take legal action through the Small Claims Court against Ebay seller?

RFW

AFC999 said:

I can’t see that he is a business seller but he does have 129 items for sale and has sold over 200 items so not what I would call a private seller.
I don’t usually sell items on EBay so not really up to speed on the ins and outs of selling but I have been with EBay for over 24 years as a buyer and never really had a problem before and when I did it was sorted very quickly.
i was wondering when I saw all of the items for sale if Ebay decided that he was a better income source.
I have sent another letter to EBay detailing the sale and my actions together with a copy to Trading Standards.Has anyone had any luck with Trading Standards in this area?

You need to get back to Ebay. I don't believe you've exhausted every avenue there. I know that's a bit of a pain but it's your quickest way to sort it.
I'm a seller on various marketplaces but also a consumer occasionally. I recently had an issue with a coat I bought my son on Ebay. It was meant to be age 11-12 but it arrived and was way too small for the size. I asked to return and they wanted me to pay for postage as I clicked on "incorrect size". I should have clicked "not as described" but I rarely return stuff so not an area of expertise. I was unable to get them to pay for postage so I got in touch with Ebay who told me to go through a third party complaint to the seller (a big company in this case). I did that but realised that would take too long so I got back in touch with Ebay and said that I didn't want to wait and it wasn't my fault the product was sized incorrectly, etc.. They then gave me a refund without return.
It's a matter of perseverance and trying different ways to contact. All of which is annoying but a lot quicker than Trading Standards or court.

Just on Trading Standards they can be really good but they tend to be hit and miss whether they even take up your case.

On whether Ebay considered the seller a better source of income they really don't work like that. The chances are you're probably a better source of income anyway. A 24 year buyer is more valuable to Ebay than a seller who refuses customer returns.

AFC999

I have just looked on TrustPilot about Ebay https://www.trustpilot.com/review/ebay.com and the reviews are terrible - not sure if they do protect the buyer.

soolin

AFC999 said:

I have just looked on TrustPilot about Ebay https://www.trustpilot.com/review/ebay.com and the reviews are terrible - not sure if they do protect the buyer.

Firstly, the buyer guarantee would have covered the OP but unfortunately they accidentally opened a change of mind return instead of a SNAD one. 

Also While you’re there look up most other major selling sites like Amazon, 

https://uk.trustpilot.com/review/shipping.amazon.co.uk


Etsy

https://uk.trustpilot.com/review/etsy.co.uk

Asos

https://uk.trustpilot.com/review/www.asos.com

by their very nature reviews are left mainly by unhappy people, how many 5* ratings have you left for places like Amazon and eBay when you’ve bought or sold something that went well? 

RFW

AFC999 said:

I have just looked on TrustPilot about Ebay https://www.trustpilot.com/review/ebay.com and the reviews are terrible - not sure if they do protect the buyer.

They don't always but the buyer has most of the rights when buying online. It's more a case of knowing how it works and what your rights are when sorting out a problem. Most of the big firms will go above and beyond if you push them enough. With Amazon and Ebay I find live chat usually has the best results provided you know you're dealing with a real person.

RFW

soolin said:

AFC999 said:

I have just looked on TrustPilot about Ebay https://www.trustpilot.com/review/ebay.com and the reviews are terrible - not sure if they do protect the buyer.

Firstly, the buyer guarantee would have covered the OP but unfortunately they accidentally opened a change of mind return instead of a SNAD one. 

It's something that needs addressing. It seems to go against consumer rights to not allow a case to be changed once opened.

soolin

RFW said:

soolin said:

AFC999 said:

I have just looked on TrustPilot about Ebay https://www.trustpilot.com/review/ebay.com and the reviews are terrible - not sure if they do protect the buyer.

Firstly, the buyer guarantee would have covered the OP but unfortunately they accidentally opened a change of mind return instead of a SNAD one. 

It's something that needs addressing. It seems to go against consumer rights to not allow a case to be changed once opened.

If I were the OP I might still try phoning ebay and explaining the situation- especially as they have confirmation that the part is not genuine. 

AFC999

I do accept that some of the review sites like Trustpilot tend to attract people who are not happy with purchases or services but on the other hand, it does show just how many people are not happy with the way that they were treated and why and not responding to complaints makes the situation worse.
I used to work for one of the world's largest successful banks and they went out of their way to satisfy customers because they knew that one dissatisfied customer could tell any number of friends and colleagues about their experience and this could potentially lose unlimited new customers. 

AFC999

Any thoughts on sending the item to Ebays London address - it is of no use to me and I can't sell it because it is not what the seller stated. I know it would cost to send it but it may be interesting to see what Ebay does after receiving a rejected item?

soolin

AFC999 said:

Any thoughts on sending the item to Ebays London address - it is of no use to me and I can't sell it because it is not what the seller stated. I know it would cost to send it but it may be interesting to see what Ebay does after receiving a rejected item?

They’ll probably ignore it, an unsolicited package to a forwarding address ….probably won’t get out of the post room bin. 

RFW

AFC999 said:

Any thoughts on sending the item to Ebays London address - it is of no use to me and I can't sell it because it is not what the seller stated. I know it would cost to send it but it may be interesting to see what Ebay does after receiving a rejected item?

That would be a waste of money. It's not Ebay's, even if their office accepted it. You may as well send it anywhere, it would have the same effect.