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eBay refuses my refund

2

Comments

  • Ms_Chocaholic
    Ms_Chocaholic Posts: 13,392 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You need to print off the eBay listing as soon as possible, the completed listings aren't there forever and if you're going to take this to small claims you'll need it.
    Thrifty Till 50 Then Spend Till the End
    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
  • campdave
    campdave Posts: 2,198 Forumite
    Hi campdave

    I do have proof as I have a receipt from the elderly man and signed by him so would that make a difference

    No, how will ebay know it's the old man's signature and not just yours?
  • sequence
    sequence Posts: 1,877 Forumite
    If you had paid by paypal you could have gotten a refund. But not for cash. How can ebay refund when they haven't even seen any money change hands ?
  • sabretoothtigger
    sabretoothtigger Posts: 10,036 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    edited 8 December 2013 at 11:41PM
    My guess is it will not be an easy win as the goods were exchanged by a private seller. If this was a car with part of exhaust missing you'd not get any redress so far as I know. Obviously with some genius legal mind maybe it'd be otherwise but Ive taken this route a couple times and in this case I think nope

    It does sound like a bit of a con, I doubt there is any elderly people


    Iam wondering if parts are missing & the seller really has no idea where they are, perhaps it was nicked or ripped out of an empty house. That does seem more likely though Im not sure if that makes it more pursuable.

    Its not much of a positive but if we are talking a solid chunk of metal, its worth something as scrap I guess. Or maybe list as parts for a fire, people sell non working equipment on ebay all the time because some have the skills to fix it
  • booter
    booter Posts: 1,691 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I agree with all previous advice - but I'd probably try thinking outside the box, so to speak. Firstly, how reputable is your fitter? How accurate is their advice? If they say that there are 3 parts missing, what are the parts? And are you sure that they're obsolete? I know, loads of questions, but it couldn't hurt to get a 2nd opinion :) Tbh, it sounds as if you really want and like the stove and if this is the case, then if it were me, I'd be trying all routes to try and get the parts - even to the point of getting them made to order if possible (there are loads of small engineering companies who're struggling for orders :)). I'm not a fitter and have no engineering experience, so I don't know if it would be possible, but I think with a little research, you never know...?? I hope this makes sense :)
  • 8791chriscat
    8791chriscat Posts: 9 Forumite
    edited 9 December 2013 at 11:45AM
    I'm no expert but surely I've entered into a contract with him and I believe I have a right to my money back as it was listed "in good working order" I've had 2 independent fitters tell me the same, both told me if I could find the parts I would be lucky as there like gold dust.

    I have printed everything off thank goodness as I have a feeling the item will be removed by the seller.

    I've noticed a buyer who bought some goods after me has had the same issues, I know it's nothing to do with my case but it shows me what kind of rogue I've dealt with and quite honestly I'm beginning to believe I'd be better off being one myself.

    Thanks for all your advise, I do appreciate it.
  • bxboards
    bxboards Posts: 1,711 Forumite
    I'm no expert but surely I've entered into a contract with him and I believe I have a right to my money back as it was listed "in good working order" I've had 2 independent fitters tell me the same, both told me if I could find the parts I would be lucky as there like gold dust.

    Unfortunately if this was a private sale (not a business sale) and you collected in person after inspection, a legal right (as opposed to a moral right) to a refund may or may not exist.

    You will need to go via the legal process already outlined to see if this right exists and if you can enforce it. You may find that if this was a private sale, it may be a case of 'caveat emptor', but at this point if the seller is refusing to refund, you will need to consider legal options.
  • pulliptears
    pulliptears Posts: 14,583 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If the ad stated the stove was fully working and it wasn't, nor couldn't have been if it was missing parts, then you have right to recourse under the misrepresentation act.

    Take them to SCC.
  • If the ad stated the stove was fully working and it wasn't, nor couldn't have been if it was missing parts, then you have right to recourse under the misrepresentation act.

    Take them to SCC.

    That's why I think I should be refunded. It's not as described and it should of been advertised as spares or repair
  • bxboards
    bxboards Posts: 1,711 Forumite
    That's why I think I should be refunded. It's not as described and it should of been advertised as spares or repair

    I don't think anyone here is dis-agreeing with you, but Ebay cannot help as they have no visibility of a collected item, paid in cash. From their point of view, there is no proof the transaction even took place, so they are in no position to assist.

    You can get recourse - but not via Ebay.
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