Need advice on an ebay problem

  WhiteTruckMan 22:47 03 Apr 2008

I bought an electronics item at the back end of feb for £15, + £10 p+p from an ebay shop seller. I wasnt happy with it and considered it not up to scratch, so I contacted the dealer who asked me to return it for testing, which I did. He claimed there was nothing wrong with it (which I disagree) but agreed to replace it with another item. He said he was going to dispatch it, but nothing arrived, and no indication of a delivery attempt ( ie a couriers card) was found. I gave it a week before attempting to contact him, only to find that he was closed (possibly for holiday) so I Emailed asking where my goods were. I emailed again after the date he was supposed to have re-opened, as I hadn't heard anything. He replied in less than helpfull terms. I replied saying I wanted the goods that I had paid for and now this evening he has replied that the goods are at his place and he wants either me to send a courier in or for me to pay a further £10 before he will despatch the goods. (no mention of another fee was made previously).

I am absolutely furious about this. If there is a problem with the courier he selected I believe that is something he should pursue, not me, and I have no idea whether he actually despatched the goods before he closed down.

Its been about 6 weeks now since I 'bought'this item and I am thouroughly brassed off. But I would appreciate some advice from someone who feels a bit cooler than me. Should I swallow this additional cost? complain to ebay? sue in the small claims court? something else altogether? I feel that I will not get any further by talking to this guy.


  Snec 23:10 03 Apr 2008

WTM, you'll find the the best advice you can get will be from the ebay forums.

  Snec 23:11 03 Apr 2008
  spuds 23:33 03 Apr 2008

Depending on their feedback rating, whether they are 'trade' and/or power seller, can make a difference. On the very rare occasions that I have had a problem, I have always sent a polite email via the eBay contact member facility, explaining that I want a mutual satisfactory resolution to the problem. I generally send two emails of about a 5/7 day span, suggesting or stating that I will commence a dispute complaint procedure.

Only once have I commenced a dispute procedure. And that resulted in eBay passing on the complaint to PayPal, who eventually reimbursed me. Would mention that PayPay may charge a £15.00 admin fee (see their terms and conditions, because they will refer you to them). With my complaint, I managed to eventually get all my money back, and kept the item as well.

Thinking in terms of small claims court, is really a no go for such a small amount. But thats for you to decide. Sometimes a 'polite' threat can or cannot resolve a problem.

I guess it depends if the original product was actually satisfactory or not which only you and him can decide.

If it was, as he claims, then it is not totally unreasonable to ask for postage costs for an alternative item although £10 seems quite high (although we don't know how big or heavy the product is and he is offering you to use your own courier if you prefer).

  lisa02 00:03 04 Apr 2008

"I wasnt happy with it and considered it not up to scratch"

Did it meet the description in the listing? If it didn't you could use that as a basis for complaint. If it did and you just weren't happy with the item I'd ask for the cost back but not postage.

In a nutshell I'd be asking for £15 refund or another item posted.

I'm not sure how or if DSR applies to eBay.

  rdave13 00:51 04 Apr 2008

If you paid via PayPal then I'd go that route. You'll need to state that you contacted the seller for an amicable outcome to the problem and that it was not forthcoming. State that the sellers demands are unreasonable and leave it to them.
You will have to abide by their decision. Generally PayPal will sort it out with time.

  WhiteTruckMan 01:01 04 Apr 2008

was a cheap (but it doesnt seem that way now!) car stereo. It was an identical model replacement for an existing unit that expired. The new one worked, but was severely 'deaf' , struggling to lock onto stations. Another one from a different vehicle had no problems, so I knew the installation wasnt at fault. It was a manufacturer specific unit. Thats why I returned it.

I think on reflection I will present him with two choices-1 send the unit, or 2 refund me the cost of the unit.

One thing I am now certain of by now is that he will not get another penny out of me.


  rickf 08:33 04 Apr 2008

If the item is "not as described" or substantially diffrent" then go that route with PP if that is how you paid.

  spuds 12:21 04 Apr 2008

Regarding consumer law on eBay auctions or Buy Now, if the seller is business or trade, then consumer law apply. Payment by credit card, then PayPal may suggest that the credit card company is involved (less work for PayPal on large amount transactions).

You may find that your opinion of "present him with two choices", may resolve or not resolve the problem. If the seller decides otherwise, its a eBay/PayPal dispute situation, or put the experience down to a eBay learning curve. We all hate being out of pocket or feel cheated, but sometimes this can cut two ways, and eBay is no stranger to this. Thankfully, a vast amount of eBay deals go very smoothly, and all parties are well pleased with the results.

Only yesterday, I did a collection of a few items that I had won a week or more ago. Communications were superb, and I couldn't have asked for a more friendly atmosphere and transaction.

  961 14:37 04 Apr 2008

I'd complain to e-bay and pay pal. It often produces a result. It can't do any harm and may just produce a refund.

As for complaining to the guy himself it's my impression you're wasting your time and will just end up winding yourself up with no result

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