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OK,I sold aMacbook on eBay that I felt I described quite well.It had a chip near the top of the case which was well photographed.The buyer disagreed and asked for50% of what he had paid back. I then asked him to open a case and I would refund him in full. He did and this is the point at where I look stupid...I ignored ebay taking the money out my balance as I expected it to be returned.I didn't read eBay's new returns procedure and didn't contact him till a day after I was supposed to arrange the return. He claims eBay have told him to keep it and is obviously going to. Do I suck it up? Or do I have the right to push for a refund via a solicitor/small claims?
Give Ebay a call, they're quite friendly.
He's a chancer. EBay won't have told him to keep it, but it is up to you to arrange the return. He has to return it, its not his to keep.
Yep, he needs to return it to you (at your cost, if you accept that it wasn't as described) or you can arrange collection - but it belongs to you, not him. He's obliged to keep it safe for a reasonable period of time while you arrange collection.
If he refuses, you're within your rights to pursue him for damages.
But the case is closed,does that matter? I have checked the wording of their email it states"without having the item returned"
Are you sure? From eBay's point of view OP declined to arrange the return so they closed the case. Sounds reasonable that they would tell the buyer to keep it because as far as they know the seller doesn't want it back.He's a chancer. EBay won't have told him to keep it
I would give eBay a ring before trying to second guess the situation. As said, they're very helpful.
Ebay's procedures don't over-rule the law. It's not his to keep.
TheCaptain is right you know.
1) Distance Selling Regs don't apply to private sales and
2) Distance Selling Regs don't exist, they've been superseded by Consumer Contract Regulations.
Check eBay's advice, but. Either he returns it for a refund (refunded on receipt), or he keeps it for the price paid. There is no way eBay will have ruled to refund him and also let him keep the laptop, not while I've got a hole in my arse.
Thanks all,time for a discussion with eBay.
Ebay did refund him,I missed the five days to arrange post,so he is sure he can keep it,and claims to have emails saying as much AFTER I was asking for it back,although case was closed by then. I have spoken to ebay and they told me that it was closed and they would not get involved again.
ouch.
Wait for him to sell it, buy it off him then claim it's not as described?
thecaptain has already covered it up there - ebay are advising him to do something which isn't legal, at which point TBH I'd feel tempted to pursue ebay for damages.
Ohh thats poop. Stick up his ebay ID so we can stalk him
That case suggests eBay closed it,it doesn't say he can keep them,my buyer is saying eBay told him not to respond to my request for the computer back as it was closed and he claims he was told to keep it. I could see this involving court, can anybody link to anything that suggests I have a right outside eBay to request return.
[quote=duckman ]can anybody link to anything that suggests I have a right outside eBay to request return.
http://www.legislation.gov.uk/ukpga/1968/60 ?
[url= http://singletrackmag.com/forum/topic/ebay-returnwhat-to-do ]How did you get on with your "rattle can" bike? [/url]
Still got it Bruneep,but this really isn't about me trying to work out in a roundabout way if I can keep somebody else's bike.
You shot yourself in the foot with eBay by not responding in time. So they won't be any help at all now.
However, the actual LAW is still on your side.
As it says above, ebay's procedures don't trump the Law, and the guy is guilty of theft by refusing to return your property.
Go fetch it? Or at least threaten to
.
Ok, so just off the phone to C/A and ombudsman..He is within his rights to keep it as it is classed as a private sale. So lesson learned,you have to be pro-active with all ebay dealings.
That sucks... is it still a sale technically even though the buyer has now paid nothing?! I guess there's still the solicitor route, although that would probably be so expensive as to not be worthwhile.
Also, I wonder how Cougar's adjusting to his new life [i]sans[/i] bumhole?
He will be safe from that Human Centipede thing at least.
🙂 every cloud and all that
OP, you've got no rights under consumer protection legislation. That doesn't mean you have no rights in law. By refusing to return your goods (or allowing for you to arrange for colllection etc) the "buyer" is clearly guilty of theft. He rejected the purchase and got his money back. The goods are not his.
The error was giving the buyer their money back.
Caveat emptor should apply to private second hand sales where the description is accurate. It's then up to the buyer to determine that everything is in order before handing the money over.
Other aspects of the law may apply in order to recover the money, good luck.
You have his address I presume??
I have all his info,I suspect my case would be with ebay,and I don't think I will be winning that one. The sod has also told me that he has all my correspondence after it was closed and was told by ebay to keep,sell or give it away. I only got any contact from him after phoning his house. He also lectured me in the email explaining he had packed it up and was inconvenienced waiting for me to arrange a courier...
I wouldn't want someone knowing my address if I had basically stolen their laptop.
He also lectured me in the email explaining he had packed it up and was inconvenienced waiting for me to arrange a courier...
He kind of has a point.
Why did you not just get him to return it? Your lack of interest in getting things sorted out he must have found catching. I can't get my head around the fact that it's taken you to lose the money and the laptop before acting.
It's bizarre.
Why did you not just get him to return it? Your lack of interest in getting things sorted out he must have found catching. I can't get my head around the fact that it's taken you to lose the money and the laptop before acting.It's bizarre.
I missed the five days to arrange post
who knows, maybe he's got a job or something.
I think in retrospect (which is easy, obviously) the OP has muddled his responsibilities as a private seller with the expectations he'd have as a commercial customer.
He listed the item fairly described it clearly and sold it. From that point on, really he should have forgotten about it. It was a mistake to offer any kind of discount and a mistake to accept a return, the buyer was trying it on from the outset.
He kind of has a point.
Not really. However inconvenienced he was by putting the object back into the box it came in (ie not very), it's not like you told him to wait in for a courier that never came.
The fact he's failing to allow the return of an item he hasn't paid for makes him a thief. And having the brass neck to lecture the OP is staggering.
I'm also staggered by the idea that there's no legal redress.
Time to put his address and phone number to good use in the direct marketing and escort industries.
Because I thought it was all managed by ebay Scotchegg,including the return.It is only when the money went from held to full refund that I realised what had happened. He initially launched a dispute and asked for half his money back,I declined and asked him to ask for a return and refund through ebay. I got an email from ebay saying that if we didn't resolve it they would step in. They then told me that I would be giving a full refund including post. "Fine" I thought and waited for it to come back...Still waiting...
Well if you don't bother doing anything despite the repeated advice then you will have a long wait!
I have an appointment with the really good lawyers round the corner tomorrow AM. I am already a whack out of pocket,getting him to look over it all won't add significantly to it.
Because I thought it was all managed by ebay
Major misconception there.
For the considerable sum of money that I assume the went for, I would have been a lot more aware of what was going on.
I missed the five days to arrange postwho knows, maybe he's got a job or something.
If you've got time to post, you should be able to pick up the phone, or send a few emails.