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Help - what can my friend do??!!

34 replies

aprilshowerssoon · 26/08/2015 13:13

I hope some of you ladies can advise my friend. She has just moved into a flat and in a rush to buy something to sit on for some reason has bought a "very" expensive second-hand couch and armchair on eBay costing £500. It really wasn't a deal and I'm not sure why she did it. She paid through PayPal.

The item was supposed to be in good used condition but said little else. A friend went to collect it in a delivery van which is used to deliver packets and parcels all day and is clean. When he arrived to pick it out with his friend to help it was 6.30pm and getting dark and started raining. The light inside the house was very dim ( deliberate?) and the owner said a number of times are you happy with it? are you happy with it? to be polite the friend said it looks fine and was then made to sign a piece of paper on collection about condition. It was difficult to see the condition of the item. Towels were put in the bottom of the van for cushions to be put down and the 2 friends and the owner loaded the stuff in. It was then delivered to my friend's house.

She being a woman and not a man immediately noticed that the suite stank. It was extremely musty and smelt like it been in the garage for years. There was also signs of wear n several of the arms of the couches and stains down one side of the couch - none of which could have been seen in dim light. She is of course extremely disappointed and has asked for a refund and the seller is not interested sating he asked if they were happy when they collected ( in the half dark!) and that the items were put in a dirty and smelly van (it was not as and towels were put down as an extra) and this is where the dirt is from - despite the fact that the suite frame itself was just stood up and did not even touch any floor! The things smells so bad my friend cannot even have it in the lounge

I think the seller is pulled a fast one and is being extremely unhelpful. My friend is happy to pay for delivery back to him and wants a refund. Seller says it is not musty at all (he must have no nose - it's bad) and the dirt must be from the van! Does anyone know what the ebay position is? I think my friend can raise a dispute but does it make a difference that the item is already been collected (query what you do when you collect it and it's actually dark - which is the only time the collection could be done due to seller) - does it make a difference that her friend that picked up was made to sign something? - does it make a difference that she paid for it through PayPal. At a push my friend could resell it but would never get back what she paid for it as it is an old dirty couch that smells and it was not reasonably described. Surely saying nothing in the advert about things like wear is a misrepresentation?

Looking forward to your comments and advice. Thanks

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19lottie82 · 26/08/2015 15:16

How long ago did she purchase the armchair?

If under 30 days, she can open an ebay "item not as described" dispute.
99.9% of the tiem, eBay will side with buyer and she will be able to return the armchair for a full refund.

Tell her to log in to eBay, find the item under her purchase history, and there should be an option for "I have a problem" (or something similar).

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JustOneMinuteAtATime · 26/08/2015 15:22

She's lucky that they let her pay through PayPal!

As above, she can start a claim and they will refund her, although she'll need to return the sofa and she'll want to do this in a trackable way incase the seller decides to claim that it was never returned. A signed piece of paper from him is unlikely to be sufficient, it probably needs to be a tracking number.

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aprilshowerssoon · 26/08/2015 15:53

How Would you get a signed a piece of paper - it is a three piece suite so it needs to be delivered by delivery company. Is not the same as sending back something special delivery via Royal Mail. Maybe someone on eBay can actually advise on the best way to do this thanks very much I will telling to open a dispute the chap is being extremely unreasonable

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lljkk · 26/08/2015 16:13

Can open & should win a case via Ebay or Paypal but she will have to get a registered courier to return it (online proof of delivery). Go to Ebay resolution centre.

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aprilshowerssoon · 26/08/2015 17:33

There is no such thing as a registered courier that will deliver a 3 piece suite! Do you think letter from a removal company will be sufficient?

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aprilshowerssoon · 26/08/2015 17:34

And do you think it is best to go back again to seller via eBay message to try to resolve- he basically told her to go away when she raised all this with him or just go straight to dispute? Thanks very much.

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JustOneMinuteAtATime · 26/08/2015 17:38

Just dispute it, if he's already rejected her attempts to communicate.

You need to be aware that PayPal will require a tracking number, though, they are very unlikely to accept anything paper-based. Your friend may wish to explain to PayPal that they are struggling to find a courier, but I don't believe that there is usually a way around the requirement for a tracking number, and if he decides to declare that it wasn't delivered, PayPal will look for a tracking number and may well side with him if there isn't one. If she had a different proof of postage, such as an invoice from the removal company, she could take him to small claims for the money back, but that's a longer process.

If she can get it in writing that PayPal will accept something else instead of a tracking number, she should be okay, but that could be difficult. They will usually reject anything paper-based as it is so easily doctored, and they prefer to use a third-party system that cannot be tampered with by either party - so a tracking system.

You may be able to find a removal company with a tracking facility?

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fastdaytears · 26/08/2015 17:45

I thought the eBay despite process doesn't apply when the buyer collects? I know it's slightly better with PayPal than cash but it's completely different to if the item is posted.

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lljkk · 26/08/2015 17:54

Straight to dispute. £500 makes it worthwhile to get on the phone to ask Ebay what proof of delivery they would accept.

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19lottie82 · 26/08/2015 21:08

Fastdaytears..... Not true.

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fastdaytears · 26/08/2015 21:10

Good! The friend who told me that was talking from a seller's point of view but he also insists on cash rather than PayPal.
Good luck to your friend OP. I love eBay and hate people taking the piss.

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summerwinterton · 26/08/2015 23:33

If paypal won't refund your friend might have redress with the bank if they are verified by visa. Or even small claims court. But without online tracking to prove a return I am sure paypal will not refund their money.

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PrimalLass · 26/08/2015 23:36

Surely if eBay encourages the use of services like Shiply now then they must count towards PayPal claims?

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summerwinterton · 27/08/2015 00:02

they need online tracking - do Shiply give that?

And the whole paypal/collection thing is flawed, eBay should advise buyers cash only if collecting but they don't. Yet they say you are covered by their guarantee, when you aren't properly when collecting. It is ridiculous.

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aprilshowerssoon · 27/08/2015 05:42

I suppose some come back is the guy sells things regularly on ebay - though not furniture and nothing as expensive as this ( like £10 a go for selling records etc) and having some really poor feedback wont look good.

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Fiorentinaflo · 27/08/2015 05:47

This reply has been deleted

Message withdrawn at poster's request.

aprilshowerssoon · 27/08/2015 05:56

understood but we cant and she really does not want to keep the very smelly 3 piece in her house she just wants to send it back

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PrimalLass · 27/08/2015 06:35

they need online tracking - do Shiply give that?

Dunno. But if ebay promote it as a delivery method then it should somehow be ok for Paypal.

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PrimalLass · 27/08/2015 06:42

Although should means nothing in this case. She should just do a chargeback, and ask for advice on the ebay forums.

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summerwinterton · 27/08/2015 07:20

community.ebay.co.uk/t5/Buying-on-eBay/Can-Shiply-members-provide-tracking-numbers/qaq-p/3131649

And seeing as eBay don't tell buyers about how to pay for collected items safely I would not expect eBay to always give the correct advice tbh. I would prob go straight to the bank or credit card provider.

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aprilshowerssoon · 27/08/2015 08:18

how can she do this - she paid via payapl?

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summerwinterton · 27/08/2015 09:00

do what - open a case or file a chargeback with the bank/card?

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nauticant · 27/08/2015 12:18

OP, your friend should open a case via ebay or Paypal that the item was not as described. Then they should find a courier that will deliver the item and provide online tracking information and be acceptable to ebay or Paypal. After that they should check on the ebay forums how to get a positive outcome in the event that the seller refuses to accept delivery of the item.

There should hopefully be a decision in favour of your friend and they can arrange delivery in a way that will satisfy ebay or Paypal. It would be a good idea that if a positive decision is made to interact with ebay or Paypal to check that they would find a proposed delivery company/arrangement acceptable. They could also be asked how to handle refusal of delivery.

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summerwinterton · 27/08/2015 13:36

if the seller refuses the delivery then eBay will still refund the money. It only needs to be attempted, but of course you need online proof of this.

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nauticant · 27/08/2015 14:02

That's exactly the kind of point to get confirmed by ebay or Paypal following a positive outcome in a case.

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