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Ebay claim

(22 Posts)
emellis Sat 20-Jun-15 23:56:01

Hello,

I'm new here, so apologies if this has come up before, but I would really like some impartial advice about an ebay issue I've got.

I sold a bike on ebay a few weeks ago along with a lot of accessories, the bike was used 2 years old but in very good condition, it hadn't had much use. I don't feel that the advert was misleading. I delivered the bike in person and asked the buyer to check everything over which she declined.

About a week later she messaged me to say there were things wrong with the bike including a flat front tyre, worn break pads and something wrong with the gears. She said that she would be happy to return the bike so I could check the issues or she would like some compensation. I apologised for any inconvenience said I was more that happy to send a replacement inner tube and break pads and asked if she could specify or send pictures with regards to the gears so that we could make a decision what to do with them. A week went by and I heard nothing until she emailed me today saying that she had put the bike in for a service, asked for the gears to be replaced and that she would send me the receipt.

She made no effort to communicate what was wrong with the gears and reneged on offer that I could correct the issue.

Replacing the gears is very expensive and problem the total value of the sale. I feel I would rather of given her a full refund and taken the bike back. I'm worried I'm going to have to pay for a full service and extra parts, and I worry that ebay always sides with the buyers.

Has anyone had this before or have any advice.

Thanks,

S

FeelingSmurfy Sun 21-Jun-15 00:10:24

Don't think she has any claim, you offered her the chance to return and she declined, you have done your part, it was not agreed that you would pay for repair so she returns it (as it was or with the fixes done) and you refund or she keeps it and you keep the money. Had you not agreed to refund then MAYBE she could try but doubt it would get anywhere, do you have it in writing that you offered?

emellis Sun 21-Jun-15 00:29:05

It didn't get to the point where any refund was offered.
The issue is she is arguing that the bike is unusable in current state.
I was waiting for her to contact me with details of the issues. She offered to return the bike so I could rectify the problems, which I would have preferred to do and would of happily done. Instead she has taken upon herself to involve a third party and expects me to pay for it.

GobblersKnob Sun 21-Jun-15 00:32:20

I think once she attempts repairs or otherwise messes with the item she is no longer entitled to return it and so has accepted it as hers. I am sure I have read this before on the ebay boards.

GobblersKnob Sun 21-Jun-15 00:39:05

For example some of these threads.

It may well be that though you are in the right it might be difficult to get ebay to find in your favour though. However I can see no way that the buyer can make you liable for the repairs, that is way beyond ebays jurisdiction, the worse that can happen is that she can get it repaired and then have to send it back to you and you refund the original cost (and postage). Which will put her out of pocket and you with a repaired bike to sell wink.

emellis Sun 21-Jun-15 00:45:43

Thanks everyone, this is making me feel better. Still worried that ebay will rule in her favour as they are so biased towards sellers, but I think I might stand a chance to fight it.

larkspurr Sun 21-Jun-15 11:13:59

I'd advise you to ring ebay customer services and explain the situation. Don't use the live chat as they are far less helpful. As she hasn't opened a case and she's now had work done on the bike, I think they will find in your favour. It's definitely worth ringing them to ask where you stand; they will log your call and make a note on the case.

butterflygirl15 Sun 21-Jun-15 13:45:30

How did she pay - hopefully not paypal?

emellis Sun 21-Jun-15 14:07:02

Hi, thanks, I think I will call ebay customer service and see what they say. She paid via paypal but I've realised that ebay has a habit of taking money from your paypal without asking, so in anticipation that they would do this I paid off all my ebay debts and closed my paypal account. I now don't have any paypal account, bank account or any cards registered to my ebay.

butterflygirl15 Sun 21-Jun-15 16:13:58

oh dear - just hope she doesn't file not received as you won't have a leg to stand on. Closing your paypal account means nothing - if she does file a claim then paypal goes into arrears and they will pursue you for the money. They have your address and that is all they need to chase a debt. If she files a not as described claim then she will have to return tracked before eBay will force a refund.

You should only have taken cash.

emellis Sun 21-Jun-15 22:39:03

Well she can't file not received as she has admitted she has the bike and it was delivered in person. Which I have proof off. The only thing is if she files not as described and wants to return the bike then she has to return it in its original condition which she can't do because she has taken it upon herself to fix it.

butterflygirl15 Sun 21-Jun-15 23:16:45

yes she can file not received. Do you have online proof of delivery with tracking? Because without that an email or whatever proof you think you have is utterly worthless.

Which is why you should only have taken cash.

19lottie82 Mon 22-Jun-15 10:09:39

as others have said never, EVER, accept anything but cash where you meet the buyer to exchange the goods face to face. The buyer can claim the item wasn't received and then you will be forced to refund, as you can't prove delivery.
HOWEVER this isn't applicable now in this situation as you have proof that they received it, in the form of your message history.

I would tell her to return the bike to you for a full refund (DO NOT agree to pay for service / gear replacement), or if you feel it's a reasonable gesture, offer a partial refund as a good will gesture, but decide on an amount which you think is appropriate, and stick to it.

if she does contact ebay / paypal to open a case, then they will only enforce a full refund upon return, they don't get involved in part refunds or compo for associated / repair costs.

19lottie82 Mon 22-Jun-15 10:11:05

The only thing is if she files not as described and wants to return the bike then she has to return it in its original condition which she can't do because she has taken it upon herself to fix it.

On paper, yes, but in reality, it's unlikely to make a difference. Ebay will still enforce a refund upon return.

butterflygirl15 Mon 22-Jun-15 10:32:05

but an email message confirming delivery is not online proof of delivery - a buyer will still win a not received claim. Paypal/eBay won't accept an email as proof of delivery.

19lottie82 Mon 22-Jun-15 10:34:51

But in the messages, the buyer has admitted they have received the bike, because they claim it is not as described.
Ebay can check these messages, and you can email screen shots to PP in the event of an INR case, and the buyer wouldn't win.

butterflygirl15 Mon 22-Jun-15 10:40:53

no it isn't sufficient - you need online proof of delivery with tracking - nothing else is adequate.

How many sellers do you know have won a case simply with an email from a buyer?

emellis Mon 22-Jun-15 10:44:05

Well i think the fact that she has already taken the bike to a bike shop and had work done on it and is asking me to pay for the work is probably enough to demonstrate that she has received the bike. I can't imagine that she could say at this stage that she hasn't received.

butterflygirl15 Mon 22-Jun-15 10:46:05

well hopefully she won't - but you never know. Which is why it should have been cash only.

19lottie82 Mon 22-Jun-15 11:14:20

How many sellers do you know have won a case simply with an email from a buyer?

Me. Email proved they were lying re the case, and they lost.

butterflygirl15 Mon 22-Jun-15 11:21:55

well that goes against their terms which is bizarre

larkspurr Mon 22-Jun-15 14:10:44

Just ring customer service! It's worth a try. They can make a note on the account to say you've reported a problem with the buyer (the problem being that she hasn't gone through the normal dispute process but has just taken it upon herself to have the repairs done without agreement and then invoiced you). If the buyer does contact ebay to open a case herself, there'll already be a note recording the problem you have reported.

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