advice please.. bad seller

[pesto1]

hi

im not having much luck on ebay at the momment, everything seems to be going wrong.

i brought one of those stick on strapless bras... and indicated the size i would like in my paypal payment, as there was no where else to do it.( they were selling 3 sizes)

a week later the bra has turned up and its not the size i asked for.
i emailed the seller, explaining it was the wrong size and could they send the correct size out.
they replied that i hadnt asked for any size.
i responded that i had asked and could they check my paypal payment again.
Their next response was, that if i sent the wrong one back, and paid extra for the postage they would, when they have more in stock in 2 to 3 weeks, post me out the size i wanted, and that i hadnt asked for any size.
By this point i am quite angry. So i responded that if they let me have their email address i would forward them a copy of my paypal payment, that does show that i asked for a certain size. And that if they were unsure of what size a customer wanted they should have emailed them. Also that i felt that they sent me the wrong size as they size i wanted wasnt in stock and they hoped i wouldnt notice. I said if it wasnt sorted out i would open a paypal dispute and i would not be paying extra postage for a new item to be sent out.

They have since passed on their email address and i have forwarded my copy of my payment.

I have just checked their feedback, and its terrible! i was silly and didnt check before i brought.

they shouldnt be asking for extra postage should they? and surely they cant be advertising to sell something that they havent got in stock?

[purpleflower]

Had a similar problem last week with a seller selling products not in stock. theres a thread titled legal advise needed..............

Sorry can't help more, still trying to sort thingd out myself.

[pesto1]

well they have replied back with a return address.. but not confirmed that i will recieve a full refund including the original postage and the return postage.
and they have not acknowledged my paypal payement statement......

[pesto1]

sorry purpleflower, just read your thread..

what a nightmare.... i think you are in the right.. whats the update with it?

[sixlostmonkeys]

Tell them you will be returning the item (and send my trackable means) and that you require a full refund (the price you paid - item cost +p&p) (you won't get the refund for your return postage I'm afraid.)
If they refuse to refund (and don't give them days and days to decide) open a paypal dispute and escalate to a claim straight away.

Explain you cannot wait 2 -3 weeks for the correct size.
You are quite correct that they should have checked on size before despatch - a disgraceful way to trade!

Remind them that their style of auction (giving a choice in one auction) is against ebay rules