Seller won't back down

[Flocci]

As a seller myself I have been screwed over many times by buyers trying it on and it seems there was nothing I could do about it ......now I have bought something and been ripped off but I don't know what to do - what would you do .....

Bought a mobile phone for £130 brand new, boxed with accessories. Basically although it is the right phone and has protective stickers it has so many tiny acratches that I am sure it is not new. The box was dented and scuffed, and the user manual has obviously been well thunbed. It had protective stickers on but I don't think that proves anything. Also the battery just won't keep its charge for more than 48 hours which makes me think it is an old battery.

On the one hand I really want this phone - my old one died and I can't be without one and this is the model I was after so I don't want to send it back and get a refund. BUT I definitely feel conned - I wouldn't have paid so much for a used phone but I thought it was brand new. I have asked for a part refund, say £50 to cover the fact that it is not new.

I have escalated to dispute as the buyer ignored my emails for a week. Finally he has now responded very nicely etc but insists that it is new so he won't budge.

What do I do?

I could return the phone I guess and insist on a refund, but I want to keep it. He kept me waiting a wek to receive it which was really inconvenient, and as I said I don't want the inconvenience of returning it and having to buy another one now.

Any thoughts?

[KnickersOnMaHead]

Message withdrawn

[liahgen]

problem is it's his word against yours. If it was his, then maybe he has a receipt he could photocopy ,and send you? If not, then surely he is selling godds not as described

[madamez]

Return it and insist on a refund, and look for the same model being sold by someone else. If you try to insist on a part refund the other party will say, yes, but you are keeping the item therefore you have accepted it and I'm not giving you any money back.

[Flllight]

You can't pick and choose unfortunately. Paypal will let you return it for a refund in all probability, so I would do so and get a new one or one from a different seller.

He doesn't have to refund you part of it though if pushed, ie if paypal decide in your favour and ask you to return it, he might back down at that point and offer you a partial refund.

Never close the dispute till you have the money back, he might ask you to do thhis but don't as you can't reopen then if he doesn't refund you the agreed amount.

Btw I wouldn't want a second hand (display model?) phone at that price as you never know what else is wrong with it. Perticularly from a dishonest seller.

It'll only be a fiver to send back (must be recorded, v important)

[Flocci]

I think I will return it and get a different one as suggested. Nit a lot else I can do!