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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

aibu or is this person taking the piss..

74 replies

tinyturtletim · 25/10/2013 12:23

I sold an item on ebay, I had only used it twice and so decided it was clutter. Sold item, sent item, item delivered person leaves positive feedback saying 'item as described perfect thanks'

Excellent, however today I received a email from ebay stating that a case has been opened, a item not a described case the buyer wrote this note to me..

'I used the item and it worked great, went to use it a second time but I couldn't get it to work give me a refund'

Aibu to tell him no? I sold it working, it was at his own admission working perfectly when he used it. So how do I know he hasn't been rough with it or damaged it by dropping it or something like this and now wants his money back?

Ebay tend to side with the buyer so I am slightly concerned as it is not money I can afford to lose.

OP posts:
AKAK81 · 25/10/2013 13:45

Top banana!

GhostsInSnow · 25/10/2013 13:48

Akak81 bit of difference, you might want to familiarise yourself with Paypals rules and regs, you know, the ones you agree to when you join? The ones that will, without a shadow of a doubt mean that should the buyer open a case they will get a refund.

As for your ridiculous car analogy, you can bet your arse should that car break down the second time I used it and yet it had been described as working I'd be wanting my money back. I'm quite sure a car, run for a month over many hundreds of miles is more than a little bit different than a piece of electrical equipment used once Wink

OP, eBay will tell you a dozen different things on a dozen different days. Post this over on the eBay board, you won't get the answers you wan't to hear. Your buyer does have a case and will win regardless of feedback left I'm afraid.

Ever stopped to consider here that the buyer is well, telling the truth? Poor sod has paid out a large sum of money for something that has worked once and the seller has washed their hands of it.

Original poster
tinyturtletim · 25/10/2013 13:54

But juice if he is lying it means I cannot afford to buy baby milk for the week.

How's that fair?

OP posts:
GhostsInSnow · 25/10/2013 13:58

FYI some links for you from eBay boards for similar situations. Believe me or not, but there are plenty of people telling the same story:

Refund after positive feedback

Buyer asking for refund a month after feedback

and another

I could give you pages of examples, all of which say the same thing. Where the dispute process is concerned Feedback is irrelevant.

GhostsInSnow · 25/10/2013 13:58

But tiny, if he isn't how is that fair on him?

How long have you had this cleaner stored for?

GhostsInSnow · 25/10/2013 14:01

How long ago did you sell the item? The buyer has 45 days to raise a case, if they are outside that time then none of this matters anyway.

birdybear · 25/10/2013 14:03

it isn't his fault you don't have baby milk! crikey! if you think he is lying, get him to send it back, you should do that anyway and get it fixed and sell it again.

Original poster
tinyturtletim · 25/10/2013 14:05

I had it a month, used it twice realised I didn't actually use it as I probably should so decided to sell. Made sure it all worked and sold it.

The guarantee for it is still in the box, maybe he could save himself the cost of courier it back to me and do that?

OP posts:
Original poster
tinyturtletim · 25/10/2013 14:05

Why should I pay to get it fixed if he broke it?

OP posts:
GhostsInSnow · 25/10/2013 14:08

birdy thank you, I was beginning to think I was the only person here who could see this from the buyers POV.

Its unfortunate, and partly why I've never sold electrical items because you can't guarantee that they wont go pop after the second or third use. You cant always ascertain how well something works until you've used it a few times, buyer was hasty in leaving his feedback but if item is genuinely broken then it's not his fault at all.

I ask how long you've had it for a couple of reasons.

  1. Storing something and not using it for a while can affect it.
  2. If you have had it under a reasonable time and it was expensive then you should be able to take it up with the manufacturer and get it repaired.
GhostsInSnow · 25/10/2013 14:09

Tiny, again how do you know he broke it? How do you know it wasn't faulty from the off and that fault has appeared through use? You don't. His 'contract' of sorts is with you. You need to get it back and take it up with the manufacturer yourself.

WMittens · 25/10/2013 14:15

Tiny, again how do you know he broke it?

That's immaterial - there is now a period of time where its treatment and condition is unknown.

Buyer confirmed it was received in working order.

At what point do you suggest a private seller's duty of care expires? After two uses? 3 uses? 10 uses? 2 years?

Original poster
tinyturtletim · 25/10/2013 14:15

I think we will have to agree to disagree juice.

If you have money to throw away then that's your perogative.

I don't have the spare funds to trust that someone if telling the truth.

Manufacturers don't as far as I am aware cover if the item is broken through negligence so I could end up in a position that I don't need.

The contract was hr brought a second hand item, described as working.

That is what he got.

OP posts:
AKAK81 · 25/10/2013 14:23

Juice I'm fully aware of the crazy policies of ebay and paypal. I'm talking from a legal standpoint - the buyer has no case whatsoever. With regard to my 'ridiculous' car analogy (I fail to see how a private individual buying a 2nd hand item privately from another individual is such a ridiculous analogy) it shows just how ignorant you are. You would have no right to any kind of redress from the seller assuming it was not misdescribed. The usual advice to the unfortunate sellers who come across idiots such as yourselves is to tell the buyer to "Fuck off"

GhostsInSnow · 25/10/2013 14:26

tiny, you are in for one hell of a shock if/when he files with Paypal.

How do you know the item wasn't jolted in the post? You don't. He bought a second hand item described as 'working'. He got a second hand item that worked once. Not quite the same thing.

It's not about having money to throw away, it's about doing the right thing and following eBay/Paypal's rules as you agreed to. What will happen is Paypal will instruct him to return the item. He will input the tracking number into the dispute and automatically win. The funds will be taken from your paypal account and paid back to him. If your account is empty then Paypal will put you into negative balance for the amount of the item. If this isn't rectified with a set amount of time you then get letters from NCO who paypal pass the debt on to. Sometimes they send round collectors, other times if you are lucky they go away.

I've been selling and buyin successfully on eBay since 1999. I know the ins and outs of disputes and Paypal. As I say, whether you choose to believe what I'm telling you is of no consequence, but if he does open a dispute then what I have said above is the way it will end.

GhostsInSnow · 25/10/2013 14:28

Ohh Akak81, another so very ignorant of ebay and Paypal's T&C's.

You can tell me to fuck off all you like, but if I've paid with paypal I WILL get a refund regardless of any foot stamping you do because simply, thats what Paypal does.

WMittens · 25/10/2013 14:41

Juice, your self-righteous pontificating is very tiring.

GhostsInSnow · 25/10/2013 14:43

Mittens, if I tire you so ignore my posts. It's not that difficult Wink

sporktacular · 25/10/2013 14:50

I ebay a lot. If I bought something and it didn't work and I wanted to return it, I'd contact the seller and maybe open a case with ebay (although really you should try to resolve things with each other first before you go opening cases).

If I then got a prompt reply from a lovely seller who was dead apologetic, obviously had sold the thing in good faith, and asked for some time to raise the money to pay me the refund because their family finances were so tight that they would struggle to afford it... I think I might well just write it off, or agree to receive only a partial refund, or something like that.

Some people are nightmare ebayers, but loads are really lovely, both buyers and sellers.

KittieCat · 25/10/2013 14:53

I agree with the OP that in other circumstances it would be 'buyer beware' when buying secondhand.

However, I have to agree with Juice's summary of how things are likely to turn out with PayPal.

Not sure it'll make a difference, OP, but do you think you can get the person at eBay to email you with the assurances they made?

Original poster
tinyturtletim · 25/10/2013 14:56

If ebay close the case in my favour can he then claim via paypal?

OP posts:
Original poster
tinyturtletim · 25/10/2013 14:57

juice that isn't fair though especially as there is something very fishy about it all.

OP posts:
SandyDilbert · 25/10/2013 14:59

sorry but whoever you spoke to on the phone at ebay gave duff advice. It may have been working when you received it, but it ain't working now. And the feedback left is also irrelevant, it is easy enough to leave feedback for the wrong item if you are not concentrating. Feedback does not signify you are not going to open a case does it?

if they paid less than 45 days ago ebay will generally tell them to return for a full refund - you arguing the toss is pretty pointless & worthless. How would you feel if you the buyer had spent money, used an item once, then it stopped working on 2nd use. The value is irrelevant really. I would want a refund, and am sure you would. A not as described case is just for this sort of instance, and I will be very surprised if ebay tell the buyer tough and you keep the money.

If they return it and you refuse the delivery the buyer will still get their refund btw.

SandyDilbert · 25/10/2013 15:00

& no they can't claim with paypal after claiming with ebay, but if they paid by credit card, or a debit card verified by visa they may still be able to file a chargeback with them and get their money back.

judgejudithjudy · 25/10/2013 15:01

i do agree with juice - i have been stung on ebay & they WILL ALWAYS SIDE WITH THE BUYER & OP, if you the cleaner didnt sell on ebay, how would you normally afford baby milk? if he opens a case, the money will automatically come out of paypal & be held until they award in his favour.