item damaged.... seller being nasty...

[thisisyesterday]

am feeling very :( right now and really worried.

i bought a nintendo DS for my son. when it arrived it was damaged.
I e-mailed the seller and asked if i could return it and get a refund.
she said no, it was listed as used, and she doesn't want a damaged console or she's out of pocket (I will mention here that when i then looked at her feedback I can see that she sells a lot of DS's, and refurbishes them, so having a damaged one back is hardly a great loss to her)
aaaanyway, i opened a case with ebay, and she is now claiming that the pictures I sent her of the damage are not of the same console. She is implying that I have another ds, which is damaged, and i've then bought this one and am now trying to claim my old one is the one i bought.
(still with it??? lol)
it really, really isn't. I would never do something like that but I am now so worried that eBay will believe her and I will be left with a broken DS :(
she's saying stuff like she has ID numbers and all this crap so can prove that the one she sent is not the one I have here.

I suspect she may take pictures of another identical DS and claim it is the one she has sent, and when mine doesn't match up then they will think she is telling the truth :(

really, I am feeling sick thinking about it, it's worrying me so much, which is stupid because it's JUST EBAY! but I can't help it

i just want someone to tell me that eBay will know she is lying and that I'll get my money back :( :(

have you escalated the claim with ebay yet. if not do this immediately. they will prob ask you to send the item back tracked - ie recorded delivery. once you tell them tracking info you will get a refund.

ignore the seller, do not respond or upset yourself. she is just trying to bully you into dropping the claim.

Oh and once all over leave sensible neg feedback such as

'item faulty, seller refused to resolve.'

don't mention any dispute in f/back as it can be removed and don't lower yourself either - is not worth the upset!

no, i just opened the dispute today.

i don't have the sellers address... so i can't send it back. she is saying she doesn't want it back

did you open the dispute with ebay or paypal?

don't worry - they will supply the address when you need it

and I'm afraid the seller will have to have it back - and if she refuses delivery then online tracking will show that and you will still get your money back

please don't worry - what a grim seller

oh and I hope the seller is registered as a business and with hmrc

she says that she has logged the id numbers of all consoles she sells.

this means that if i send this back to her, and she says that the id number isn't the same as the one she sent out then she will dispute it with them too and get any money refunded back frm me

i just don't see how i can win.

obviously she could tell them ANY ID number... as long as it doesn't match the one I have then i'm buggered aren't i?

sorry, opened the dispute with ebay...

should i do it with paypal too/instead?

no you have now to wait for 10 days I think, then you can escalate the claim within the resolution centre and ebay will tell you what to do

until that time don't reply to her messages - and take a pic of the console yourself

she has not got a leg to stand on, you will win the dispute and get your money back - please don't worry.

Ebay will always side with the buyer, don't worry. She is at it.

and her stating she has serial numbers - ebay will take no notice whatsoever. It is just your word against hers. Sellers have to accept returns - there are no exceptions! any seller stating otherwise is lying.l

thank you! i feel a little calmer now.

i kept getting that horrible sick feeling in my tummy every time i approached the computer in case she had e-mailed me again.
I am a terrible worrier anyway about stuff like this, that I have no control over. 10 days is too long!

i may have to send dp out for some lemonade so i can have a calming pimms

I totally know the feeling - do not read any emails or respond to her. 10 days will fly by then you can escalate

what a horrid bully she is hiding behind a computer - good for you not backing down

have 2 pimms and 2 fingers to the nasty seller.

i had a little chat with a guy from ebay too, who wasn't that helpful but y'know it was nice to feel i had talked to someone else about it lol

feeling slightly calmer now! thank you for listening to my hysterical-ness

I agree totally with fergoose the advice is spot on.

Keep calm do not let it worry you, stick to your return and refund request.
Ebay will give you the return address and please make sure 100% that you send it back tracked and relay the information on your case.

The seller will not be able to refuse the return or the refund whether she wants it back or not.

It makes me really cross when I read of sellers like this one.

When you leave your feedback, if you choose to do so, do not mention the case at all because the feedback may be removed. Follow the excellent advice you've been given and just make a factual straightforward comment.

Remember you have done nothing wrong - you are totally in the right and Ebay will find in your favour I have no doubt about that - just follow the guidelines and it'll be fine.

There are plenty of good sellers on Ebay - you've just struck unlucky with this particular waste of space.

I totally agree with 80sbabe. How many buyers would get a response like that from a bullying seller and not know about raising a dispute. You wonder how many sellers get away with it.

thank you both. I have asked her for her address again. she must know that ebay will give it to me anyway, so hoping she'll give it and save us waiting the 10 days (well, 9 now)

I have a few other worrying things going on in real life atm, so i just don't need this right now, and i think that's why i am feeling it so keenly and worrying over it

I sold an item which the buyer definately damaged themselves (and even admitted to it in an email sent through ebay!) I still had to refund them when I recieved the item back (was galling and has put me off selling high value items on ebay), but just telling you this to let you know you will get your money back, the seller can not refuse to refund you, if she does ebay can refund your money without her agreement. Just make sure you send it back tracked and insured to the value of the item.

urgh tutu poor you :(

this is the real downside to ebay isn't it i guess?

i sell stuff too, and the most galling thing is how sellers can no longer leave negative feedback! now, in this instance that suits me fine lol, but in cases like yours it means you can leave no warning at all for other sellers to warn about buyers like that.

it really sucks.

this has actually really put me off using ebay at all now

Someone recently opened a dispute with me over the condition of a top and they agreed in her favour even though she just said "I want to return the top" with no other explanation (I believe it didn't fit). I called them and asked them why they agreed in her favour when she didn't really write what was wrong and they said "If a buyer disputes an item they pretty much agree that they can return the item & the seller refunds just to keep everyone happy as the buyer returns the item and gets a full refund & the seller gets their original item back to resell"

Please please stick to what paypal says and do not return the item until they say and definately make sure you send the item back recorded or special delivery. Keep dates of the emails & times and write as much info as possible. Also report her for bullying & harrassment. I also think you can request the seller details if you have made a purchase from them.

I hope you get your money back :)

I had a very similar experience with a seller. I could barely sleep, the whole thing upset me so much. Call me naive, but I just couldn't believe anyone could so blatantly lie. I opened a dispute and the money was refunded to me. Don't worry, it will get resolved.