do i open a case now?

[fragglerocker]

I bought a jacket for DS, listed as used but only worn once. It turned up the day after I paid so was really impressed with delivery time. When I opened it, it stank (smoky and dirty smelling) it wasn't clean and the hood was bobbled. Maybe I am wrong or expecting too much but if something is listed as only worn once I would expect it be practically new. I washed it anyway thinking it would be ok but there are still marks on parts of it so it's obviously heavily stained. Also the postage was quite high. I didn't mind at the time cos I thought if it's only had one wear it's worth paying a bit extra. I was charged £4 for something that cost less than £2 to post. It was just shoved in a carrier bag with my details stuck on. I've emailed the seller yesterday asking for a refund if I return it but not heard anything. How long shall i wait before opening a case?

I'd open it now, sometimes even if you do end up resolving the issue directly it is better to have eBay overseeing to make sure you DO get a full refund including postage costs.

I can't remember how it worked, but when I was missold something I got paid to send it back by eBay too. And since they had prepaid it, they knew when it was sent and then immediately refunded it.

I think you have to wait 3days although the rules may have changed. You can try open it now but eBay will tell you how long you have to wait...

Have opened a case. See what happens!

Ok, so still not heard anything from the seller (maybe I am being a little impatient!) but they still haven't replied to my email on friday. TBH i don't think I will hear anything. On the case it says they have until 20th march to respond and i think they may wait until then. What happens if they don't reply by this date? Can i still get a refund?

yes you can escalate it on the 20th then eBay should refund you

Seller has been in touch said she was selling the item for a friend (not the first time I've had this excuse when something wasn't as described) but if I return the jacket she will refund me. Sent it back today recorded delivery and asked if she would be refunding my returns postage aswell. She said she would have to check with her boss (!) as all the money goes to charity I thought returns postage had to be paid if item wasn't as described? Or am I wrong?

I thought you paid the return costs unless they stated otherwise

Ok thanks, if she says no I won't push it.

Although she should compensate you because it was misold
See if there's any info about it on eBay

a good seller should refund return postage costs but unfortunately you can't enforce it

This is why it is best to let eBay deal with it, they would have paid your return postage. Legally, you cannot be left out of pocket where an item is not as described.

eBay will not give you your return postage costs - that is up to the goodwill of the seller to give you those.

fergoose, it isn't very well publicised, but if you push for it, they DO pay it in SNAD cases -

here is a story about it. I can't find much about it, as their policy is for buyers to pay, even though that contravenes distance selling regulations. I bought a handbag described as nearly new, that was filthy and stained. Ebay sent me a prepaid label.

that was eBay providing the return shipping label though - I've had that before. It isn't the seller being made to pay the return postage cost.

The seller received the jacket back on Wednesday, I am still waiting for a refund. I have contacted the seller twice but had no reply. I can't see an option to escalate the case, do I have to wait for the seller to reply?

You can escalate the case after 10 days I think? It will tell you when you can escalate anyway - I would do it asap if I were you - and leave appropriate feedback and stars.

It's not 10 days yet, only 7. I am not going to contact the bidder again, there is no point. But I will escalate as soon as I can. Thanks fergoose

:)