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eBay

If you buy or sell items on eBay, you will find tips and advice on this forum.

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Original poster

Item is damaged and seller is claiming it isn't what can I do?

21 replies

Bananaketchup · 29/07/2013 22:35

I bought a cot listed as 'used for 6 months with no damage', paid via Paypal at the seller's request, and collected it. When I got it home to put it together I found the latch to move the cotside up and down was snapped off, and the snapped off bit was in the bag with all the bolts. I opened a case asking for a partial refund, as a full refund would mean I'd have to return it and the petrol to do that would wipe out the refund. The seller has replied it wasn't damaged and there were no broken parts, and it was sold as seen so no refunds, what can I do now? Also it was caked in what I assume was dried milk if not sick , seller has agreed it was dirty but says that this was from being in the loft for a few months - err, no. What can I do - as the broken bit was in the bag with the bolts it was clearly broken before I got it but I can't prove that and I've already paid - any advice please?

OP posts:

Tryharder · 29/07/2013 22:59

You paid by Paypal and so hold the power. Open up a case against her stating item not as described.

LilyBossom · 29/07/2013 23:18

to get a refund you will have to return it tracked, just taking it back isn't enough for paypal to refund you the money.

lljkk · 30/07/2013 06:35

How much did you pay for it?

Vajazzler · 30/07/2013 07:00

Seeing as you paid by PayPal if the seller didn't agree to the partial refund I'd be tempted to open an item not received case. The seller must give a tracking number for the delivery and as they couldn't give one you'd get a refund not the honest thing to do but I'd do it anyway

Vajazzler · 30/07/2013 07:01

However if you've been messaging via eBay they could possibly prove you you'd received it seeing as you were asking for refund!

nickstmoritz · 30/07/2013 08:04

I think I would message the seller and say that the item was damaged, (take a photo of the broken bit too) say you would like a refund and otherwise you will need to take the matter up with ebay customer service team and might have no option than to leave a negative too. See if that works - be polite but firm.

Original poster

Bananaketchup · 30/07/2013 08:25

Well it cost £20 so taking or sending it back is going to cost too much to be worth it. It was listed as collection only so I don't think I can say it wasn't delivered. I know it's not a lot of money but I haven't got a lot of money, so it's really annoying I've paid for this plus the petrol to collect it, when the seller must have known it was broken. I'm just going to have leave them negative feedback aren't I? And then try to find a replacement latch part, if you can even get those. Sigh. Thanks all for replies.

OP posts:

Vajazzler · 30/07/2013 08:34

Im fairly sure you'd be able to get a spare from mothercare.

LilyBossom · 30/07/2013 09:08

You could claim not delivered and get a refund, but that would be fraud and lying so would never be recommended.

If you have opened a case with ebay not as described ebay may give a no fault refund, so you could plead your case there and once escalated you may get a refund from them that way.

Original poster

Bananaketchup · 30/07/2013 15:47

Ohh how do you get a no fault refund? The seller is insisting the cot wasn't broken when she sold it, and I can't prove it was. I've been reading through the Ebay customer service info and it says you have to send the item back recorded, is that always adhered to do you know? Because it would be prohibitively expensive to send a cot recorded delivery, and if I took it back myself I couldn't force them to accept it back or prove I'd taken it back. Plus they were moving house, so I don't even know the address now. Urgh!. Thanks for replies guys.

OP posts:

LilyBossom · 30/07/2013 16:12

when you escalate the case in 8 days time, write in that the cost of the return via courier is too great - hopefully ebay will read that and refund you without the need for a return. Or you could write that in the case now, but you have to wait to escalate it for ebay to intervene.

But otherwise yes you have to send back with online proof of delivery, which with a cot will need to be courier and will cost a bomb, far too big for recorded post.

lljkk · 30/07/2013 19:52

Probably best you can do is Neg her, Put it down to experience. Hope you can find the spare part you want.

justanuthermanicmumsday · 30/07/2013 19:57

I think i would find a spare part and keep it. Bt give her negative feedback for obviously giving you damaged goods.

If you spent quite a bit on it the go do the refund, if it was next to nothing keep it and repair.

Original poster

Bananaketchup · 31/07/2013 10:38

Okay thanks guys, am hunting for the replacement part from Mothercare and will neg her if she doesn't reply to my last cross message!

OP posts:

LilyBossom · 31/07/2013 10:40

it is still worth waiting and escalating the case on day 8 - ebay may still grant you a no fault refund so is certainly worth a shot. I would def neg her for selling something in such a terrible state tbh.

Original poster

Bananaketchup · 31/07/2013 15:10

Okay, will escalate it after the 8 days, I've nothing to lose. I will also leave very negative feedback unless the seller has a massive turnaround, she is registered as a business seller and I almost never sell on Ebay just buy, so the mutual negative feedback will be more of a pain for her than for me.

Rang Mothercare, estimated cost for a replacement part is £15 but I have to go into the shop to order it. Might see if the local hardware shop can do something for me cheaper. Thanks.

OP posts:

LilyBossom · 31/07/2013 16:07

she can't leave you a neg feedback as a seller anyway so don't worry about that. And she cannot refuse a return & refund either, and as a business she should know this. If she is that bad you could report to Trading Standards too.

Original poster

Bananaketchup · 10/08/2013 09:56

I escalated it but Ebay found in favour of the seller - apparently if you collect in person they don't cover it: 'Because the item was collected in person, it isn?t covered under our eBay Buyer Protection Programme. We simply to do not cover this type of issues' was the reply I got, with a helpful suggestion I swap phone numbers with the seller and resolve the issue with a friendly conversation - her message responses were not friendly or open to resolution, I'm certainly not giving her my phone number!!!

I also reported the seller, as 10 of her excellent feedback are from the same buyer, who has never bought from anyone but her and has bought an eclectic selection of items including buying 2 leather 3 piece suites from her in a month - and going by the user name, has the same name as the bloke who was at her house when I collected the cot . Ebay don't seem interested in that either. I'm quite annoyed, I might give Ebay a miss for a bit because they clearly don't give a shit.

OP posts:

LilyBossom · 10/08/2013 10:05

Have you left her neg feedback too?

Original poster

Bananaketchup · 10/08/2013 14:17

Not yet - have been composing it! [need to let it go emoticon]

OP posts:

Original poster

Bananaketchup · 11/08/2013 10:12

I left negative feedback and Ebay removed it because they found the case in her favour! They only found in her favour because they don't cover collect in person items, not because she was in the right! Now I'm really cross.

Anyone who buys on Ebay beware, if you collect in person apparently the seller can be as shonky as they like, Ebay will not give you a refund and will not even let you leave negative feedback to warn other buyers about the seller.

OP posts:

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