Faulty iphone seller hasn't answered

[Bremusa]

I bought an iphone 4s from ebay, and within a couple of weeks it developed a fault. Seller offered to repair so I returned it, at my own cost of nearly £8 and they fixed it. They replied really quickly but I didn't contact them through ebay, but via an email address they gave me on the warranty. It's now got a different fault and the phone is completely dead so I contacted them again, this time through ebay, asking for a refund. I've had no response, nothing and it's been 5 days.

I've never done this before, so how long do I wait before I ask ebay to sort it out? Any other advice on getting my money back?

you may be out of time to open a case - you had better do that now really.

I've tried to do that but it just keeps directing me to contacting the seller, which I have already done. I bought it at the beginning of August. I may be being thick but I just can't find a way to get ebay involved because the phone is a couple of months old. Surely I'm still entitled to a refund?

Thanks for the reply

I bought it at the beginning of August

Sorry but I think you're stuffed. You would have had 30 days to open a case with ebay and alternatively 45 days to open a case with Paypal. I'd be happy to be wrong about this though.

Does anyone on here know whether a credit card chargeback (Section 75 of the Consumer Credit Act) could possibly be invoked if the Paypal transaction was settled by a payment from a credit card?

I should also have said that in the absence of a possible resolution via ebay or Paypal, you could ask the seller to solve the problem and if they won't then file a claim against the seller in the County Court. I'd do that myself but then I'm comfortable using such procedures and have already done this a couple of times.

your only hope is credit card chargeback or claim with your bank under the verified by visa scheme - or small claims court.

But if the phone was second hand and bought nearly 3 months ago I don't know about the likelihood of winning a small claims case tbh.

I've been doing a bit of hunting around, you're right I can't open a case with ebay or paypal as it's too late. Neither can I use section 75 because I've paid via paypal. I'll take your advice nauticant and email them with county court action if they don't refund. According to the Sale of Goods Act your rights are the same as if you had bought new, but be realistic about satisfactory quality. Surely I'm not being unreasonable in expecting a second hand phone to last longer than 2 and a half months? Thanks for the replies.

Have you tried taking it into the Apple Store?

They will tell you what's wrong and probably offer a very cheap fix

If you're going to threaten them with a small claim in the County Court, you should firstly make a complaint (my preference would be a letter sent by recorded delivery) asking them for a solution and if they ignore that then send them a letter before action (which I'd send as a letter by recorded delivery).

If you search for the terms "small claim" and "letter before action" you should get an idea of what you might include.

To be honest I'd draw a line on this if you don't get anything in response to your letter before action. After that you're looking at a lot of work and maybe £50 to £100 in court fees.

you don't have to use section 75 - have you spoken to your credit card company?

www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback