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Is this just legal theft?

29 replies

sallyst123 · 19/05/2015 12:19

I have sold many things on ebay & never had a complaint or problem at all.
2 Wk ago I sold some of my daughters outgrown clothes. I sold a dress that was in perfect condition.
I get a reply from the buyer saying she had received dress but wasn't happy it didn't have a belt & there was a hole. (I know there wasn't a hole it was perfect when I sent it)
she point blank refused to send item back until she had her refund which she must have emailed me about 5 times for I following ebay a procedures said yes of course but the item has to be returned 1st
She point blank said no she wanted refund 1st.
I emailed ebay who sent me an email advising how to give a refund
So gave it to her.
Now 1 week later she is ignoring my requests for item to be sent back or put up proof of postage etc.
I'm fuming so I am left with no item & no money & the buyer gets it all. (Apparently they will investigate the buyer & if there is a fault found they will take action on her account, but I won't know if that happens or not)
It just seems to me like ebay are saying it's ok to steal from others & they are letting people get away with it.
I'm so cross right now. It's not about getting my money back now it's the whole principle of it all.

OP posts:
SistersofPercy · 19/05/2015 13:46

You did everything wrong I'm afraid.

She can shout and stamp her feet all she likes but you do not ever refund without return of the item.
What you should have done was told her to open a case for a return and done everything though eBay. Only ever refund when the item is back with you.

Sadly, I think there is little you can do here, eBay will tell you they are investigating but in all honesty they are paying you lip service here. Unfortunately I think you are just going to have to chalk this one up to experience and learn from it.

sallyst123 · 19/05/2015 14:54

I know I get that now. It's put me off using eBay though some people are just awful

OP posts:
Cherryapple1 · 19/05/2015 14:59

I agree - you should not have backed down to her bullying. Why would she go to the hassle of returning now she has her money back?

sallyst123 · 19/05/2015 17:01

Cause it's the honest thing to do. I would do it.
I think your right. Lesson learnt more fool me. I still think it's just wrong! & next time I will just keep in mind that not everyone is good & honest!

OP posts:
Cherryapple1 · 19/05/2015 17:05

well no seller should ever refund before an item is sent back - if you refund first a buyer prob won't return an item, especially as it will cost them more money on top.

StupidBloodyKindle · 19/05/2015 17:06

Surely if ebay themselves emailed you to tell you how to do a refund rather than emailing to advise you not to refund and to tell her to open case for refund, then they themselves have to take on some responsibility for not following their own guidelines. Confused
Fuming for you. There are some right tossers about.Angry

PrincessShcherbatskaya · 19/05/2015 17:17

I had exactly the same thing with a buyer recently. She bought a fat face cardigan from me for £3 then emailed to say it was bobbled and looked old (it did not, it was worn once and in no way looked bobbled, the photographs I had taken clearly show that). As a gesture of goodwill I offered a full refund despite the item being listed as no returns if she sent it back to me. I never saw that item again and she posted bad reviews about me.
I really don't understand some eBay buyers - you buy second hand stuff cheap as chips, surely you have to be realistic about it?

Sorry you've had this experience, I think as others have said you'll have to rack it up as a lesson learned and not give a refund next time until you have received your item.
There are clearly some buyers who complain about something hoping you will refund them and then keep the item anyway. It's probably been sold on again.
It's put me right off eBay tbh.

SistersofPercy · 19/05/2015 17:17

stupid Anyone who's used eBay chat and customer service frequently will know that it's best to ignore any advice given. They are utterly useless. Their advice rarely meets their own guidelines.

sallyst123 · 19/05/2015 17:34

Thank you all. Was just really frustrated earlier.
I've left feedback on their page also just saying that I'm still awaiting item & getting no response from them.
Not much else for me to do.
I won't be so naive next time!
In my defence it's only til this problem arose I discovered all these forums on ebay problems... things like this must happen a lot!

OP posts:
Cherryapple1 · 19/05/2015 17:38

oh dear - that neg statement you left them is against the rules.

SistersofPercy · 19/05/2015 17:45

Yep, your feedback will be removed sadly.

BluebeardsSidekick · 19/05/2015 17:47

"well no seller should ever refund before an item is sent back - if you refund first a buyer prob won't return an item, especially as it will cost them more money on top"

It shouldn't cost the buyer anything.

If the item is not as described it's for the seller to refund the cost of it, the original P&P charged and pay the cost of returning the item.

pages.ebay.co.uk/help/sell/item-not-as-described.html

woodhill · 19/05/2015 17:51

but it is rather subjective and it sounds like your dress was fine.

sallyst123 · 19/05/2015 17:52

Really why? I didn't rate them as positive/negative etc. Just told the truth.
I've already given her money back the case she opened apparently has been closed.
This is mental so really a buyer can literally get away with this behaviour with no consequence.
Looks like I'm giving ebay up for good it's ridiculous!

OP posts:
Cherryapple1 · 19/05/2015 17:59

Bluebeard - that is not always the case. You sometimes do have to pay to return an item sadly.

sallyst123 · 19/05/2015 18:07

The dress was fine worn twice then left in wardrobe.
I agree i didn't sell it with the belt but a belt wasn't in pic that she happily bought.
& I honestly didn't see any hole at all.
I know there are way more important things to get wound up over. But grrrr!!!
Ok I'm going to go feed my munchkins & just let this 1 go....
As for breaking ebay rules lol I've never been a rebel before lol I'm just gonna have to live with being a rule breaker!!! & even if it is removed it felt good to get it off my chest!

OP posts:
BluebeardsSidekick · 19/05/2015 18:11

Not according to the info in that link Cherry, and not in my personal experience either. I'd advise anyone who's told that it's their place to pay return costs for a damaged/faulty item to phone Ebay and challenge it. I've had to do that once myself. On that occasion Ebay themselves sent me the pre-paid returns label.

SistersofPercy · 19/05/2015 18:24

Cherry is correct. 'Managed returns' are being rolled out but do not yet apply to all sellers. Depending who you buy from you could well have to pay return costs and eBay are under no obligation to give you a returns label.

BluebeardsSidekick · 19/05/2015 18:30

Interesting because it's been the case so far with me Sisters. I'm not a serial complainer but I do buy a lot of items which have the potential to be broken if packed inadequately so am probably unfortunate in having to send back more than my fair share of parcels. Even with the item there was dispute over, a call to ebay and a referral to the link above had them sorting it out and providing a return label with no argument at all.

As far as I can see the terms on that link are clear. There's no proviso, it says unequivocally:

Refund the buyer

If a buyer wants a refund for an item that didn't match the listing description:
We ask the buyer to post the item back to you—with tracking information—within 14 calendar days.
Your refund to the buyer is the total purchase price plus the original postage charge.
You're also required to pay for the return postage charges.

Cherryapple1 · 19/05/2015 18:32

well I have had sellers refuse a return and have had to pay to return recently so that info is incorrect at present.

SistersofPercy · 19/05/2015 18:34

If you open a SNAD case then in theory you should get a label from the seller, but that doesn't always follow. It should, and it will within the next few months but it rolls out slowly.

If you are just requesting a refund for a change of mind etc then you pay your own postage.

Unfortunately this will probably lead to buyers damaging goods to avoid paying returns.

Yeesss · 19/05/2015 18:44

Oooo.....I was in your position yesterday. I sold a beautiful girls coat on a FB page. It was in excellent condition but was sold as a used item. 150 coat for 25. I had loads of other people queuing up to buy it and still sending PMs 4 days later.

Yesterday I got a series of increasingly aggresive PMs from the buyer saying who furious she was about the condition of the coat and how she was going to open a dispute with Paypal yada yada yada.....I said I would refund as long as she agreed to return. She agreed and I sent her the refund together with an additional payment to cover the return cost.

She then asked if she could wash it and still return it if she wasn't happy. I told her not to bother (it was newly washed) and just to return it.

I knew there was a risk of not getting it back but preferred to take the moral highground rather than arguing with her over it.

Today I posted on my original ad that I would be re-listing because the buyer wasn't happy and would be returning. The buyer then started post photos of invisible marks etc. and contining with her rant. I apologised on line, told her I was sorry she was disappointed, asked her to get on with posting the return because others were interested. Lo and behold.....she decided she wanted to keep it after all and repaid me my refund. Barmy cow!!

I have loads of stuff still to sell on the page but I'd rather give it away to Oxfam than sell to her again.

Cherryapple1 · 19/05/2015 18:48

Yess - I hope you didn't let a buyer collect an item and pay by paypal?

PrincessShcherbatskaya · 19/05/2015 19:01

If I bought something from an online clothing shop such as Boden when they are not doing a fee postage and returns offer, then if I didn't like the item I would have to pay to return it to them to get my money back. Why on earth should it be any different on eBay? I just don't get it. Yes by all means the seller should refund the cost of the item including the cost of postage but the seller should not be reimbursing ANY costs until they have received the item. No online retail store would do this so eBay is no exception.

SistersofPercy · 19/05/2015 20:27

If I bought something from an online clothing shop such as Boden when they are not doing a fee postage and returns offer, then if I didn't like the item I would have to pay to return it to them to get my money back. Why on earth should it be any different on eBay?

Because if the item you bought was described as 'New colour TV' and actually turned out to be an 'Old black and white TV' you'd not be best pleased about paying for the return would you?

Thats SNAD, or 'Significantly Not As Described' and its there to protect the buyer from sellers who lie in descriptions or don't mention damage. Why should a buyer be out of pocket because a seller chose to lie about a hole in a cardigan for example? Hardly fair.

When you buy from Boden your item will be pretty much as described so if you are returning only because you don't like it then you pay for it. eBay works in the same way, if you don't like it YOU pay. If its not as described the SELLER pays.

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