Is there anything I can do about a seller who refuses to send an item to me?

[trixymalixy]

I won a babydan stairgate on ebay for £2.79 plus £10 postage.

The seller obviously is not happy with the amount he got for it and has tried various things to get out of sending it.

He said he had lost one of the connectors and couldn't possible sell me it. I said it would be easy enough for me to get a replacement part from babydan and I still wanted it.

It has now been over a month so I sent him a message saying that I was running out of patience and would be opening a dispute.

He replied apologising for messing me about and has offered a refund.

i don't want a refund as I won the item fair and square in the auction. If he wasn't prepared to sell it for what it went for then he should have set a reserve.

is there anything I can do about it or is it a lost cause?

Have you replied to him again saying you just want the item as you won and paid for it?

What an arse.

Yes I have. I said I had won it fair and square and we had a legally binding contract.

I'm really pissed off. He shouldn't have put it at such a low starting price if he wasn't prepared to sell it for that if only one person bid on it. Ebay just wouldn't work if everybody did that.

If you paid for the item and he has taken your money and failed to deliver, you can report him to e-bay. You follow the 'report an item unrecieved' process.

Use this process when:

You paid for an item but didn't receive it, or

You paid for and received an item, but it was significantly different from the item description.

I've copied and pasted this from ebay for you....

The most effective way to resolve transaction problems is direct and open communication between buyers and sellers. Once you initiate this process you will be able to communicate directly with your seller on the eBay Web site in order to resolve your problem.

Before you initiate this process, please make sure you have:

Reviewed the item listing carefully.
Emailed and called your seller.
Ensured eBay has your correct contact information.
Checked your spam filter for missed emails.

Learn more about the steps you should take before initiating this process.

You can begin this process at any time between 10 days and 60 days after the listing ended

Hope this helps.

Doing this will ensure ebay puts a black mark on his account, so if he does it again they can kick him off!

Also, there is nothing stopping you leaving him really bad feedback.

I am very reluctant to buy from people with feedback that states Seller refused to deliver but took my money!!!!

You are right and he/you can get replacement connectors from BabyDan. They are very cheap (£1.50 rings a bell)and quick delivery so don't be fobbed off with that !

Babydan UK
5 Duke Street
Southport
PR8 1SE

Tel:01704 537 843
E-Mail: [email protected]

Thanks LCM, I wasn't sure whether I could do this as I have got my money back.

I'm also worried that he might give me negative feedback as well out of spite even though I have done absolutely nothing wrong.

Have sent him the following and paid him again via paypal.

Ebay's policy for your information:

pages.ebay.co.uk/help/policies/seller-non-performance.html

When a seller lists an item on eBay, and a buyer bids for and wins that item, the seller and buyer have entered into a contract. Both members are expected to honour that contract. In accordance with that contract, the seller may not:

Fail to deliver an item for which payment was accepted.

Significantly misrepresent an item by not meeting the terms and item description outlined in the listing.

Refuse to accept payment for an item at the end of a successful sale.

If a seller has refused to complete a sale, and payment has not been sent or payment has been refunded, report the seller.

trouble with leaving - feedback is they can lie and do the same to you - I had this done once.
I'd live and learn and take the refund.

\Well, he has apparently posted the stairgate, so will wait and see if it arrives next week.

Don't leave negative feedback unless you want to get some back yourself....no matter what the feedback procedure with ebay is diabolical - I have left negative feedback for people before - ie they've not paid for an item after waiting over a month/I've not rec'd an item despite paying/received something that wasn't as described....ie perfectly genuine negative feedback and I've always got negative back full of complete lies. Even if he leaves you positive feedback before you leave him negative he can follow his feedback which is just as damaging as negative.

flippen 'eck
looks like I may be in for a few negs as i have had to refund a couple of people as I have lost a bag that contained my ebay items --and some sold before I noticed
think it has either gone in the bin or hubby put it out for charity collection
hope you get it sorted as this is not like mine he just does not want to flog it for such a low price
good luck

Yay - the stairgate has arrived.

I think the best course of action is to leave no feedback at all.

I do feel bad as the postage was £11.45 and I only paid £12.79 for it.

Dh thinks I should send him another £10....

Snowball - if he said he had lost it or something had happened to it then I wouldn't have given a neg as these things happen. He just obviously didn't want to send it to me!