eBay resolution centre tips?

Subject: eBay resolution centre tips?
From: GUEST,matt m
Date: 23 Feb 10 - 04:53 PM

I bid and won a banjo online recently. the seller asked if I could pay by cheque, and I did.

The banjo arrived today via DHL - opened the case and it was in two bits. Neck had snapped off. Basically it hadn't been sufficiently well packed and DHL, the courier the seller used, are unlikely to pay up. He didn't pay for any insurance.

I've asked the seller for a refund, offering to send it back first. He's saying a flat no, hasn't even apologised. He's saying he packed it fine, it's not his fault. But the thing was just in its leather case wrapped in brown paper - no cushioning, no padding, no nothing. I've had books from Amazon that were better protected.

Anyway, obviously I'm reporting it to the eBay resolution centre and going to give him massively negative feedback.

But what are the chances of me getting my money back? Any tips? We're talking £325 here. Anyone got any experiences of eBay Resolution centre?
(For one thing, I'm going to ask WTF that £25 postage bought me!!)

Beyond eBay, are there any other things I could have recourse to? Any legal advice anyone could give me?

Subject: RE: eBay resolution centre tips?
From: skipy
Date: 23 Feb 10 - 05:12 PM

Go up the route that you have stated, contact Ebay direct, do not at this stage slag off the seller, Ebay WILL help to sort this out, take photos of all packaging & the state of the instrument & send them to Ebay. On Ebay I am folkdlg, you will see that my feedback is 2422 @ 100%! So on this subject I do know what I am talking about, want help PM me & I am on your side.
Skipy

Subject: RE: eBay resolution centre tips?
From: GUEST,matt m
Date: 23 Feb 10 - 05:30 PM

cool, thanks. I might just send you a PM later then!

Subject: RE: eBay resolution centre tips?
From: Murray MacLeod
Date: 23 Feb 10 - 05:55 PM

bit late to say you should not have paid by cheque, always use Paypal.

A Paypal payment can always be reversed in the case of a dispute, but a cheque is more problematical.

Subject: RE: eBay resolution centre tips?
From: Stilly River Sage
Date: 23 Feb 10 - 06:33 PM

eBay has tried to set up better protections for buyers in situations like this. Go through the recovery route, but understand that since you sent a check (eBay doesn't approve those any more, you're only supposed to use PayPal) it sounds like he's trying to fly under the rules because of his shoddy practices. If he doesn't have an account balance then there is no way they can garnish his PayPal account or withdraw it from his bank account. Fingers crossed that he has something there that they can give you a refund from.

SRS

Subject: RE: eBay resolution centre tips?
From: GUEST,matt m
Date: 23 Feb 10 - 06:34 PM

yep, that thought occurred to me even as I was writing the cheque. But I'm just too trusting (or perhaps sucker is the word). I'd love to be able to tell you who the person in question is - doubt anyone would have heard of them, but they gig a fair bit on the circuit, I have since discovered. Partly why I was so trusting, figured it was a small enough world...

Subject: RE: eBay resolution centre tips?
From: katlaughing
Date: 23 Feb 10 - 07:30 PM

I am glad you started this thread. Thanks. I was thinking of doing the same over the weekend. Mine is a bit different in that I am the seller.

We sold a piece of electronic equipment that my husband had; listed pix of it turned on, stated our return policy very clearly. I am always careful with stuff like that.

The guy got it, sent me an email "got it, everything okay." So, I think "great!" Then he couldn't find a power cord for it, so we sent him one. These were all insured, delivery confirmed.

Next I know, he's sent a message, he can't get it to work and will "prolly" send it back, but he was going to try again. Eight days after he received it, he sent a message he was going to send it back. That was one day over our clearly stated policy, Returns: Must notify us within seven days after receipt." But we gave him the benefit of the doubt and asked him to insure it and send it back, which he did. He claims Friday to Friday is seven days.

Roger fired it up, hooked it up to our system and it worked like a champ. It is a little tricky to set up, but it clearly was working fine, so I made a couple of videos of it working and some stills, sent him an email about. I also included a link to the manual for the thing. He said okay send it back, which we did.

Saturday last we got an email..."it don't work." I sent him back a very polite reply, asking him if he'd looked at the manual, told him a couple of steps Rog said you have to go through to boot it up, etc. My last words were, "Let's work together to resolve this."

By then, Rog and I were fed up, but I stayed totally polite.

The next email I got was really nasty, accused us of conning him, he even showed it to his "I let my 7 year old daughter plug it in and when she turned it on she said that it didn't work, now I know she's no chief broadcast engineer, or she no wear(sic) nearly qualified to operate the d-two, but I was just wanting to get here(sic) opinion on it." He claims he goes to gigs every weekend and operates these all of the time and already has the manual. He also said he will not leave any feedback which is fine by me. I am sure he said it so that I wouldn't leave any about him. He told me to lose his email addy that he never wanted to hear from us again and would delete any I might send.

Fine sez I. I will NOT email the guy, again, and I have blocked him on ebay. It's weird though, he's got a 100% rating and was a fast payer. His communication was really slow, though.

Anyway, I was wondering if I should write to the resolution folks to let them know what happened, then I decided not to. I don't think he's going to do anything more. He's got the unit; if he gets a brain he'll figure out how to work it. We've got what's left of the money after all of the postage, etc. So, for now, I am just keeping a record of everything in case he does contact them.

What say you with more experience on ebay than I?

Thanks!

Subject: RE: eBay resolution centre tips?
From: SINSULL
Date: 23 Feb 10 - 07:41 PM

Unlike traditional credit card companies, Ebay and Paypal advocate on behalf of the buyer. They will work with you to resolve the banjo issue. I would hold off on negative feedback until you have contacted Ebay. Be the reasonable one.
In the future, pay by Paypal. They will freeze the funds until the issue has been settled. The funds go into a Paypal account and they have control over them. They also have the right to freeze your checking account if they suspect fraud. I buy and sell on Ebay and have been on both sides of the issue.
If he is a seller with excellent feedback he is foolish to refuse to discuss a return. Buyers read the feedback.

kat - your buyer sounds like an idiot. Too bad you re-sent the item. Hope it works out for you.
Mary

Subject: RE: eBay resolution centre tips?
From: Charley Noble
Date: 23 Feb 10 - 07:50 PM

Please report back when these cases are hopefully resolved.

Good luck!

Charley Noble

Subject: RE: eBay resolution centre tips?
From: katlaughing
Date: 23 Feb 10 - 08:45 PM

Well, Mary, we didn't think it would be right to give him back the money for something that plainly works, but you are probably right. It would have saved some frustration etc. As it is I think we did the best we could. Thanks.

Subject: RE: eBay resolution centre tips?
From: matt milton
Date: 24 Feb 10 - 10:51 AM

man, I really can't believe this guy. It really beggars belief. I launched an eBay dispute today against him. I also took said banjo to Hobgoblin Music this lunchtime. He said he could glue the neck back on and fit some new strings for between 30-50 quid. So I contacted the guy to say I'd drop the dispute if he'd cover the cost. He said no. What is he ON? I mean, if you're a regular seller on eBay, is 50 quid really worth the price of an eBAy dispute and massive negative feedback (because I am damn well going to leave the worst criticism anyone has ever read).

Subject: RE: eBay resolution centre tips?
From: matt milton
Date: 24 Feb 10 - 10:55 AM

(sorry above, when I said "He said he could glue the neck back on and..." I meant the luthier at Hobgoblin. I am currently so shocked at how one person can be so ungracious and money-grubbing and hostile I'm finding it difficult to type)

Subject: RE: eBay resolution centre tips?
From: SINSULL
Date: 24 Feb 10 - 11:06 AM

Did the seller post a refund policy on his listing, Matt? Ebay will hold him to that.

Sounds like a real idiot. In all the years I have been on Ebay, I ran into only one. He didn't ship. Swore he had. Then shipped the wrong item BROKEN. When I posted negative feedback, he openly called me a liar and said I was trying to steal his item.
Next day he offered to take down the negative feedback if I would take down mine. I never responded. My money was refunded but after repeated requests he never sent me an address to return the item. It was shipped from a warehouse somewhere with no return address. But I paid thru Paypal.

Subject: RE: eBay resolution centre tips?
From: GUEST,Auldtimer
Date: 24 Feb 10 - 12:14 PM

As long as Ebay and Paypal have got their cut, they don't care too much about you. Shure, they will help after a fasion, make sugestions as to what to try but they won't get over involved. The proof is all on your side. You canot prove that you did not break your banjo yourselve, so you have no proof that it was broken when it arrived. Have a go but it's all on you.

Subject: RE: eBay resolution centre tips?
From: EBarnacle
Date: 24 Feb 10 - 12:23 PM

On one eBay purchase, I received a non-working computer component. The seller was not cooperative until I threatened to take it to dispute resolution and leave negative feedback.

On another, the seller was verbally abusive [in writing] and, when I complained to eBay, not only did they refund my money, they banned him from selling with them.

If you are going to leave feedback of any sort, do it within 30 days of purchase or the opportunity may go away.

The system works if you do it right.

PS, always use PayPal.

Subject: RE: eBay resolution centre tips?
From: Hamish
Date: 24 Feb 10 - 12:43 PM

On the few occasions where I've bought something for a three-figure sum on e-Bay, I've always picked up in person. Call me cynical and suspicious if you like: as far as e-Bay goes at least you'll be dead right.

You've still got my sympathy, though, Matt.

Subject: RE: eBay resolution centre tips?
From: GUEST,uncle joe
Date: 02 Jun 10 - 08:54 AM

I am also having somewhat of an awkard situation with a seller. They listed an item which I won and apparently listed their paypal as being incorrect. So I paid via paypal and as of yet had no response from seller. After sending 2 emails requesting delivery or a refund. If I do not hear from the seller I am most definitely going to leave such nasty feedback as from 6 years of ebay buying, this is the first time this has happened from buying nationally.

Subject: RE: eBay resolution centre tips?
From: Richard Bridge
Date: 02 Jun 10 - 04:24 PM

Is he selling in the course of trade? (UK)

If so it is his obligation to deliver and if the item is not of satisfactory quality when delivered you have legal remedies. Sale of GOods Act 1979 (as amended).

Subject: RE: eBay resolution centre tips?
From: GUEST,uncle joe
Date: 02 Jun 10 - 09:49 PM

Seller is uk based, richard. As far as i'm aware the ebay member has only dealt with acouple of sales on his account. Nothing recent apart from the item I won. Can ebay/paypal recover a full refund if I provide them with the necessary paypal transaction number?

Subject: RE: eBay resolution centre tips?
From: LadyJean
Date: 02 Jun 10 - 11:21 PM

This is all fascinating. I thought there was no consumer protection in the U.K. I'm delighted to see that I was wrong.

Subject: RE: eBay resolution centre tips?
From: Richard Bridge
Date: 03 Jun 10 - 09:14 PM

Interesting LadyJean - I thought there was virtually none in the USA.

Uncle Joe, Mattm paid by cheque. Are you talking about a different sale? If a buyer pays by Paypal is it very worthwhile starting an ebay/paypal dispute.

Subject: RE: eBay resolution centre tips?
From: VirginiaTam
Date: 07 Jun 11 - 05:07 PM

What do you do if the seller offers a resolution you don't want to accept?

Purchased a new caravan awning. The description said it included rear pad poles which is why I chose this particular awning. Many were being sold without the rear pad poles. Package received did not have the poles. Seller (big camping outfit (with over 7000 sales and 100% positive feedback) does carry the poles as spares so he could supply them.

Seller is claiming that we have put the poles together wrong and that rear pad poles were included. Over 2 phone calls and 3 emails he demanded that I send pictures of the poles so he can determine how we are supposed to put them together. Claims the canopy poles are actually the rear pad poles. If so then they are 6 inches too tall and cannot be adjusted and the ball cap ends don't fit into the awning pockets.

Both TheSilentOne and I explained that we have been dealing with tents and awnings for over 20 years. Also told him the awning is with caravan a 30+ mile round trip away and we would not be going out to take photos.

I opened a dispute on resolution centre. Seller called wanting me to send photos and close the dispute because ebay was holding the money so he wasn't yet paid for awning. We explained that we don't have the money either as ebay is holding it and we don;t have the poles and would not end dispute until he sent the poles.

He finally relented and said he would put them in the post tomorrow. 20 minutes after the phone call, I got a message from the resolution centre that the seller is offering full refund and that I am to return the item before 10 June. Impossible as I don't drive and TSO can't take off from teaching job to collect the awning and get it to Parcel Force. Also why should I pay £15.00 to return the awning.

Ebay is giving me no other option but to return the awning. No option to reject the resolution offered by the seller.

I have not had a happy day.