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swiftb
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PostPosted: 16:48 - 23 Jan 2011    Post subject: ebay nobjockey Reply with quote

I sold a batch of xbox360 games on ebay over Christmas and one particular ebayer bought one for £8.99 with free postage. Game was as new - immaculate. He bought it before Christmas then at the beggining of Jan he left this feedback :

GOOD EBAYER - ITEM ARRIVED AND IS AS DESCRIBED - WOULD RECOMMEND SELLER AAA+++++

Suddenly out of the blue at the weekend I get an email from him saying hes not happy because the picture I showed on the listing was just a generic picture for the game - showing the original cover - however the copy I sent him was the 'classics' edition.

He then goes on to say I should give him a partial refund of £4.50 and hel be happy.

Where do I stand with this? Hes definelty trying to pull a fast one but as usual with ebay they almost always side with the buyer- ive initially told him to feck off in kinder words. Im not even sure the copy i sent him was the classics.

Basically hes had the game a good few weeks or more - long enough to complete it or get bored of it and now I reckon hes trying it on. Obviously he is a major coksucker.
If I did accept a return on it and its in cack condition for example, where do I stand then??? It was immaculate when I sent it, what if i recieve it back and it stinks of smoke, crumpled instructions and scratched disc for example? Can a seller refuse to give a full refund based on the condition of the returned item?

What would you do, stand ground and tell him to sod off or accept a return?

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pinkyfloyd
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PostPosted: 16:52 - 23 Jan 2011    Post subject: Reply with quote

Since he's left positive feedback then the deal is closed and the lad has no comeback as far as I'm aware.

Tell him to sling his hook.
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james1988
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PostPosted: 16:52 - 23 Jan 2011    Post subject: Reply with quote

Tell him to sod off basically. As you've said he's had it long enough to complete it. In that time he could have easily spotted any discrepencies and decided he wasn't happy then. He's trying to pull a fast one the prick!
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Villers
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PostPosted: 16:55 - 23 Jan 2011    Post subject: Reply with quote

Check his feedback to see if he buys lots of games. He might have two accounts with one for buying and one for selling. Theres a chance he could be one of these that buys to sell and he knows he'll prob get less for the classic against an original. What difference it would make to someone wanting to play games I dont know!

String it out until he gets bored, there must be a time limit for him complaining. He's already left feedback so balls to him!
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CaNsA
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PostPosted: 16:56 - 23 Jan 2011    Post subject: Reply with quote

He has had the item for a while and lef the feedback. take a screen shot and use it if he tries to get ebay involved.

Have you told him he has already left feedback saying it is as described?

Also, what are the refund conditions on your ebay ad? "Any issues myst be brought to my attetion with x days of receiving the item" etc
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Paulington
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PostPosted: 17:04 - 23 Jan 2011    Post subject: Reply with quote

To echo the sentiments of others, tell him kindly to sod off.

He's left the feedback detailing it as described, he hasn't got a leg to stand on with eBay.
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swiftb
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PostPosted: 17:16 - 23 Jan 2011    Post subject: Reply with quote

Villers wrote:
Check his feedback to see if he buys lots of games. He might have two accounts with one for buying and one for selling. Theres a chance he could be one of these that buys to sell and he knows he'll prob get less for the classic against an original. What difference it would make to someone wanting to play games I dont know!

String it out until he gets bored, there must be a time limit for him complaining. He's already left feedback so balls to him!


His feedback suddenly shows a lot of video game activity in the last few months. He stated 'i am a video game collector and nobody collects the classics'
As said if he had reported this within 7 days then id accept my mistake with the picture on the listing and offer a full refund. 3-4 weeks later is taking the pizz!

Cansa nothing stated in listing just the NO RETURNS tab ticked Thumbs Up
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CaNsA
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PostPosted: 17:28 - 23 Jan 2011    Post subject: Reply with quote

top be honest then mate,

You have every right not to refund him the money. And if this was in the real world then you wcould argue with him as say "look mate you said you were happy"

But i fear that Ebay will be gimps. Im not sure if you can appeal against a ruling though.

Tell the guy that he said he was happy, and that you will not refund him anything.

See if he goes to ebay, if he does play the long game. Wait until the day before the time limit to reply etc etc

he will soon slip up and get bored Very Happy
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DJH
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PostPosted: 17:30 - 23 Jan 2011    Post subject: Reply with quote

Ignore. Rolling Eyes
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swiftb
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PostPosted: 17:49 - 23 Jan 2011    Post subject: Reply with quote

CaNsA wrote:
top be honest then mate,

You have every right not to refund him the money. And if this was in the real world then you wcould argue with him as say "look mate you said you were happy"

But i fear that Ebay will be gimps
. Im not sure if you can appeal against a ruling though.

Tell the guy that he said he was happy, and that you will not refund him anything.

See if he goes to ebay, if he does play the long game. Wait until the day before the time limit to reply etc etc

he will soon slip up and get bored Very Happy


I fear too. Neutral Yeh I reckon thats how il play it. I quoted his feedback to him in the first reply I made to his email and he said that was irrelevant as that was 'at the time' Rolling Eyes His use of english is bizzare, I reckon hes foreign as some of the stuff he emailed looks like its been through a translater! Anyways, il let him go to ebay if he chooses to and see how it turns out Thumbs Up
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jimspeed
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PostPosted: 20:21 - 23 Jan 2011    Post subject: Reply with quote

I would just tell him to bugger off. if it goes to ebay/paypal just make sure you can give them a decent reason why you would not have it returned.
Paypal actually sided with me on a paddle clutch I sold when the buyer tried to pull one by saying he had fitted it and it was worn out. (he had a worn out one which he had already admitted to and was planning to send to me i think), I put my case to paypal and they agreed with me.
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swiftb
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PostPosted: 20:28 - 23 Jan 2011    Post subject: Reply with quote

Heres the latest convo:

HIM:

You are the one who is pathetic as a seller trying to pass something off as it was not, clearly in violation of eBay's policies.

I apply the letter of the law which is a higher authority than ebay's rules and regulations and as such you are responsible for the collection of your goods and it is not even my responsibility to assist you, so you do what you have to do. If you do not collect your item within the permitted time I will refer the discrepancies to my credit card company who will recover my monies in full from your PayPal account and I will be at no further liability to yourself in respect of these matters. Hence the reason as to why I offered you the 50/50 settlement for the illicit behaviour of your actions that you created. I entered into a contract with yourself in good faith you failed in your undertaking which is a breach of contract and this is your position.

ME:

good luck with that.

HIM:

100% percent success rate, the facts are the facts of the case matter.


Rolling Eyes
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Ingah
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PostPosted: 20:33 - 23 Jan 2011    Post subject: Reply with quote

swiftb38 wrote:
Heres the latest convo:

HIM:

You are the one who is pathetic as a seller trying to pass something off as it was not, clearly in violation of eBay's policies.

I apply the letter of the law which is a higher authority than ebay's rules and regulations and as such you are responsible for the collection of your goods and it is not even my responsibility to assist you, so you do what you have to do. If you do not collect your item within the permitted time I will refer the discrepancies to my credit card company who will recover my monies in full from your PayPal account and I will be at no further liability to yourself in respect of these matters. Hence the reason as to why I offered you the 50/50 settlement for the illicit behaviour of your actions that you created. I entered into a contract with yourself in good faith you failed in your undertaking which is a breach of contract and this is your position.

ME:

good luck with that.

HIM:

100% percent success rate, the facts are the facts of the case matter.


Rolling Eyes


Sounds like someone that would appreciate receiving some unpaid for mail (possibly some blank pieces of paper? Very Happy) that they have to go and pay to collect. Or something brown and smelly.
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The View Askew
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PostPosted: 20:41 - 23 Jan 2011    Post subject: Reply with quote

As much as I hate people selling classics/platinum games as originals (fuck you for this) he can go away immediately because he left feedback and time has passed.

If you are not happy, you say so straight away!.
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waffles
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PostPosted: 20:45 - 23 Jan 2011    Post subject: Reply with quote

swiftb38 wrote:
HIM:

100% percent success rate, the facts are the facts of the case matter.


Rolling Eyes


Sounds like he has done that before, I wonder how many other people he has done this to? Have you asked him why he left positive feedback and then waited so long before deciding that you had done something wrong?
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swiftb
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PostPosted: 20:56 - 23 Jan 2011    Post subject: Reply with quote

waffles wrote:
swiftb38 wrote:
HIM:

100% percent success rate, the facts are the facts of the case matter.


Rolling Eyes


Sounds like he has done that before, I wonder how many other people he has done this to? Have you asked him why he left positive feedback and then waited so long before deciding that you had done something wrong?


yes exactly how I interpreted that comment. He obviously has good practice at claiming from people.
This was his response when I asked why he left it so long and why he left pos feedback

"At the time when I left the feedback this was when I recieved the game, irrespective of my feedback or when I received the game, it does not change the fact that you misrepresented the sale. Now we can either come to an agreed arrangement or I contact my credit card company who on the basis of the evidence will recover my monies in full from your account with PayPal. Pursuant to such advises I must instruct upon yourself on that basis to make arrangement in the collection of your item as of course."
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Skudd
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PostPosted: 20:59 - 23 Jan 2011    Post subject: Reply with quote

swiftb38 wrote:
Heres the latest convo:

HIM:

You are the one who is pathetic as a seller trying to pass something off as it was not, clearly in violation of eBay's policies.

I apply the letter of the law which is a higher authority than ebay's rules and regulations and as such you are responsible for the collection of your goods and it is not even my responsibility to assist you, so you do what you have to do. If you do not collect your item within the permitted time I will refer the discrepancies to my credit card company who will recover my monies in full from your PayPal account and I will be at no further liability to yourself in respect of these matters. Hence the reason as to why I offered you the 50/50 settlement for the illicit behaviour of your actions that you created. I entered into a contract with yourself in good faith you failed in your undertaking which is a breach of contract and this is your position.

ME:

good luck with that.

HIM:

100% percent success rate, the facts are the facts of the case matter.


Rolling Eyes


Do you think he is on another forum that is giving him advice for the dodgy sale he got on ebay? Laughing
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CaNsA
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PostPosted: 20:59 - 23 Jan 2011    Post subject: Reply with quote

the guy is bored. Report the messages you are getting to ebay as abusive.
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owl10
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PostPosted: 21:41 - 23 Jan 2011    Post subject: Reply with quote

why not just empty your paypal account - where will they take it from?

oh, dont forget to post his email address so the spambots can see it....
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Imonster
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PostPosted: 21:48 - 23 Jan 2011    Post subject: Reply with quote

swiftb38 wrote:

I apply the letter of the law which is a higher authority than ebay's rules and regulations and as such you are responsible for the collection of your goods and it is not even my responsibility to assist you, so you do what you have to do. If you do not collect your item within the permitted time I will refer the discrepancies to my credit card company who will recover my monies in full from your PayPal account and I will be at no further liability to yourself in respect of these matters. Hence the reason as to why I offered you the 50/50 settlement for the illicit behaviour of your actions that you created. I entered into a contract with yourself in good faith you failed in your undertaking which is a breach of contract and this is your position.


Law student Rolling Eyes

We suck Mr. Green

Try and keep things civil at the moment; ask him to mail you a picture of the game you sent, just to clear it up in your head if you did send him a classics edition or not.

Off the top of my head, Fortuna on here is a law student or qualified; might be worth pm'ing them? I'm just a noob, but will see what I can find out. But is it worth all that for a £9 game?

This sort of thing is why I sell on Gumtree now - there's too many chancers on ebay...

Whereabouts in the country are they? There must be someone on here who can pick it up for you in person to inspect it, before any refund is made? Rather than enter into any protracted argument, if it were me I'd just get the game back on the understanding it's still in mint condition, give the dickwad back their money, relist it and move on.
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mysterious_rider
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PostPosted: 21:54 - 23 Jan 2011    Post subject: Reply with quote

Tell him to kindly fuck off. Too much time has passed, pretty obvious he's played the game and wants his money back. Rolling Eyes
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pits
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PostPosted: 23:11 - 23 Jan 2011    Post subject: Reply with quote

So he bought it in December, it is now late Jan, he has left good feedback.

To be honest regardless of what he says, it is a private sale
Caveat Emptor

Tell him to do one.
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cagiva gezzer
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PostPosted: 23:35 - 23 Jan 2011    Post subject: Reply with quote

swiftb38 wrote:
Heres the latest convo:

HIM:

You are the one who is pathetic as a seller trying to pass something off as it was not, clearly in violation of eBay's policies.

I apply the letter of the law which is a higher authority than ebay's rules and regulations and as such you are responsible for the collection of your goods and it is not even my responsibility to assist you, so you do what you have to do. If you do not collect your item within the permitted time I will refer the discrepancies to my credit card company who will recover my monies in full from your PayPal account and I will be at no further liability to yourself in respect of these matters. Hence the reason as to why I offered you the 50/50 settlement for the illicit behaviour of your actions that you created. I entered into a contract with yourself in good faith you failed in your undertaking which is a breach of contract and this is your position.

ME:

good luck with that.

HIM:

100% percent success rate, the facts are the facts of the case matter.


Rolling Eyes


Location?
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