Returning faulty goods (ebay)

Phoenix · Twisted Firestarter Joined: 01 Aug 2002 Karma :

Probably been a million posts like it but usually they're more specific and tales of drawn out disputes. This is just me asking for some simple advice from people who have had to do it or run into problems because they didn't know better.

The jist is, I bought a used phone off ebay, for quite a lot of money. Tried it for a few days before I left feedback (still haven't) to check it was ok, seemed fine but has now developed a fault which prevents it connecting to any network (it's intermittent but there for 90% of the day), seems it's a known fault with HTC Desire, it's not a sim card or signal area issue, i've tested that thoroughly. I suspect he knew the fault was developing and sold it so, think it's extremely unlikely it happened a couple of days after sale.

I've emailed him telling him it needs returning, what's the procedure to cover my ass. It's paid for via paypal, now if I send it back recorded (or special?) it's then upto him to refund it. How do I prove I sent it back, could've been anything in the box he signed for and he could say that. Also before sending it back is there anything official I have to do via ebay or paypal, i've just ebay messaged him for now, not opened any kind of dispute.

I'd normally just send stuff back and trust ppl but as I suspect he's sold faulty kit and it's a lot of money involved I now don't trust him one bit.

JP7 · World Chat Champion Joined: 22 Dec 2008 Karma :

You've done it right so far, tell him it's faulty and you're sending it back and would like a full refund. I'd wait for him to reply before just sending it back though, so he knows it's coming and you know he'll sign for it.

If he doesn't pay up, you can start a Paypal dispute stating that the item was faulty and you've sent it back, and they'll issue you a full refund.

Phoenix · Twisted Firestarter Joined: 01 Aug 2002 Karma :

upanddown22 · Nova Slayer Joined: 17 Jun 2010 Karma :

Phoenix · Twisted Firestarter Joined: 01 Aug 2002 Karma :

It's private, how can it be sold as seen on ebay. It's sold as per description, ie, working phone. Arrives, doesn't work Laughing

JP7 · World Chat Champion Joined: 22 Dec 2008 Karma :

shereen · World Chat Champion Joined: 15 Mar 2011 Karma :

listen peoples who know not what they are talking of Laughing

It does not matter if it is a private or business seller. If the item was purchased via buy it now, then it is covered under distance selling regulations which means Ebay WILL refund you faulty or not. If it was won on auction then its a little different.

But either way you need to open a SNAD (significantly not as described) dispute on ebay asap. Ebay will ask you to return the item to the seller. I would pay the extra and send it Special delivery. You do not need to prove what is in the box as long as you have signature confirmation of delivery.

Has the guy agreed to the refund? You definately need to open a case before you return it though.

If the guy says he has not received the item back then you can escalate the case after 10 days and ebay will decide in your favour as you have proof of delivery.

Oh and make sure you ONLY return the item to the guys registered address (the one that will show when you open the case to return the item)

Hope this helps Thumbs Up

____________________
"The Internet is the first thing that humanity has built that humanity doesn't understand, the largest experiment in anarchy that we have ever had"

colin1 · Captain Safety Joined: 17 Feb 2005 Karma :

I cant remember the details of the email dispute system, but about a year ago, I returned a phone where the seller was adamant I wasnt getting my money back. Ebay simply asked for a tracking number and I dont think they cared if I sent him a brick, as they tend to side with the buyer. He was convinced that because he had drawn his money out after I paid him, I wouldnt get my money back, but I did, maybe that is paypals money and they will then need to get it back from him, I dont know. In my case, he had sold it as unlocked, then told me in emails that even it wasnt unlocked I could get this done quite cheaply, so basically, he made it obvious to anyone arbitrating that he was in the wrong even if he thought I was being overly picky about what to him was a simple mistake for a phone that otherwise worked.

Basically you try to resolve it amicably, but also have a certain time frame to lodge a dispute. Leave it too long and you wont get your money back, but its a pretty long time frame, cant remember details.

I still think ebay will side with the buyer even if its less obvious whether the item is working as described or not.
____________________
colin1 is officially faster than god

multijoy · World Chat Champion Joined: 03 Oct 2008 Karma :

shereen · World Chat Champion Joined: 15 Mar 2011 Karma :

upanddown22 · Nova Slayer Joined: 17 Jun 2010 Karma :

Phoenix · Twisted Firestarter Joined: 01 Aug 2002 Karma :

It did, you think that if you buy a phone for £170 and it works for 3 days before no longer working it's a case of "ah well, I had my use of it". The fault was intermittent and then became permanent with very low incidence of signal returning so like I say, I suspect it was starting to happen while he had it.

He has said he'll refund no problem but is away on holiday for 2 weeks, convenient so i've opened a dispute regardless and entered what he's suggested into it just so ebay has a log of what is going on. Hopefully will all be sorted, strange that he didn't seem surprised at all.