This guide is merely sharing the pretty dreadfull experience I have had with one seller, and to warn others of some potential pitfalls when using Ebay/Paypal. This is in no way written with any prejudice towards the seller. It is simply a statement of events.
I placed a bid on an advert for an item, which showed a large stock picture of a newer upgraded, more expensive model and whose description listed the item as mint condition and coming in orginal box.
When the item arrived, it wasn't the same model as per the massive picture, it wasn't mint condition and it didn't have original box.
I have only ever really purchased on ebay, so was not aware what to do, so I trawled the info pages and contacted paypal (as per advice) they told me to send the item back, not a problem as it had a 7 day returns policy listed.
I got seller contact info as well, called and spoke to father of seller who said seller had gone on holiday for a week.
Having received the item in the afternoon and inspecting it for a couple of minutes, it was back in the box and back on its way to the seller the next morning..... No problem, that should be the end of it then?...... Well that depends on the seller.
The seller, now having the different to advertised goods back and, having taken, in my case £555 through paypal, suddenly decides he is going to keep both, claiming at that time, the goods came back all scratched.
So I was forced to raise a dispute through Paypal, which Paypal informed me I won. they upheld the fact that the advert was misleading., you won.......However (the dreaded but...)
Their refund guarentee was for just £150, so thats the most they can forcibly refund, which they did. But left me personally with a shortfall of £405 as the seller had removed all the money out of paypal
I demonstrated to them that they told me to send the item back, and this leaves the system wide open to abuse. What is to stop anyone advertising say a brand new LCD Tv and then sending an old one. When the buyer complains. sorry mate send it back. When they do send it back, then just refuse to pay the money back, there can be only 2 conclusions.
Your dispute through Paypal will result in either Paypal agreeing with the seller and you being forced to have an old TV for the cost of a new one (Assuming the seller is prepared to give you back the falsely advertised goods), or agree with buyer but only paying you back £150 even though the advert was false.
Having had 61 trouble free transactions as a buyer I guess the law of averages would eventually bring you up against someone of questionable integrity.
Paypal, said that their would be a freeze on his paypal account until he pays the money back.....great....that won't help me.
Within weeks he is re-selling the item I had paid for, sent back, won a dispute on and am suing him about, this time with cash or cheque only.
I asked the seller to return the goods and I would sell it and give them any difference in cost. they did not respond.
It was then left for me to decide whether to write off over £400 or take civil action against someone who kept the goods and the money.
WARNING. Do not ever purchase anything through paypal that is over their refund guarentee or use a debit card to pay.
Always use a credit card and purchase under the refund guarentee, you will then have double protection.
So where does it end?
Well I am having to sue the member through the courts to recover the monies, which when you factor the costs of time and unrecoverable fees means I will never see it again, but I feel I have to in principle to show that you can't get away with it, whatever the personal cost.
The seller having decided that lying was cheaper than a refund all the way through, disputed my claim to the courts, But lying on a court form, could prove more costly than my loss. The story now changed from returned scratched to the first mention of a defective cue button, and suprisngly he stated to the court that the matter was settled in full for £150 as Paypal said thats all I was due as the cue buton was broken and if they thought it was falsely advertised, they would have refunded all of it.
Luckily for me, not only did I have all the postal records, paypal contact records, time I contacted sellers dad, and the fact the goods were on their way back the very next morning, I also provided Paypal with a copy of the sellers defense and they have written a full letter explaining it isn't true, that the item was falsely advertised, I won their dispute and in their eyes I am eligible for that money but they can not forcibly refund beyond their guarentee if no funds are in a sellers account. They are also offering to attend the court or offer the Police any help, if required.
The seller has also made the statement that even if I win in court he can pay it back with the "free money" he's got, in an attempt to ridicule.
Well their is no good news in this, I will get no pleasure from a court win in this sorry affair, but the lies in the sellers statements and correspondence backed up by paypal, postal receipts, legal advice and legislation, mean that its inevitable, and with legal costs will likely cost the seller a lot more than the refund. Though that again will probably have to have an enforecement order from the court.
To Paypal's defense they have not broken any rule, my lack of understanding of the refund guarentee, combined with an unscrupulous sellers attempts to circumvent it and break the law.
I was debating on the merits of leaving feedback or not, as I fully expected the seller to retaliate if I did. But as the seller was now goading with the "free money" taunts and selling the item again. I decided that right thing to do isn't always the easy thing to do and left fair feedback seeing as I have been ripped off.
The seller did retaliate 6 hours late, and even had the nerve to say he left negative feedback first and as I "could not take it" I had retaliated against him. Well it did actually make me laugh, the dates and times clearly show who is being truthfull and who is not. The lies are so easily provable it's comical.
If you want to avoid the time, financial loss, and having to constantly deal with someone who will say anything to avoid a refund, never buy anthing over the value of the paypal refund guarentee or with anthing other than a credit card.
If you do it could be your time, money and feedback rating that suffers.
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