bugeyeandy

Here's the story.

About six weeks ago I sold a Palm Treo phone on Ebay and sent the phone off. I described the phone as "As new" as I'd bought it from Expansys.com and decided it wasn't for me. I'd used it a couple of times but it was completely undamaged and still under warranty.
A week or so passed before I got the following email

I replied stating that if he returned the phone i'd take a look and if need be get it replaced under warranty.

The buyer refused to return the phone and just sent loads of emails demanding that I refund him plus p+p and I would then get the phone back.

Next a Paypal dispute landed in my inbox and paypal immediately froze my funds while they "investigated". I replied to this stating my side of the case and that I was willing to replace the phone if it was returned to me.

The following morning a thick envelope arrived from Nottingham County Court containing a small claims regarding the phone, p+p and £30 costs.

Naturally I was livid at this stage and decided to inform paypal and to answer the court papers with my defence.

Anyway, here we are a month later - still no news from the court, nothing, zip. All they can tell me is if he doesn't provide them with more info in another 30 days the case will be closed.
Tonight an email arrives from Paypal as follows.

I'm at a loss how they've spent a whole month to come to that conclusion. No evidence of the fault has been presented by the buyer, I haven't seen the phone since it left my hands (nor have Paypal or the court) and I specifically stated I was not willing to offer a refund due to the ongoing small claims case.

Just like to know where I stand legally, this buyer has the phone at £175. Stands to be refunded by Paypal to the tune of £180 and if the court has a similarly barmy decision will get another £210 from me.
This is clearly a case of fraud but I'm not sure where I stand with the refund. As far as i'm aware the phone was as described but say the bluetooth didn't work - would I be legally obliged to offer the refund rather than replace the phone?
Also, my paypal account has been frozen now for over a month totally preventing me from using Ebay to sell goods - can I legally get it unfrozen and get my money back from Paypal? Surely it's not legal for them to withold funds like that?

Any opinions - other than not to go anywhere near Paypal or Ebay again....

Hanley

I assume you posted the phone to him?

Therefore you still have his address, go and beat the **** out of him and then take your phone back

Hanley

Or give us his ID so we can all give him some abuse

bugeyeandy

Something that never crossed my mind......

spireite

name and shame

RLE

iTrader: (2)

I deal with a lot of commercial disputes in the court on a regular basis through my company. Now first things first irrespective of the claim value the judges take a very dim view of any Claimant that issues proceedings without first trying to mitigate. Wherever possible it's a case of arbitration before the courts so to speak so jumping in with two feet usually isn't the best way to kick a case off. Trying to resolve the issue amicably saves costs and frees up the courts time. Judges note this!

In addition there is evidently a valid query with the transaction and you no doubt have your emails to the buyer confiriming your willingness to try and resolve. Now assuming you are in a hearing this may well have a bearing on you not having to pay the Claimants costs. Keep all your documents and make sure you file them with an Allocation Questionairre once received.

You wont get stung twice. If Paypal refund him then you will have proof showing the funds leaving your account in respect of the dispute. This would only leave an issue with the court fees (and interest if claimed) and if the buyer continued with proceedings the paragraph above would come in to play. He has to bear in mind he could get hit with your costs for attending court ect (all discretionary)

On a personal note I think your offer was fair. Send it back and I will send it to be repaired under warranty. If nothing is found to be wrong it will be returned to you. If it's knackered it will be replaced or fixed. At the end of the day the same rules would apply with a lot of purchases. I think your buyer has been a complete kn*b.

Sounds like his claim may be on its way to being struck out anyway at this rate. Plus from the Paypal email it looks that his refund will not be forthcoming until the phone arrives back safely with you. I'd be tempted to argue that it has been damaged and not returned in the condition that it was sent in

Very best of luck. Another reason why I never have funds in my Paypal account. If they want to try and take a balance it is through my credit card and at least I have some say in that.

bugeyeandy

Thanks for that RLE, very useful info.
For what its worth I always immediately withdraw paypal funds but they just get round it by placing a negative value on your account.
This stops you from being able to pay anyone via paypal and means any incoming funds are swallowed up until the negative value is gone.
This buyer has been a real pain and in 6 years on Ebay i've never had any trouble like this. Tried my best to be amicable and patient but some people have no scruples.
Will update when I get a reply back from Paypal or the court.

BlkKnight

if he gets funny about returning it, use: UK Courier Services, Express Parcel Delivery & International Shipping to get it collected

TopBanana

Any particular reason?

BlkKnight

in the initial post the buyer said he wouldn't send the item until he has received a refund for the initial postage.

Typically if the goods are faulty, the seller is liable for the return & collection costs.

Doing a collection with the above company (which is fairly reliable) ensures that:

- the goods are actually collected (rather than being "lost in the post")
- the goods are insured

fivetide

iTrader: (1)

Sounds like PayPal have backed your play asking him to return the phone and then he'll get his refund. If it is broken that's the best solution anyway and if you get it fixed, flog it again.

Agree re: collection though so you know it has made it to you.

5t.