£300 for nothing
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£300 for nothing
I'm sure there must be a 1000 other threads like this.
Bought a camera lens from ebay - private seller. Lens arrives and it doesn't work. Contact seller, he says it worked when it left him, must be my fault or the post. Packaging seemed ok, so probably not the posts fault. He refuses to refund money. He refuses to claim off the postal insurance.
He states the item was as described so no need to refund me. In my opinion a camera lens in excellent condition works as a camera lens and not a useless ornament
Tried to claim via pay pal - got an immediate reply from them saying no dice. Last option open is for me to claim through post office. It doesn't feel right to me as the packaging doesnt seem badily damaged. Change of success - not much.
So be careful out there people
Bought a camera lens from ebay - private seller. Lens arrives and it doesn't work. Contact seller, he says it worked when it left him, must be my fault or the post. Packaging seemed ok, so probably not the posts fault. He refuses to refund money. He refuses to claim off the postal insurance.
He states the item was as described so no need to refund me. In my opinion a camera lens in excellent condition works as a camera lens and not a useless ornament
Tried to claim via pay pal - got an immediate reply from them saying no dice. Last option open is for me to claim through post office. It doesn't feel right to me as the packaging doesnt seem badily damaged. Change of success - not much.
So be careful out there people
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pay pal reply - standard reply received 10 seconds after I completed the forum
Our investigation into the following transaction is complete. As stated in
our User Agreement, the claims process only applies to the delivery of
goods. It does not apply to complaints about the attributes or quality of
goods received. Therefore, we are unable to reverse this transaction or
issue a refund.
Our investigation into the following transaction is complete. As stated in
our User Agreement, the claims process only applies to the delivery of
goods. It does not apply to complaints about the attributes or quality of
goods received. Therefore, we are unable to reverse this transaction or
issue a refund.
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From: West Wales
Shame it was sent signed for. If it wasn't you could say it never arrived.
That is the big problem with ebay paypal. Irrespective of condition, if it lands on your doorstep and you've signed for it its game over if its knackered.
Sorry to hear you've been stung. I would try to claim from the post office - worth a shot.
That is the big problem with ebay paypal. Irrespective of condition, if it lands on your doorstep and you've signed for it its game over if its knackered.
Sorry to hear you've been stung. I would try to claim from the post office - worth a shot.
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So you could sell anything in any broken condition and as long as you make sure it is delivered ok you're home and clear with the unlucky buyers £.
Threat to take him to the SCC might unnerve the seller a bit. At least to a compromise of getting the lens fixed at his expense hopefully...
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£300 buys a lot of petrol for a visit.
Pop into a rough pub on the way and offer £50 to the roughnecks to have an exciting night out and pay a visit .... a lens should slide nicely given a liberal smothering of vaseline!
Pop into a rough pub on the way and offer £50 to the roughnecks to have an exciting night out and pay a visit .... a lens should slide nicely given a liberal smothering of vaseline!
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From: In my house
Paypal are getting stupid last week I got a table off ebay it arrived a few days later, legs missing and totally bashed on one end so useless!! it was packed with 2 thin sheets of card (not cardboard)that the seller had packed it in and the bubble wrap that dhl packed it with.
I made a paypal claim they want me to take this bloody table to the POLICE station and get a statement off a police officer!!! I mean get real they have better things to do than write paper work for something off ebay!
I made a paypal claim they want me to take this bloody table to the POLICE station and get a statement off a police officer!!! I mean get real they have better things to do than write paper work for something off ebay!
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From: Disco, Disco!
pay pal reply - standard reply received 10 seconds after I completed the forum
Our investigation into the following transaction is complete. As stated in
our User Agreement, the claims process only applies to the delivery of
goods. It does not apply to complaints about the attributes or quality of
goods received. Therefore, we are unable to reverse this transaction or
issue a refund.
Our investigation into the following transaction is complete. As stated in
our User Agreement, the claims process only applies to the delivery of
goods. It does not apply to complaints about the attributes or quality of
goods received. Therefore, we are unable to reverse this transaction or
issue a refund.
A few things that may help :
1) Sale Of Goods Act / Distance Selling Regulations - these don't apply to purchases from private individuals, or for second hand goods. When you buy something from a private seller, its basically 'sold as seen' ( so it is down to the seller to accurately describe the item ).
2) Paypal ( or ANY credit card processor, or your bank if paying buy cheque ) can't make judgements on if an item is fit for purpose, not as described, or damaged in the post for private sales and used items.
They can for items that are new, as the condition in this case isn't so subjective and can easily be proved.
3) It is the sellers responsibility to claim from the post office - what any good seller should do is post the item with adequate insurance that covers it if it is lost or damaged. In this case it would have to have been sent special delivery with added compensation paid for, as normal recorded delivery wont cover that amount.
The seller should then get the buyer to return the item, refund them, and claim from the post office. Passing the buck and trying to get the buyer to claim is out of order.
In the OP's case it sounds as it either
a) the item was damaged before it was sent, in which case the SCC would be the way to go, but proving that it was damaged before sending would be hard ( if its an obvious problem like a part missing etc... this is easier to prove ) or,
b) It was damaged in the post, but the seller didn't take out enough insurance to cover it, so they will lose out, and can't really be bothered trying to sort it out.
My advice would be to try and sort it out with the seller first and get them to claim from the post office - going through the small claims court may work, but expect to wait up to a year to get a case heard and finished, and even then you may not win.
1) Sale Of Goods Act / Distance Selling Regulations - these don't apply to purchases from private individuals, or for second hand goods. When you buy something from a private seller, its basically 'sold as seen' ( so it is down to the seller to accurately describe the item ).
2) Paypal ( or ANY credit card processor, or your bank if paying buy cheque ) can't make judgements on if an item is fit for purpose, not as described, or damaged in the post for private sales and used items.
They can for items that are new, as the condition in this case isn't so subjective and can easily be proved.
3) It is the sellers responsibility to claim from the post office - what any good seller should do is post the item with adequate insurance that covers it if it is lost or damaged. In this case it would have to have been sent special delivery with added compensation paid for, as normal recorded delivery wont cover that amount.
The seller should then get the buyer to return the item, refund them, and claim from the post office. Passing the buck and trying to get the buyer to claim is out of order.
In the OP's case it sounds as it either
a) the item was damaged before it was sent, in which case the SCC would be the way to go, but proving that it was damaged before sending would be hard ( if its an obvious problem like a part missing etc... this is easier to prove ) or,
b) It was damaged in the post, but the seller didn't take out enough insurance to cover it, so they will lose out, and can't really be bothered trying to sort it out.
My advice would be to try and sort it out with the seller first and get them to claim from the post office - going through the small claims court may work, but expect to wait up to a year to get a case heard and finished, and even then you may not win.
https://www.moneyclaim.gov.uk/csmco2/index.jsp
This takes about 3 months from initiation to completion in court. Costs are relevant to claim, so you'll be looking at about £35.
From experience, the time taken to prepare a good defence usually outweighs the claim & he'll probably just cough up if he thinks he's in the wrong.
Good luck
This takes about 3 months from initiation to completion in court. Costs are relevant to claim, so you'll be looking at about £35.
From experience, the time taken to prepare a good defence usually outweighs the claim & he'll probably just cough up if he thinks he's in the wrong.
Good luck
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SCC is quick, much quicker than 1 year.
The issue of most concern is that the Defendant (if he/she knows what they are doing) will transfer the hearing to their County Court ..... that could be a long, long way away - as I'm sure that a pick-up would have been done if it was reasonably local.
Depending upon the character of the defendant a SCC summons could work wonders, raise it in YOUR Court, they may not know they can transfer ...... the best answer for them would be to refund you.
The issue of most concern is that the Defendant (if he/she knows what they are doing) will transfer the hearing to their County Court ..... that could be a long, long way away - as I'm sure that a pick-up would have been done if it was reasonably local.
Depending upon the character of the defendant a SCC summons could work wonders, raise it in YOUR Court, they may not know they can transfer ...... the best answer for them would be to refund you.
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Thread Starter
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The guy may be telling the truth that the lens worked fine when it left him. The hard bit is the fact that he considers the moment the item left his hands it to be my responsibility. I like to think - perhaps incorrectly that if the boot was on the other foot I would act differently and at least be the one who initiated the post office claim.
So now I have to chase him for the original postal receipt, where he sent it from, the time etc etc. I have to hope he is reasonable and sends the info through.
On the plus side I do have his full name, address and phone number
So now I have to chase him for the original postal receipt, where he sent it from, the time etc etc. I have to hope he is reasonable and sends the info through.
On the plus side I do have his full name, address and phone number
Give him a ring - sometimes people who find it easy to mess you about by email are a bit more forthcoming when spoken to on the phone !
Did he send it special delivery or normal recorded as this will make a difference to the amount you can claim ?
Did his Ebay listing say he would send it fully insured, or was this offered as an option on there ?
SCC is one option as I mentioned before, but ( from personal experience ) while it can sometimes go through quickly, if the seller refuses to respond to any of their letters, it will drag on. I recently had a case where I bought something and it didnt arrive, and the seller refused to do anything about it, and it took 11 months from filing the claim until the court date ( which he didnt show up for ) and then another month to get the money from him.
Did he send it special delivery or normal recorded as this will make a difference to the amount you can claim ?
Did his Ebay listing say he would send it fully insured, or was this offered as an option on there ?
SCC is one option as I mentioned before, but ( from personal experience ) while it can sometimes go through quickly, if the seller refuses to respond to any of their letters, it will drag on. I recently had a case where I bought something and it didnt arrive, and the seller refused to do anything about it, and it took 11 months from filing the claim until the court date ( which he didnt show up for ) and then another month to get the money from him.
Last edited by MikeCardiff; Apr 10, 2009 at 06:47 PM.
Shame about PayPal not stepping up. I bought a wireless router (second hand) via ebay last year for my father. When it arrived the power connection was faulty and didn't work 80% of the time. The seller refused to take the item back so I raised a dispute via PayPal. Ended up having to return the item to the seller and I got the refund via PayPal.
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From: K
tbh -- dont buy on ebay anything you are not prepered to loose, sad but true
anything of that value and fragility I would collect in person
if I ever sell anything "fragile" i make it 100% clear in my ad that I would prefer it collected in person to avoid this sort of thing, but if the buyer wants to chance it then good luck, conversly anyone selling who did not insist on the same I would be suspicious of
a bit harsh I know but this seems a bit like "compensation culture"
anything of that value and fragility I would collect in person
if I ever sell anything "fragile" i make it 100% clear in my ad that I would prefer it collected in person to avoid this sort of thing, but if the buyer wants to chance it then good luck, conversly anyone selling who did not insist on the same I would be suspicious of
a bit harsh I know but this seems a bit like "compensation culture"
Last edited by hodgy0_2; Apr 11, 2009 at 01:17 PM.
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