Wish

iTrader: (2)

Won a JCW spoiler on ebay the other day. The auction stated that the spoiler had a scratch on it, but it arrived today and all 5 fixing that holds the spoiler to the tailgate of the car are broken.
There is no way of fixing it to the car.

I have emailed the person but had no response as of this evening.


I paid by paypal, will it be easy to get a refund. And how do you go about retrieving it.

Will I get a refund before sending the spoiler back ?? How do I get the sellers details ??


Thanks for your help in advance

GMballistic

iTrader: (1)

You could file a dispute with eBay but I doubt it will get you anywhere unless he/she mentioned in the ad that all the fixings where ok (and there obviously not). I'd go into your Paypal account, payment details (for the transaction from eBay) and then follow there on-line instructions to take you into there resolution centre. You should be able to get your money back.
For Example when I sold some wing mirrors on eBay awhile ago the customer who I sent them too claimed that he never received them. He put a hold on the funds he had sent me through Paypal (effectively got his money back and froze my account) before I even had a chance to respond. I had to go through a negotiation through Paypal with the customer and I agreed to give him a full re-fund as I could not prove he had received the mirrors (for all I know he may have got them & his money back). My error was not sending them signed for delivery although I did have insurance money from the Post Office but it wasn't to the value of the goods & postage costs .
Paypal will also probably have the sellers details on the transaction page but this may only be an email address or nothing if your un-lucky or he/she's dodgy. Wish you all the best with that. Gareth

JPL

In Paypal state significantly not as stated (or something similar). You'll get the money back. It may have been damaged in transit remember, not everyone selling on ebay is a crook.

Wait a day for the guy to reply first.

EddScott

How was it sent to you?

If the seller sent it recorded or delivered then you won't get your money back. Paypal can't make a judgement over the quality of the item bought so they won't find in your favour.

If theres no proof it was delivered you can claim it wasn't sent. Paypal can't tell and will find in your favour.

Some choad tried to rip me off £300 for transformers (I collect them) and when he finally sent them to me he didn't send them with any proof. I could have escalated the dispute to a claim and got my £300 back as well as the transformers but then I'm not a c*nt.

Edit - thinking about it, JPL might be right and you might get your money back under "significantly not as described" Let us know how you get on.

Trout

iTrader: (1)

All the fixings are broken? I wonder how it was taken off the car it was on!

Do Paypal have an option for receiving stolen goods!

Wish

iTrader: (2)

It looks as if it was taken off the car without removing the blots so I presume it is stolen.

The seller says that its not new so what do I expect. Hes now telling me to do one

BMW MINI COOPER SPOILER CARBON on eBay (end time 29-Oct-09 20:40:31 GMT)

what would scooby do

Well looking at that advert, I have to say I would never buy off anyone with such a shít carpet!

Wish

iTrader: (2)

Thanks !


His sister has already confirmed to me that she has never owned a MINI and doesnt know where it came from

Got another response "

i will not offer a refund as i was not aware of these fixings id i new about them i would have noted them in my add.
and i am sure it can be fitted in some way ..
i have purchased things off ebay before and been in a similar situation and i found my way around it.
but as i said if i knew about these fixings i would have noted.
i did not know much info on this spoiler and i noted as much as i could and no it is not stolen . i took it off when the car was stored outside my house before insurance took it away "

D4VEW557

my thoughts exactly.


if you are going to file a dispute with ebay they may well freeze his account untill this is sorted. I have had thid done to some one who didnt sent goods i had purchased and wouldnt responed to my emails or ebays efforts to contact him.

There is a time limit of which you can claim throught paypal i think its 30 days from the date of purchase so you are going to do this dont leave it to long.


One thing i have done in similar circumstances it email a lengthy well written offical sounding email stating i have taken legal advice on the situtation and have been advised i have a very strong case and so on. I made it all up but has worked on more than one occassion when dealing with shady people

will_wrx

My guess is, he has ripped it off a car and put it up for sale.

He knows nothing about the item other than it came off his sisters 2007 Mini, which does not exist.

Blatently stolen, I'd take it as far as you can to get your money back!

Good luck

Luminous

iTrader: (3)

Open a dispute with Paypal and get the police involved. Chances are it has his paw prints all over it. They may be able to trace the spoiler to a particular crime (if they can be arsed). Would be nice for the guy who sold it to you to be done for handling stolen goods. He has provided info about his sisters mini as the source of the spoiler, he is going to be up **** creak without a paddle if the coppers go round and find out she has never owned one.

wayner845

iTrader: (2)

Open a not as described dispute ,its more than just scratched here an there.You will be asked to return the item( if paypal agree with you) at your cost usually, do it through interparcel recorded delivery quite cheap and they collect.Once the seller recieves the item paypal will issue a refund. Happy Days.

Dedrater

Unfortunately, the Police and our current legal system has no powers (in this instance from what you have said) If you have received the item and signed for it, you have agreed unconditionally.

But if you fund Paypal via a Credit Card, you can claim Section 75

But contact CAB etc etc

Else:

You are in Ebay/Paypal law land

wayner845

iTrader: (2)

If paypal agree ,with they will issue a refund after you return the item and the seller has recieved it.
What method you used via paypal doesnt matter as long as it was through paypal.
This is you simplest solution paypal do all the leg work,it may take a few weeks but worth it in the long run.
Make sure its recorded signed for insured etc when returning,paypal will request tracking info.
keep an eye on the tracking and when you see its been signed for email paypal with all the details to speed things up .

Dedrater

The Law is explicit on this matter, Paypal is not a financial institution.

wayner845

iTrader: (2)

Who said it was ??
I have done two of these claims having never used a credit card and been successful.
When you use paypal you have to agree to its terms and conditions nuff said there.
Paypal has the a system in place to help him out so why not use them.
Just trying to get the guy his money back the quickest easiest method.

Dedrater

I am only using my knowledge within the legal system. I did not state it is not possible to reclaim monies owed within the Paypal/Ebay system.

Paypal/Ebay's terms and conditions have no bearing on Legislative Statutes, hence the the reference to financial institutions, which are bound by this.

wayner845

iTrader: (2)

I am not disputing anything
I am simply trying to help him out in a way that has been proven to work numerous times .If he gets his money back who cares about legislative whatever.

Mark'sWRX

Similar thing happened to me, but the other way round. Buyer didn't like what I'd sent, even though I'd decribed it correctly. They opened a dispute through PayPal and got their money back. They did have to send it back recorded at their expense, though.

Difference in this case was they lied to PayPal, saying item was broken (it wasn't), but PayPal took their word, not mine. You shouldn't have a problem getting your cash back, but you will be out of pocket from the return postage.

Blue by You

iTrader: (23)

Sorry to be wise after the event fella, but there might be a clue in the seller's feedback.
120 feedback and 100% positive.
BUT not one rating as a seller.
Doesn't make him a crook I know, but it might cast a different light on your expectations perhaps.
Most of the people on ebay are honest, you just get the odd one or two who habitually rip people off.

Wish

iTrader: (2)

Well I spoke to his sister, she holds the paypal account details.
She gave me his mobile number, but he wont pick up.

He has now emailed me telling me im not getting my money back. I told him I would return the spoiler to his sister personally and get my money when there....
He now says he is willing to give me £100 so I agree and tell him to do it instantly, but I have to wait until Saturday when he gets some money ???

Dont know if Im being messed about, his sister is not to blame and im guessing his giving him ear ache about it too.

Luckily hes not too far from me so will be worth a journey .......

fivetide

iTrader: (1)

PayPal are a bunch of scum bags. Using someone else's account is bad enough for them to get kicked off eBay etc so i'd lean on his sister and make that point. Hopefulyl she has the influence here!

PayPal have a tenner of my cash they won't give to me because they changed their T's&C's and want my bank details despite the fact i only ever used it with a credit card to protect against fraud. I don't trust PayPal with my details at all and i think demanding I give them my account number etc is basically blackmail. I don't want to transfer the money, i just want to use my balance FFS!

Anyway, this sort of thing is probably why he's using his sister's account and also why you have a bit of leverage. Hell hath no fury and all that....

5t.

JPL

Bloke's a tosser, 100%

Claim as significantly not as described via paypal. I sell, and I get people to do this so I get my fees back. Paypal will be on your side, just file the dispute.

Terminator X

iTrader: (7)

Must always do that to avoid the scammers, shame really

TX.

Edit - as an aside, a while back when you bought something on Ebay, the Invoice used to give you the sellers address etc but now that doesn't seem to happen ie you buy something without knowing where they live? Seems bizare to me ...

Luminous

iTrader: (3)

The police must have some powers with regards to the goods being stolen. That will not get you your money back, the Paypal route if for that. It would just be nice to get a car vandal caught. It should be reasonably clear cut with the information he has sent to you.

Leslie

Is it not possible to re-make the fixing brackets.

Les

Wish

iTrader: (2)

Well I have accepted £100 refund through Paypal. Im going to cut my losses.
I paid through paypal with a credit card
The refund is displaying COMPLETED but I cant see the funds, so I take its gone back to my credit card ???


Lesson learnt

Wish

iTrader: (2)

Nope .. looks like the payment never went through.
Ive not seen it back on my credit card.

Paypal also found in my favor but still no money. Looks like Im going to make a trip to the guys address.

Wish

iTrader: (2)

It was nice of paypal telling me the payment bounce and that I should contact the serler ... They have now washed there hand of it

hux309

Phone up your cc company and do a charge back say it was a fraudulent transaction.

Paypal will hate you for it but sod em.