Leg to stand on?

Barewolf · 23-10-2010, 23:07

Here is an e mail i sent Paypal, regarding a recent Ebay transaction.

I would like to know if forum members feel i am right here, and if this guy has a leg to stand on.

in summary, i sold a mobile on ebay, he offered me an immediate payment if i pulled off the auction, i accepted, i sent the phone, he doesnt like it, and he wants his cash back or a refund of 30 quid. hes now taken it up with paypal.

heres the email i sent to paypal in response to his claim...

The Dispute in question was an auction on ebay, No - 230538181418

The buyer, and the Disputer, Wirwan, Offered me an out of Auction payment of £140 for the Mobile Phone, to which I accepted and closed the auction so I could deal with the transaction.

It clearly stated in my Ebay auction that the phone was damaged and that a screen needed replacing, the auction also includes photographs of the damaged screen, and it mentions in the auction more than once that the screen needed to be replaced.

The buyer offered me £140 for a phone that’s worth £450 when it's fully working, and I will not refund any money to the buyer because I clearly stated all the details in my Auction.

If you look at the Auction you will see this for yourself. In my opinion the buyer was fully aware the phone was damaged and is now trying to get more money from me, which if successful means ive sold a £450 phone for £100.

I also have e mails via ebay mailing system between myself and the buyer to confirm he knew that the phone was damaged, and I can supply these at any time to help paypal solve the dispute.

I have done everything in my power to resolve this, but I will not make any refunds, as also was stated in my auction.

haydnwalker · 23-10-2010, 23:20

If its just because he doesn't like it, he has no leg to stand on. As ebay is an auction site, and so long as things that are sold are "as described" which, it seems they were, then there's no reason for you to refund the money IMO.

Sounds like the person you sold it to, knows full well the cost of repair, and is trying to screw you out of extra cash so when its repaired he can sell it on for MORE profit.

Barewolf · 23-10-2010, 23:24

Quote:

Originally Posted by haydnwalker

If its just because he doesn't like it, he has no leg to stand on. As ebay is an auction site, and so long as things that are sold are "as described" which, it seems they were, then there's no reason for you to refund the money IMO.

Sounds like the person you sold it to, knows full well the cost of repair, and is trying to screw you out of extra cash so when its repaired he can sell it on for MORE profit.

well thats what i think as well, it cost me £10 to ship it to germany out of the 140 he gave me, and he wants 30 back or a full refund, but he knew the screen was bust.

my only problem is he asked for a paypal invoice for 140, he didnt go through ebay, although the auction was listed on ebay, he wanted to buy it for a set price.

so in a way i cant fall back on ebay to help me out

Raistlin · 23-10-2010, 23:35

So ...

You agreed to deal with this as an 'out of auction' sale, and now you're expecting PayPal to accept the terms of the auction in mitigation against the buyer's claims?

Good luck resolving this. Personally I think you've massively complicated this by switching sales methods as you did.

v0id · 23-10-2010, 23:37

Is he expecting you to refund the full amount without sending the item back to you at his own expense?

Barewolf · 23-10-2010, 23:41

Quote:

Originally Posted by v0id

Is he expecting you to refund the full amount without sending the item back to you at his own expense?

No, he wants 30 back because he feels its unfair

its only unfair that he didnt actually read the auction properly, and the unfairness is towards me, i refuse to give him any money back, in my eyes he should have read the auction properly

**Kymmy** · 24-10-2010, 06:53

Remember that ebay owns paypal and you broke the conditions of the auction by withdrawing it for a private sale.

Saying that though it also means that the paypal transaction isnt covered by ebay rules on payment protection..Nor is it covered by Merchant website rules..

Paypal are likely to just wash their hands of it all unless one person admits liability..

---------- Post added at 06:53 ---------- Previous post was at 06:50 ----------

Just to add, each ebay message has a message ID,(you might need to open up the message fully then look in the URL for messageId=mXXXXXXXXXXXX )

Give them to paypal (as well as quoting the content within the response) as they should be able to check up on them also it gives the disputant notice that you are bringing into the dispute his own words as to him knowing about the damage..

Wayfair · 24-10-2010, 10:59

I'm with Rais on this, you want them to help you even though it was in essence a private sale!

There is very little he can do to you, someone's definition of unfairness is no reason to demand a refund, he could try the Chargeback route but even that would be fruitless unless he can prove the item is significantly different to the description.

"The rules change with private sellers

If you're buying second-hand goods from private seller (someone who doesn't sell goods for all or part of their living) your rights are nowhere near as strong as when buying from a shop.

The only protection is that it's correctly described and the owner has the right to sell it. Here it really is a case of caveat emptor or 'let the buyer beware'.

So if the seller says nowt or little about the goods and you buy it, then that's it. Even if it's shoddy, you weren't mis-sold, so have no comeback. Though if they lie to you – you do."

Ref: http://www.moneysavingexpert.com/sho...xchange#second

Gary L · 24-10-2010, 13:47

What was his reason for the paypal dispute? just that he doesn't like it?
as has been said. both of you have broken the terms really, so I doubt paypal should and will do anything.

I'd just reply as you have done, and leave it at that. I wouldn't give into his demands.

there's a possibility that he just wanted to borrow yours to fix his own, and you get the broken internal parts back.

Some people did and still do that with Argos

Barewolf · 25-10-2010, 14:57

well ive contacted him a number of times and he is insistant i give him 30 back, but i said no so hes maid a claim via paypal, so i wrote an email to them thats at the start of this thread.

judging by what people have said here, it looks like paypal will not entertain his demands, but i will have to wait and see.