eBay dispute - advice sought

eBay dispute - advice sought

Author
Discussion

Marcellus

Original Poster:

7,111 posts

218 months

Friday 3rd June 2011
quotequote all
I sold a pair of boots on eBay in April 2011.

These were boots my wife bought from a shop in 2005/6 and never wore so were sold as "new with tags".

The buyer paid, the boots were dispatched and the buyer recieved them on 25th April.

The buyer is now saying they they are uncomfortable (to the point of blisters) and that their further investigation lead them them to be fakes and are demanding a full refund.

They have gone further and advised me of a Trading Standards case number and have said that they have sent me a letter (recorded delivery, as yet not recieved) demanding a full refund within 28 days under the SOGA 1979.

To this point I have;
a) said that I do not believe them to be fake
b) that I will happily help the Trading Standards with any investigation
c) that I do believe them to be; i) as described ii) of satisfactory quality and iii) fit for purpose.
d) I have also advised the buyer that the fact that they "do not fit" you or you "simply don't want them" are not rights afforded to them under the SOGA
e) and said upon receipt of the boots (on or before 25th April 2011) they had the opportunity to inspect the items and could compare them with another pair which were available to them (even though there may well be differences between adult and non adult boots) and had they not been satisified that they were the genuine article then raise this issue within a reasonable time.

Is there anything else I should do to protect myself or does anyone have any usefull counsel?

JumboBeef

3,772 posts

176 months

Friday 3rd June 2011
quotequote all
If they paid by PayPal, they will get their money back, end of.

Offer a refund if they return the boots.

Flintstone

8,644 posts

246 months

Friday 3rd June 2011
quotequote all
JumboBeef said:
If they paid by PayPal, they will get their money back, end of.
...the week?

Marcellus

Original Poster:

7,111 posts

218 months

Friday 3rd June 2011
quotequote all
You're joking?... they were sold some new boots which they have used so can no longer be sold as new!!

Will Paypal really just give a refund for them without any proof?

rigga

8,727 posts

200 months

Friday 3rd June 2011
quotequote all
Eblag is full of chancers like this,tell them to jog on .....

Points c and d in your reply sums it up.

cuneus

5,963 posts

241 months

Friday 3rd June 2011
quotequote all
JumboBeef said:
If they paid by PayPal, they will get their money back, end of.

Offer a refund if they return the boots.
Why ?

Stoofa

958 posts

167 months

Friday 3rd June 2011
quotequote all
No they won't automatically get a refund from Paypal.
They will for non-delivery reports etc.

Your best bet - wait for Trading Standards.
Then point them at the retailer where you bought them from - ideally with a receipt, if not possibly an old credit card statement showing where you bought them.
They can then chase them if they are indeed "fake" goods.

cuneus

5,963 posts

241 months

Friday 3rd June 2011
quotequote all
WRT to SOGA and ebay

"One of your statutory rights is that any item you buy from a retailer or manufacturer must be of satisfactory quality. However if you buy from an individual in the context of a private sale, this statutory right does not apply and you will have no legal redress if the item is unsatisfactory."

shuvitupya

3,212 posts

216 months

Friday 3rd June 2011
quotequote all
Stoofa said:
No they won't automatically get a refund from Paypal.
They will for non-delivery reports etc.
Not so sure about that..

I got a refund from Paypal for a shirt that arrived the wrong colour, and I was allowed to keep the shirt.

rigga

8,727 posts

200 months

Friday 3rd June 2011
quotequote all
shuvitupya said:
Not so sure about that..

I got a refund from Paypal for a shirt that arrived the wrong colour, and I was allowed to keep the shirt.
Misrepresentation though i would think,as in not as described goods,different thing.

JumboBeef

3,772 posts

176 months

Friday 3rd June 2011
quotequote all
cuneus said:
Why ?
1/ Because it is PayPal. Use Google, here is one result: http://www.paypalsucks.com/

2/ I sold something, it was received by the buyer and they left me positive feedback. Two months later, they open a dispute for non-delivery! An open and shut case, I thought. No. PayPal refunded their money (which meant they got the goods for free).


Jakg

3,451 posts

167 months

Friday 3rd June 2011
quotequote all
If they say it wasn't as described, PayPal will just ask them to return the goods. Once they can prove its been returned, they'll get a refund, even if it was as described. You can't avoid this.



If they push the "it's a fake" line, PayPal will ask for proof it's fake (usually - take it to the manufacturer or their stores, get a letter on headed paper confirming it's a fake), then PayPal will refund them and wont ask them to return the goods. Expect a mild rapping of the nuckles from eBay as well.

cuneus

5,963 posts

241 months

Friday 3rd June 2011
quotequote all
JumboBeef said:
1/ Because it is PayPal. Use Google, here is one result: http://www.paypalsucks.com/

2/ I sold something, it was received by the buyer and they left me positive feedback. Two months later, they open a dispute for non-delivery! An open and shut case, I thought. No. PayPal refunded their money (which meant they got the goods for free).
1. Yes I can use Google

2. What has this go to do with the OP's problem ?

Marcellus

Original Poster:

7,111 posts

218 months

Friday 3rd June 2011
quotequote all
cuneus said:
WRT to SOGA and ebay

"One of your statutory rights is that any item you buy from a retailer or manufacturer must be of satisfactory quality. However if you buy from an individual in the context of a private sale, this statutory right does not apply and you will have no legal redress if the item is unsatisfactory."
WRT ? Not sure I follow the abbreviation there



gazchap

1,523 posts

182 months

Friday 3rd June 2011
quotequote all
Marcellus said:
WRT ? Not sure I follow the abbreviation there
With regards to.

PurpleMoonlight

22,362 posts

156 months

Friday 3rd June 2011
quotequote all
Marcellus, are you a trader on ebay?

If not, as far as I am aware the SOGA does not apply to private sales.

Seight_Returns

1,640 posts

200 months

Friday 3rd June 2011
quotequote all
Sales Of Goods Act not applicable to private sales - as others have stated. Surprised if Trading Standards will get involved unless buyer has convinced them that you're a trader and it's not a private sale.

Your only obligation to the buyer is that the goods should be as described - as a private sale it's their responsibility to satisy themselves that the goods are of satisfactory quality and fit for purpose, not yours.

If the boots are fakes, however, then you're in breach of contract on the grounds that you've missrepresented the goods - even if you acted in good faith and believed them to be genuine.

No experience or knowledge of how Paypul acts in disputes, apart from anecdotes I've heard which suggest that they almost invariably side with the buyer irrespective of the facts. But if you cancel whatever credit card / direct debit that PayPal can use to uplift your money, then presumably they can't take it and will have to make their case before a County Court if they want to get the money back off you.

Edited by Seight_Returns on Friday 3rd June 15:16

Marcellus

Original Poster:

7,111 posts

218 months

Friday 3rd June 2011
quotequote all
PurpleMoonlight said:
Marcellus, are you a trader on ebay?

If not, as far as I am aware the SOGA does not apply to private sales.
I am not a trader on eBay or anywhere in any way shape or form.

Seight_Returns

1,640 posts

200 months

Friday 3rd June 2011
quotequote all
Then (the unfairness of Paypal aside) you have nothing to fear unless the goods were not as described.

Have they told you what's lead them to beleive the boots are fakes ?

philmots

4,630 posts

259 months

Friday 3rd June 2011
quotequote all
Also... If you cancel or move cards away from your paypal account that you use for funding etc, they will just take it from your paypal balance and leave it at say, £-49.99 or similar. You'll be in debt to them.