eBay. Taking them to small claims?
Discussion
Back in August, I sold an item online for a couple of hundred pounds. I was happy that it was working correctly however, when the seller received it, although he initially was happy with the item and gave positive feedback, a couple of days later he opened a case saying it was faulty and wanted to return it. I accepted the return and he sent it tracked. He provided what was an incorrect tracking number to eBay which I was unaware of.
I received the item, signed for it and happily took it back thinking that the buyer would then be automatically refunded and my sellers fees and paypal costs returned.
About 2 weeks later, I received an email from eBay saying that the case was closed, they had agreed in the buyers favour however, as he had not sent the correct tracking number, he wasnt entitled to a refund. I immediately jumped on this, told eBay that he'd sent it back, and that they were to finalise in his favour and provide us both with returned fees however they upheld the initial outcome!
I've made about 3 phone calls highlighting the errors, but all I get is 'its eBay company policy' and that the final outcome, is would you believe it, final.
So I now have the guys money sat in my paypal account, and I also have the item. I've been in contact with the buyer who has been very patient in expecting his money back. I am more than willing to return it, but I am desperately trying to resolve it so that I get my fees, and he gets his refund through eBay.
I spoke again to them this morning, and its been escalated up to a manager for review. I'm not hopeful but look to be about £25 out of pocket. Its not the largest amount, but its the principle of the matter that eBay have retained fees paid out for a service which has ultimately not been provided.
Is there any scope for a small claim on this or is it a case of too big a company to try and play smart with?
I received the item, signed for it and happily took it back thinking that the buyer would then be automatically refunded and my sellers fees and paypal costs returned.
About 2 weeks later, I received an email from eBay saying that the case was closed, they had agreed in the buyers favour however, as he had not sent the correct tracking number, he wasnt entitled to a refund. I immediately jumped on this, told eBay that he'd sent it back, and that they were to finalise in his favour and provide us both with returned fees however they upheld the initial outcome!
I've made about 3 phone calls highlighting the errors, but all I get is 'its eBay company policy' and that the final outcome, is would you believe it, final.
So I now have the guys money sat in my paypal account, and I also have the item. I've been in contact with the buyer who has been very patient in expecting his money back. I am more than willing to return it, but I am desperately trying to resolve it so that I get my fees, and he gets his refund through eBay.
I spoke again to them this morning, and its been escalated up to a manager for review. I'm not hopeful but look to be about £25 out of pocket. Its not the largest amount, but its the principle of the matter that eBay have retained fees paid out for a service which has ultimately not been provided.
Is there any scope for a small claim on this or is it a case of too big a company to try and play smart with?
you can't sue anyone at the moment, you're not out of pocket, you still have his money
if you were to give him a full refund you would be out of pocket, if you were to give him a refund less the fees you have been charged then it leaves it with him to try and pursue the additional fees
if you were to give him a full refund you would be out of pocket, if you were to give him a refund less the fees you have been charged then it leaves it with him to try and pursue the additional fees
I sold an item in ebay a month back which was as described and photographed to within an inch of it's life.
Buyer was happy but after some thought he decided he'd like a few quid back.
So he invented a story that the item was fake and faulty and ask for £25 back.
I refused and said send the item back for a refund.
Four weeks and no item or further messages from him.
Meanwhile £100 in my paypal is frozen and after four weeks he leave false negative feedback.
Anyway I got the money frozen released but ask ebay to remove the negative feedback.
It was obvious from the correspondance he was trying to extort money off me but did ebay do anything about it?
Did they f
k
Buyer was happy but after some thought he decided he'd like a few quid back.
So he invented a story that the item was fake and faulty and ask for £25 back.
I refused and said send the item back for a refund.
Four weeks and no item or further messages from him.
Meanwhile £100 in my paypal is frozen and after four weeks he leave false negative feedback.
Anyway I got the money frozen released but ask ebay to remove the negative feedback.
It was obvious from the correspondance he was trying to extort money off me but did ebay do anything about it?
Did they f
kIt's not worth it for £25.
If the buyer has returned your item, it's unfair to hold his money while you argue with ebay.
I had a big fight with ebay when I sold a mobile phone earlier this year. I was clearly scammed.
The buyer opened a case and soon was given a full refund without even returning the phone.
Ebay twice closed the case and the second was due to falsified information.
Eventually I forced them to see sense and they ruled in my favour. They still wouldn't return my fees even though I was given my money back.
I highly doubt I will use ebay again.
If the buyer has returned your item, it's unfair to hold his money while you argue with ebay.
I had a big fight with ebay when I sold a mobile phone earlier this year. I was clearly scammed.
The buyer opened a case and soon was given a full refund without even returning the phone.
Ebay twice closed the case and the second was due to falsified information.
Eventually I forced them to see sense and they ruled in my favour. They still wouldn't return my fees even though I was given my money back.
I highly doubt I will use ebay again.
I thought minimum small claims was £50 anyway?
OP just return his money and get on with your life, life is too short to get bothered about such a trivial matter, just forget about it and spend the time you'll get back doing something you enjoy
For what it's worth, ebay has become massively rubbish for sellers now, far too much hassle. I had 5 vouchers to sell recently, it took 11 sales before I got paid for them all
OP just return his money and get on with your life, life is too short to get bothered about such a trivial matter, just forget about it and spend the time you'll get back doing something you enjoy
For what it's worth, ebay has become massively rubbish for sellers now, far too much hassle. I had 5 vouchers to sell recently, it took 11 sales before I got paid for them all
Chicken Chaser said:
I dont care if its £2.50, £25 or £25000, its the principle of the matter. Companies should not be allowed to take money for services not completed. I'm willing to give this guy his full refund, provided eBay return mine.
Just join the line of people who have been let down by eBay. Issue proceedings for a principle worth £25? Forget it and get on with your life while you have one.
Chicken Chaser said:
I spoke again to them this morning, and its been escalated up to a manager for review...
Is there any scope for a small claim on this or is it a case of too big a company to try and play smart with?
Aren't you jumping the gun here?Is there any scope for a small claim on this or is it a case of too big a company to try and play smart with?
Give the buyer back his money, and take it up with eBay. When you speak to the manager, if you get no joy ask him for the address to file the court papers then and see what that pressure does.
You don't want to litigate over £25.
If you refund him via Paypal from the original payment, you will get virtually all the Paypal fees back (they don't refund 20p of the fees because they like to make sure they always get something off you). Then open a sale cancellation case with eBay (buyer is returning item for a refund) and when the buyer agrees or after 7 days, you'll get your eBay fees refunded.
Its through the buyer mistakenly providing an incorrect tracking number which led to this as the tracked item should have been automatically received and payments exchanged.
As it is, I refunded the buyer this morning. I was pissed off last night after speaking to them on the phone (and I'd had a drink) hence the rant. I'll put it down to experience and if anything come of it, it's a bonus
As it is, I refunded the buyer this morning. I was pissed off last night after speaking to them on the phone (and I'd had a drink) hence the rant. I'll put it down to experience and if anything come of it, it's a bonus
Chicken Chaser said:
As it is, I refunded the buyer this morning.
Can't you now just open a "cancel transaction" request?You'll get all of your fees back then - providing of course the buyer agrees to it. If he declines your request, then phone Ebay and speak to them - chances are they'll authorise the refund.
I disagree with those saying you shouldn't claim for small values. I currently have a claim for £116 in unpaid wages from some temp work. To me its the principle.
I don't buy that it takes effort. I've spent 2 minutes on MCOL, and will forget about it until they pay up. It's a large company so they will.
I find it highly amusing that they have now instructed commercial solicitors over it. They will still pay up before it goes to court - however it will probably cost them 30 times the original amount. Even if by some freak I lose, so do they. If more people did this then there would be less mucking around by big companies, the claims won't hurt them - but masses of legal fees will.
I'll do nothing apart from wait for a cheque. I might have to sit through 30 minutes of phone mediation, but I can live with that, I don't earn over £200 an hour so I'll still be quids in.
I wouldn't do the same with a small company or an individual, as hassle vs reward isn't good enough.
I don't buy that it takes effort. I've spent 2 minutes on MCOL, and will forget about it until they pay up. It's a large company so they will.
I find it highly amusing that they have now instructed commercial solicitors over it. They will still pay up before it goes to court - however it will probably cost them 30 times the original amount. Even if by some freak I lose, so do they. If more people did this then there would be less mucking around by big companies, the claims won't hurt them - but masses of legal fees will.
I'll do nothing apart from wait for a cheque. I might have to sit through 30 minutes of phone mediation, but I can live with that, I don't earn over £200 an hour so I'll still be quids in.
I wouldn't do the same with a small company or an individual, as hassle vs reward isn't good enough.
I am with Chicken Chaser. It is the principle here and many others forget that for some that (GBP 25) is five hours work. Not everyone on Pistonheads earns big bucks. Some members will only ever dream of a car they want to own but are still petrolheads.
I hope it works out for you.
Rant over.
Pip
I hope it works out for you.
Rant over.
Pip
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff


