eBay Item faulty, refunded, seller not arranging collection
Discussion
In a nutshell :-
- I bought and received an item that turned out to be faulty (seller was aware it was faulty, but didn't state that prior to sale).
- Seller didn't accept my return request.
- As expected, eBay eventually decided in my favour and gave Seller 5 days to arrange collection/return.
- Seller has not done so (or communicated at all).
- eBay has made a full refund to my credit card and closed the case.
- I still have the item.
As the seller has basically tried to scam me and then mucked me about for nearly a month delaying the refund, he's not due any favours.
I intend to send him one final communication with a deadline to arrange collection.
Edited to add :- this was a private seller, so consumer law no help I think.
What are the legalities around doing this? I don't think the "Unsolicited Goods Act" applies, but are there any other applicable laws?
Specifically :-
- How long do I need to give him to collect?
- How long do I have to keep the item before I can legally dispose of it?
Item, even with the fault, is probably worth a couple of hundred quid so I would have thought he'd want it back...
Many thanks in advance for any pointers to relevant law or precedent!
ETA - private seller, so consumer law doesn't help I think.
- I bought and received an item that turned out to be faulty (seller was aware it was faulty, but didn't state that prior to sale).
- Seller didn't accept my return request.
- As expected, eBay eventually decided in my favour and gave Seller 5 days to arrange collection/return.
- Seller has not done so (or communicated at all).
- eBay has made a full refund to my credit card and closed the case.
- I still have the item.
As the seller has basically tried to scam me and then mucked me about for nearly a month delaying the refund, he's not due any favours.
I intend to send him one final communication with a deadline to arrange collection.
Edited to add :- this was a private seller, so consumer law no help I think.
What are the legalities around doing this? I don't think the "Unsolicited Goods Act" applies, but are there any other applicable laws?
Specifically :-
- How long do I need to give him to collect?
- How long do I have to keep the item before I can legally dispose of it?
Item, even with the fault, is probably worth a couple of hundred quid so I would have thought he'd want it back...
Many thanks in advance for any pointers to relevant law or precedent!
ETA - private seller, so consumer law doesn't help I think.
Edited by Dave2P on Wednesday 29th May 16:24
Dave2P said:
In a nutshell :-
- I bought and received an item that turned out to be faulty (seller was aware it was faulty, but didn't state that prior to sale).
- Seller didn't accept my return request.
- As expected, eBay eventually decided in my favour and gave Seller 5 days to arrange collection/return.
- Seller has not done so (or communicated at all).
- eBay has made a full refund to my credit card and closed the case.
- I still have the item.
As the seller has basically tried to scam me and then mucked me about for nearly a month delaying the refund, he's not due any favours.
I intend to send him one final communication with a deadline to arrange collection.
Edited to add :- this was a private seller, so consumer law no help I think.
What are the legalities around doing this? I don't think the "Unsolicited Goods Act" applies, but are there any other applicable laws?
Specifically :-
- How long do I need to give him to collect?
- How long do I have to keep the item before I can legally dispose of it?
Item, even with the fault, is probably worth a couple of hundred quid so I would have thought he'd want it back...
Many thanks in advance for any pointers to relevant law or precedent!
ETA - private seller, so consumer law doesn't help I think.
Can't you just post it back for the sake of a few quid and be done with it?- I bought and received an item that turned out to be faulty (seller was aware it was faulty, but didn't state that prior to sale).
- Seller didn't accept my return request.
- As expected, eBay eventually decided in my favour and gave Seller 5 days to arrange collection/return.
- Seller has not done so (or communicated at all).
- eBay has made a full refund to my credit card and closed the case.
- I still have the item.
As the seller has basically tried to scam me and then mucked me about for nearly a month delaying the refund, he's not due any favours.
I intend to send him one final communication with a deadline to arrange collection.
Edited to add :- this was a private seller, so consumer law no help I think.
What are the legalities around doing this? I don't think the "Unsolicited Goods Act" applies, but are there any other applicable laws?
Specifically :-
- How long do I need to give him to collect?
- How long do I have to keep the item before I can legally dispose of it?
Item, even with the fault, is probably worth a couple of hundred quid so I would have thought he'd want it back...
Many thanks in advance for any pointers to relevant law or precedent!
ETA - private seller, so consumer law doesn't help I think.
Edited by Dave2P on Wednesday 29th May 16:24
Slightly different (from a commercial seller), but I ordered a Lithium golf battery off e-bay and two turned up. Contacted seller, informed them of their mistake and asked them to make arrangements to collect. Nothing happened, so I informed them again one week later and told them it would be the last time I contacted them, nothing, zilch. Battery costs £140 so a little weird they couldn’t be arsed to collect it🤪
Not sure if you can simply dispose of the item, but you could charge a reasonable storage fee, invoice at regular intervals, and when the storage fees are equal or greater than the value of the item, then sell the item to recover the costs.
That might be all b
ks. Still worth invoicing storage costs though.
That might be all b
ks. Still worth invoicing storage costs though.Ed/L152 said:
Not sure if you can simply dispose of the item, but you could charge a reasonable storage fee, invoice at regular intervals, and when the storage fees are equal or greater than the value of the item, then sell the item to recover the costs.
That might be all bks. Still worth invoicing storage costs though.
That’s how it generally works... When the cost of ‘storage’ reaches the value of the item you sell the item to cover the storage costs. Something cheap can be thrown instantly but something expensive you need to allow them more time.That might be all b
ks. Still worth invoicing storage costs though.Not quite the same but some similarities...
I ordered a wheelchair for my Dad from an Ebay seller. When it did not arrive I queried it to be told that the courier had delivered it and it had been signed for by one of their neighbours. We spoke to them and they had not taken it in or signed for it (their honesty was not in question).
The seller insisted the package had been delivered and sent a copy of the tracker trace from the courier's van - which clearly showed that it had gone nowhere near my parents' house. I suggested they send the courier back to wherever they had left the package and collect it at which point the seller became most unhelpful, so I raised a dispute with Ebay.
Ebay were pretty impressive, I have to say, and refunded my money.
Then, by chance, on the same day I bought another wheelchair somewhere else, the neighbour who had allegedly signed for it (who may even have been out looking as they felt bad about being "named" as having done so) saw a box with a wheelchair diagram on it outside a house with the same number as my parents but in a completely different street. Apparently, as it wasn't for them they asked the courier to collect it, which they had not. Of course, they could have walked around to my parents house and said something - it had their address on the box...
My brother and I went round and took the package - the seller had my money and were being unhelpful so I wasn't going to let them have it back. I rang Ebay and told them but they were happy for me to keep it, however, I didn't think it was morally right to do so as they had refunded me.
A couple of phone calls later and I delivered the new but surplus to requirements wheelchair to a very grateful local cancer charity.
I ordered a wheelchair for my Dad from an Ebay seller. When it did not arrive I queried it to be told that the courier had delivered it and it had been signed for by one of their neighbours. We spoke to them and they had not taken it in or signed for it (their honesty was not in question).
The seller insisted the package had been delivered and sent a copy of the tracker trace from the courier's van - which clearly showed that it had gone nowhere near my parents' house. I suggested they send the courier back to wherever they had left the package and collect it at which point the seller became most unhelpful, so I raised a dispute with Ebay.
Ebay were pretty impressive, I have to say, and refunded my money.
Then, by chance, on the same day I bought another wheelchair somewhere else, the neighbour who had allegedly signed for it (who may even have been out looking as they felt bad about being "named" as having done so) saw a box with a wheelchair diagram on it outside a house with the same number as my parents but in a completely different street. Apparently, as it wasn't for them they asked the courier to collect it, which they had not. Of course, they could have walked around to my parents house and said something - it had their address on the box...
My brother and I went round and took the package - the seller had my money and were being unhelpful so I wasn't going to let them have it back. I rang Ebay and told them but they were happy for me to keep it, however, I didn't think it was morally right to do so as they had refunded me.
A couple of phone calls later and I delivered the new but surplus to requirements wheelchair to a very grateful local cancer charity.
RB CV8 said:
Not quite the same but some similarities...
I ordered a wheelchair for my Dad from an Ebay seller. When it did not arrive I queried it to be told that the courier had delivered it and it had been signed for by one of their neighbours. We spoke to them and they had not taken it in or signed for it (their honesty was not in question).
The seller insisted the package had been delivered and sent a copy of the tracker trace from the courier's van - which clearly showed that it had gone nowhere near my parents' house. I suggested they send the courier back to wherever they had left the package and collect it at which point the seller became most unhelpful, so I raised a dispute with Ebay.
Ebay were pretty impressive, I have to say, and refunded my money.
Then, by chance, on the same day I bought another wheelchair somewhere else, the neighbour who had allegedly signed for it (who may even have been out looking as they felt bad about being "named" as having done so) saw a box with a wheelchair diagram on it outside a house with the same number as my parents but in a completely different street. Apparently, as it wasn't for them they asked the courier to collect it, which they had not. Of course, they could have walked around to my parents house and said something - it had their address on the box...
My brother and I went round and took the package - the seller had my money and were being unhelpful so I wasn't going to let them have it back. I rang Ebay and told them but they were happy for me to keep it, however, I didn't think it was morally right to do so as they had refunded me.
A couple of phone calls later and I delivered the new but surplus to requirements wheelchair to a very grateful local cancer charity.
so you had a refund and then you took the original package from another address? That's theft and surprised you would do that.I ordered a wheelchair for my Dad from an Ebay seller. When it did not arrive I queried it to be told that the courier had delivered it and it had been signed for by one of their neighbours. We spoke to them and they had not taken it in or signed for it (their honesty was not in question).
The seller insisted the package had been delivered and sent a copy of the tracker trace from the courier's van - which clearly showed that it had gone nowhere near my parents' house. I suggested they send the courier back to wherever they had left the package and collect it at which point the seller became most unhelpful, so I raised a dispute with Ebay.
Ebay were pretty impressive, I have to say, and refunded my money.
Then, by chance, on the same day I bought another wheelchair somewhere else, the neighbour who had allegedly signed for it (who may even have been out looking as they felt bad about being "named" as having done so) saw a box with a wheelchair diagram on it outside a house with the same number as my parents but in a completely different street. Apparently, as it wasn't for them they asked the courier to collect it, which they had not. Of course, they could have walked around to my parents house and said something - it had their address on the box...
My brother and I went round and took the package - the seller had my money and were being unhelpful so I wasn't going to let them have it back. I rang Ebay and told them but they were happy for me to keep it, however, I didn't think it was morally right to do so as they had refunded me.
A couple of phone calls later and I delivered the new but surplus to requirements wheelchair to a very grateful local cancer charity.
superlightr said:
so you had a refund and then you took the original package from another address? That's theft and surprised you would do that.
No theft at all.Perhaps I did not make it clear enough, but the package was addressed to ME at MY PARENTS' address. It was mis-delivered by the courier TO THE WRONG STREET and the recipients left it outside at the mercy of the elements for collection that never happened. It had been outside long enough for the cardboard to fade.
The seller was totally disinterested when I had queried non-delivery and would not follow it up with the courier, whose own tracker showed that their van went nowhere near the correct address.
It was Ebay that refunded me, NOT the seller. Whether Ebay debited the seller I do not know but as far as I was concerned, at that stage the package became the property of Ebay. Therefore, when we located it, I telephoned Ebay and told them and asked what they wanted me to do with it (expecting to have to send it back).
Ebay said as far as they were concerned I could do what I liked with it and I told them that as it was not right that I should have the refund and the wheelchair, I would donate it to charity. They were happy with my suggestion, and that is exactly what I did with it.
I took it to a cancer care charity in South Cambridgeshire. They were very grateful.
A thief I most certainly am not.
RB CV8 said:
superlightr said:
so you had a refund and then you took the original package from another address? That's theft and surprised you would do that.
No theft at all.Perhaps I did not make it clear enough, but the package was addressed to ME at MY PARENTS' address. It was mis-delivered by the courier TO THE WRONG STREET and the recipients left it outside at the mercy of the elements for collection that never happened. It had been outside long enough for the cardboard to fade.
The seller was totally disinterested when I had queried non-delivery and would not follow it up with the courier, whose own tracker showed that their van went nowhere near the correct address.
It was Ebay that refunded me, NOT the seller. Whether Ebay debited the seller I do not know but as far as I was concerned, at that stage the package became the property of Ebay. Therefore, when we located it, I telephoned Ebay and told them and asked what they wanted me to do with it (expecting to have to send it back).
Ebay said as far as they were concerned I could do what I liked with it and I told them that as it was not right that I should have the refund and the wheelchair, I would donate it to charity. They were happy with my suggestion, and that is exactly what I did with it.
I took it to a cancer care charity in South Cambridgeshire. They were very grateful.
A thief I most certainly am not.
I can understand why you think you may want to do some good but I think you were misplaced in trying to do so.
I think the item belonged to the seller not you or ebay as it was not delivered to you and you had a refund. Its a good topic to discuss from a "theory" point of view and which as an old law school debater and ex solicitors would find it interesting but would still think it would go against you in a debate
Edited by superlightr on Monday 3rd June 17:01
RB CV8 said:
superlightr said:
so you had a refund and then you took the original package from another address? That's theft and surprised you would do that.
No theft at all.Perhaps I did not make it clear enough, but the package was addressed to ME at MY PARENTS' address. It was mis-delivered by the courier TO THE WRONG STREET and the recipients left it outside at the mercy of the elements for collection that never happened. It had been outside long enough for the cardboard to fade.
The seller was totally disinterested when I had queried non-delivery and would not follow it up with the courier, whose own tracker showed that their van went nowhere near the correct address.
It was Ebay that refunded me, NOT the seller. Whether Ebay debited the seller I do not know but as far as I was concerned, at that stage the package became the property of Ebay. Therefore, when we located it, I telephoned Ebay and told them and asked what they wanted me to do with it (expecting to have to send it back).
Ebay said as far as they were concerned I could do what I liked with it and I told them that as it was not right that I should have the refund and the wheelchair, I would donate it to charity. They were happy with my suggestion, and that is exactly what I did with it.
I took it to a cancer care charity in South Cambridgeshire. They were very grateful.
A thief I most certainly am not.
1. Parcel is delivered to wrong address by courier.
2. Seller is told it is delivered to correct address.
3. You chase the seller.
4. Seller refers to #2, which is likely what the courier tells him when questioned.
5. You claim the money back via ebay.
6. subsequent to buying a new one, you find out that the courier was the one at fault and not the seller, who was being misled.
7. Instead of telling the seller, you decide he deserves to be penalised for the couriers error and you take ownerships of the goods addressed to you.
8. You try to justify your actions with claims that the seller had disrespected you for not knowing that the courier had misled you both. You also fail to blame the people who received the item with your address on it.
9. Because you knew it would be wrong to keep the original chair, you decide to hide behind the fact that you gave it to charity as a reasonable course of action.
I think your actions were pretty damn dishonourable.
You even had proof that the seller had despatched an item correctly (remember the clearly addressed label), yet you ignored that fact completely, when you decided to keep it.
superlightr said:
its not eBay's property.
Suspect it was. eBay sometimes issue non fault refunds, basically, they foot the bill. So OP's refund would have come from eBay directly and the original seller would have kept his sale money.Usually in those cases they tell you to just dispose of whatever the item was.
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