help with ebay dispute

[drdan007]

Hi,

I was wondering if anyone can help me with regards to an ebay dispute? I had listed up an old Go-kart as a non runner clearly stated in my product description. I bought it a yr ago as a father son project but kids change their minds and dont stick things through so we never did anything with it. It is pretty ropey tbh but all stated in my ad.d To cut a long story short it sold last night , the buyer purchased through paypal. He came round to pick it up last night stayed for 45 minutes and I explained all about it, he was happy with it and took it away. I also stated no returns in my listing. I received a phone call today saying that it is "only fit for scrap" and now he's demanding his money back, he left me positive feedback as well. He said hes taken the kart apart and it is not as described. Surely once it leaves my possession it is no longer my problem especially as he has taken it apart and opened the engines up? Where do I stand on this will ebay and paypal take his side even though he left positive feedback. Does sold as seen apply in this case, I said Ill call him tonight should I refund him or tell him to get stuffed? Can anyone in the PH collective offer any advice?

[lost in espace]

Did he pay by paypal and collect in person, so you have no proof of delivery. Goodbye money.

If he paid in cold hard cash tell him to chuff off. In fact don't even reply to any more emails or phone calls.

[drdan007]

Yes he did but he left positive feedback does that not work in my favor?

[zaphod42]

Have a read of this:

http://www.pistonheads.co.uk/gassing/topic.asp?h=0...

Edit to add; there are a few more threads - search the SP&L forum for ebay.

Depends on your appetite for litigation, there have been many similar stories on PH where it has got to solictors and quasi solicitors letters with (I think) none going any further than bullying emails and rhetoric, when it has been a private sale.

Edited by zaphod42 on Monday 27th June 14:35

[drdan007]

Also to add, he did bring a printed page of his paypal transaction so if i have that in my possession will that help , surely that could prove that he picked it up? Or am I clutching at straws?

[speedchick]

If he paid via paypal, and then picked the item up, you have no proof of delivery, so he could go down an item not received claim and would win it, then he has the item and the money.

[Tanguero]

If you are the seller and he paid by Paypal then they will give him his money back regardless of any argument you might make. Best to offer him a refund in person and collect it. At least that way you get it back.

It sucks big time by once a buyer has lied through their teeth and told Paypal that is was not as described - then they will automaticaly refund no matter how untrue it is. Bitter? moi!!!?

[Matt_N]

Surely if it went to a dispute, eBay and Paypal would be able to use some common sense and see that it's unlikely a kart would be sent out therefore avoiding the pay via paypal then collect trick.

I know the words common sense and eBay / Paypal don't often go together but you can pay for cars and other large items via Paypal and yet they are collected.

[drdan007]

So my only choice is to offer a refund? Or do I link a different paypal account to ebay and close the previous one or can they freeze that one as well? I really dont want to refund this guy to be honest , why should I ave to fund buyers remorse on a used item.

[drdan007]

Should I link the listing so I can get your honest opinion on whether I am being misleadng I reallydont believe I have been but you might see something that I dont because I do have my blinkers on at the moment.

[matsmith]

What is he saying is not as described? A link to the listing might be useful.

[groucho]

I'm gpoing through this at the moment. I sold a Dension iPod interface that cam out of the bimmer after a rear ender. It worksd when it came out, but he says it doesn't now. I've offered him a refund even though it stated no returns, but I'm pretty pissed off about it.

[drdan007]

Heres the link,

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&am...

He's saying the cylinders are scored on the engine and a head gasket is missing, I dont know alot about karts but I was told that there isn't a head gasket. He is also saying that the frame is bent. He has opened the engines up obviously to ascertain the state of the cylinders so where does that leave me?

Edit to add: does the fact that i have 100% feedback of 111 vs his of 11 help me or not?

[Corsair7]

Your advert is fine, he's being very cheeky saying anything is wrong with it as you have described it as a non runner and a project.

If he's posted positive feedback, he cant withdraw that therefore cant raise a case against you.

Tell him to tell his lawyer to talk to your lawyer about it. He might get the hint to do one.

[matsmith]

drdan007 said:

He's saying the cylinders are scored on the engine and a head gasket is missing, I dont know alot about karts but I was told that there isn't a head gasket.

I'm not very familiar with the Arrow engine, on some engines there is a copper gasket which goes between the barrel and the head, but that doesn't look to be the case on this engine.

drdan007 said:

He is also saying that the frame is bent.

That chassis is what.. 10-15 years old? I see one year old chassis "bent" just through the natural stress placed on a chassis, so one of that age is bound to be out. Buyer beware on that surely? If he is that bothered then he could easily use some brute force to straighten it.

drdan007 said:

He has opened the engines up obviously to ascertain the state of the cylinders so where does that leave me?

If the barrel really is scored, it would likely need a rebore and full engine rebuild to remedy. I don't think your advert is a misleading one; it was sold as a non runner needing tlc.

[drdan007]

Thanks for that. Are you sure that if he's already posted positive feedback then he can't raise a dispute or a claim? I just feel that hes got a case of buyers remorse and it will cost more than he thought to put it right. Maybe an alarm bell should have rung when he paid via paypal instead f cash on collection like stated on the invoice i sent him. Too trusting? He also lives 15 mins away and now knows where i live.

[BliarOut]

Corsair7 said:

Your advert is fine, he's being very cheeky saying anything is wrong with it as you have described it as a non runner and a project.

If he's posted positive feedback, he cant withdraw that therefore cant raise a case against you.

Tell him to tell his lawyer to talk to your lawyer about it. He might get the hint to do one.

This, it's a non runner...

[zaphod42]

Looks like a very fair advert.

Especially:

"The kart hasn't been started for over a year , and the engines and carburettor could do with a rebuild/refresh, it has been sitting in the garage for this time. One engine is missing a head but the other is complete."
and
"This kart is not pristine and does need a dose of TLC, so with that in mind it is being sold as a non runner, but being 2 stroke the engines are easy enough to rebuild with new gaskets and bolts for someone who has the knowledge and time."

Buyer beware, you have made a fair representation of a non-running go-kart, from what was on the advert.

I'd certainly expect a non-running project that was worth a punt for £200.

[drdan007]

I appreciate the feedback guys. Of course in the real world this is enough, but will it be seen that way if a dispute is raised or if because he has left me positive feedback can a case even be opened?

[Tyre Tread]

Did he email you saying he had taken it apart?