Bay / Paypal dispute (iPhone related)
Bay / Paypal dispute (iPhone related)
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vincenz

Original Poster:

695 posts

263 months

Saturday 8th March 2014
quotequote all
Hi
Was after a bit of advice from anyone in a similar situation as to how this will play out:

-Sold iPhone on ebay 5th Feb, (iphone 5 64GB, for £300) in the listing it stated it had a dent round the power button where it had been dropped, the screen was marginally pushed out but fully working / not shattered (i'd used it for around six months like this).

-Buyer receives item 5th Feb, informs me by post the item has arrived, is great, thanks alot etc. and leaves me positive feedback.

-6th March buyer gets in touch saying screen is playing up (subsequent pics look likes it been dropped but not cracked the screen simply caused digitiser to stop responding) and she has been to Apple Store but as its out of warranty (no warranty stated in listing as it was a launch day phone from 2012) its not under warranty.

-7th March raises dispute with eBay, Paypal account debited whilst investigation is on going etc. due to be escalated on the 14th March.

My question is, if ebay rule in her favour and she send the phone back, how can I claim for the damage she's done to the handset.

Its not in the condition I sold it to her (which is acknowledges) and I think she's disappointed she has to pay £180 for a new screen so is using the 'not as described' route to avoid this.

Thoughts?!

Thanks

tyranical

927 posts

221 months

Saturday 8th March 2014
quotequote all
Has she acknowledged to you that it has been dropped or something? Did you state on the listing that it was no returns and are you a private seller or business seller? If you can clearly show from photographs without her sending it back to you that it has clearly been damaged more since you sent it then you may be able to build a case in your favour.

eBay is a difficult place sometimes - I run an eBay business myself.


thetrash

1,860 posts

237 months

Saturday 8th March 2014
quotequote all
I think you'll be alright. I sold a 4s to someone who had it for a week before he contacted me to say it kept turning off and that he wanted to cost of an apple replacement from the apple store. The phone was fine before I sent it and eBay judged the seller wouldn't be able to return the phone in the condition I sold it to him in. So they unfroze my paypal account and fked him off.

Martin4x4

6,506 posts

163 months

Sunday 9th March 2014
quotequote all
Send your above narrative to eBay and you shouldn't have any problem.

However this one again show why people shouldn't use Pay Pal or if you do continuously empty the account.

Funk

27,807 posts

240 months

Sunday 9th March 2014
quotequote all
Martin4x4 said:
Send your above narrative to eBay and you shouldn't have any problem.

However this one again show why people shouldn't use Pay Pal or if you do continuously empty the account.
Even if you empty the account PayPal will still come after you for the money.

People are broadly dishonest and I've stopped selling on eBay because of it. If I sell something now its through other sites where I can physically hand the item to the buyer and they payme in cash. Never had a problem with this method.

I think the big problem is people on eBay and PayPal will outright lie to fk you over and neither PayPal nor eBay really cares who's right as long as they've got their cut one way or another. Plus their fees at now at 'taking the piss' levels.

7db

6,060 posts

261 months

Sunday 9th March 2014
quotequote all
Funk said:
I think the big problem is people on eBay and PayPal will outright lie to fk you over
I think this - rather jaded - view of the world isn't right. My experience that there are people who will do this in all walks of life, but in my experience of eBay trades I am more often surprised by how honest and decent people are than how dishonest they are.

OP -- even if you lose and the buyer is required to send it back, you can then appeal the case when it arrives back as it isn't returned in condition sent out. Do so very quickly on return, however. Comparative photos, emails from buyer etc. Sometimes needs the escalation for support to realise what they are doing.

Martin4x4

6,506 posts

163 months

Sunday 9th March 2014
quotequote all
Funk said:
Even if you empty the account PayPal will still come after you for the money.
Tell them to swivel, they generally have no legal grounds. Consumer law is on you the customers side.

Funk said:
I think the big problem is people on eBay and PayPal will outright lie to fk you over and neither PayPal nor eBay really cares who's right as long as they've got their cut one way or another. Plus their fees at now at 'taking the piss' levels.
It attracts the crooks _because_ they take no action.


Siscar

6,315 posts

160 months

Monday 10th March 2014
quotequote all
anonymous said:
[redacted]
And a damaged one as well.

OldJohnnyYen

1,455 posts

180 months

Monday 10th March 2014
quotequote all
It doesn't matter what terms and conditions you put in your advert, you only play by ebays. You will see that in any dispute.

eatcustard

1,003 posts

158 months

Monday 10th March 2014
quotequote all
You listing states its damaged, so you "should" be fine.
I have had a similar thing happen with me, and paypal found in my favour.

Top Tip

Never buy or sell on ebay unless you can stand the loss.

anonymous-user

85 months

Monday 10th March 2014
quotequote all
[quote=eatcustard

Top Tip

Never buy or sell on ebay unless you can stand the loss.
[/quote]


Good advice in my experience.

Dangerous Dan

624 posts

202 months

Monday 10th March 2014
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And when sending out stuff that is valued at anything over, say £20, then send it recorded or special delivery (make the buyer pay for this). Too many crooks saying st never turned up and if you have no proof of postage...

vincenz

Original Poster:

695 posts

263 months

Thursday 20th March 2014
quotequote all
Thanks for all the replies especially the pointers about the appeal process and the rule of 'only selling something if you can afford to give it away'!

As expected they ruled in the buyers favour, asked her to return it to me and I had to paypal back, that was Sunday evening.

I hadn't seen any tracking number or phone as of this morning so I rang eBay customer service number and spoke to the resolution team.

Took the guy through the pointers I'd submitted in the case then he put me on hold, five mins later he said he'd refund me and I didn't need to do anything else, paypal balance went back to zero shortly after.

Phone in listing:


Picture sent by buyer of 'fault'





Thanks once again

thetrash

1,860 posts

237 months

Monday 24th March 2014
quotequote all
Good result. eBay must be getting fed up with all the iphone disputes!

eatcustard

1,003 posts

158 months

Monday 24th March 2014
quotequote all
Does that mean ebay/paypal will stand the loss, or will they chase the buyer?

Martin4x4

6,506 posts

163 months

Monday 24th March 2014
quotequote all
vincenz said:
Phone in listing:


Picture sent by buyer of 'fault'


Thanks once again
Should have posted this in the beginning, the 'fault photo' is blatantly photo shopped. Look at the blurring is in line with the photo not the screen.

Centurion07

10,395 posts

278 months

Monday 24th March 2014
quotequote all
Martin4x4 said:
vincenz said:
Phone in listing:


Picture sent by buyer of 'fault'


Thanks once again
Should have posted this in the beginning, the 'fault photo' is blatantly photo shopped. Look at the blurring is in line with the photo not the screen.
Probably because that blurring was added by either the OP or the scammer in order to protect the identity of the kid. Overprotective much?

Anyways, if it's the vertical lines on the right of the screen they do look photoshopped as they don't seem to affect the icons behind them in terms of brightness or anything else.

KaraK

13,876 posts

240 months

Tuesday 25th March 2014
quotequote all
Centurion07 said:
Probably because that blurring was added by either the OP or the scammer in order to protect the identity of the kid. Overprotective much?

Anyways, if it's the vertical lines on the right of the screen they do look photoshopped as they don't seem to affect the icons behind them in terms of brightness or anything else.
The lines look to me as if they are part of the background image.. all the UI elements seem to sit on top of them if that makes sense?

vincenz

Original Poster:

695 posts

263 months

Tuesday 25th March 2014
quotequote all
I added the blur as it wasn't my child / relative, didn't want to even open that can of worms smile

I believe eBay have absorbed the loss as the seller got a refund and my Paypal is back to £0.

I'll let you know if the phone turns up...... still nothing as of last night.


NPI

1,310 posts

155 months

Tuesday 25th March 2014
quotequote all
vincenz said:
I believe eBay have absorbed the loss as the seller got a refund...
What makes you think the seller got a refund - they surely won't credit her until you confirm receipt of the 'phone?