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 Post subject: Ebay dispute...
PostPosted: Wed Dec 27, 2017 7:34 pm 
Ain't no party like an S Club party
Ain't no party like an S Club party
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Joined: Thu May 25, 2006 4:54 pm
Posts: 7750
Location: 'I have too many DiskDrives!' said no one, ever.
In over 15 years using ebay (always buying, never sold), I've never had too much cause for complaint, but have now started my first dispute and was hoping for a little feedback from forum members who may have been in a similar position...

A few weeks ago I bought some nice levers from a seller in the USA. Paid just over £70 for them including postage, and then over £20 in import taxes and handling charges. I was happy with the price I paid, and had factored in the import charges when bidding. So, all good.

The delivery note arrived from Royal Mail, confirming the charges due and that I had to pay and collect from my local sorting office. Again no problem and something I have done lots and lots of times over the years.

With a load of work on, and various other circumstances, I was only able to collect a few weeks after receiving the charges note. Not a problem, still within the time Royal Mail allow to collect the item before returning to sender, and I picked up the package without issue.

On getting back to work, I excitedly opened the package (early Xmas pressie!) and on unwrapping the first lever inside (simply wrapped in cling film) immediately noticed the blade was bent :( Then I spotted the body was cracked at the pivot! All the way through, and an open crack, not a hairline. :(

I loosely but not fully unwrapped the second lever (same simple cling film wrapping) and that seemed ok. I immediately took photos, with all the packaging in evidence, and sent to the seller as a dispute.

As I say, I've never had cause to do this before, but over £90 in for some broken levers I was pretty annoyed.

Response from seller is that he had provided detailed photos, that I've had them for over a month, and that import duties are my concern not his.

I've replied that I'm not at all concerned about the import duties and know they stand with me - I had factored them into my bid, but the overall cost of item, post, charges is not a price I would have paid for a set of levers with one broken!

Secondly, I had only at the time of raising the dispute just picked up the levers. It may have been a while since the purchase, but I certainly hadn't had them for 'over a month'. Indeed, if it had been over a month then they would have been returned to the seller as the import duties were unpaid.

Lastly, and the biggie, there is absolutely no chance the damage is new or that the seller had not noticed it before as he claims. It was immediately apparent as soon as I opened the package - it's not a scratch, it's a full on crack, and the blade is visibly bent.

It was not mentioned in the description, and nor was there sufficient detail in the photos to show the damage. To that extent, the photos certainly did not detail the condition of the levers. They showed a pair of levers in seemingly good condition, and not close ups of any faults.

I've not inspected closely as I wanted to keep things exactly as received, but it looks like there may even be a washer inserted on the pivot pin to take up the play between bent blade and broken body.

Anyway, I've responded along the lines of the above (not mentioned washer) so will see what he says.

So, is anyone able to share their experience of raising an issue as a buyer?

What are my chances of a successful outcome? I have no idea how ebay operates in such instances, and whether their protection policy will cover me for an item clearly mis sold by the seller?

As it stands, I've paid over £90 for a pair of pretty much useless levers, and am a little bit miffed!


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 Post subject: Re: Ebay dispute...
PostPosted: Wed Dec 27, 2017 7:46 pm 
King of the Skip Monkeys
King of the Skip Monkeys

Joined: Wed Nov 07, 2007 4:34 pm
Posts: 28588
You are kinda screwed as unfortunately you left it a while before collecting. In the minds of anyone investigating, absolutely anything could have happened to the package to cause the damage whether it was there prior to posting or not.

You could try claiming from the US carrier, ebay, or even Royal Mail but your chances are very slim.


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 Post subject: Re:
PostPosted: Wed Dec 27, 2017 7:51 pm 
Ain't no party like an S Club party
Ain't no party like an S Club party
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Joined: Thu May 25, 2006 4:54 pm
Posts: 7750
Location: 'I have too many DiskDrives!' said no one, ever.
Sure it'll be easy enough for Royal Mail to confirm I only picked up the package the same day I raised the dispute. Can't see that being too much of an issue to overcome?


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 Post subject: Re:
PostPosted: Wed Dec 27, 2017 8:01 pm 
Ain't no party like an S Club party
Ain't no party like an S Club party
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Joined: Thu May 25, 2006 4:54 pm
Posts: 7750
Location: 'I have too many DiskDrives!' said no one, ever.
Ok, I read your post correctly the second time, and see your point about handling times! It's obviously apparent in my view that the crack is long standing and not something that would or could have been done instead it or storage waiting for collection, but I'll be prepared to argue that point...


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 Post subject: Re:
PostPosted: Wed Dec 27, 2017 8:02 pm 
Gold Trader
Gold Trader
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Joined: Fri Jan 23, 2009 2:30 pm
Posts: 14450
Location: Surrey
I'd disagree. You will be able to prove when you picked them up. Imagine if you were on holiday when something arrived and only opened it a few weeks later, when you got back, but because you were on holiday, you were unable to make a claim? You also need a fair chance to use/try an item to find out it is fit for purpose.

As you are able to prove when you picked it up, and as the damage is clearly old, obvious and not shown in the pictures, you should stand a fair chance of a positive outcome. eBay tend to side with the buyer, though not always. If you've pictured everything as you unwrapped it, I can't see why they would not treat the case fairly.


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 Post subject: Re: Ebay dispute...
PostPosted: Wed Dec 27, 2017 8:03 pm 
King of the Skip Monkeys
King of the Skip Monkeys

Joined: Wed Nov 07, 2007 4:34 pm
Posts: 28588
But that wont go to explain to the investigation algorithms what happened to the package in the intervening time.

You may be lucky with ebay but all it takes is for the seller to say that they were perfect when they sent them out, regardless of whether they actually were or not.

Having been on both ends of this sort of thing, as a seller I've simply refunded as its been more hassle than its worth.


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 Post subject: Re: Ebay dispute...
PostPosted: Wed Dec 27, 2017 8:04 pm 
GOLD | PoTM | Rider | rBOTM
GOLD | PoTM | Rider | rBOTM
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Joined: Tue Feb 26, 2013 6:26 pm
Posts: 21427
Location: 54 Festive Road Winchcombe GLOUCS Yarp...
http://www.ebay.co.uk/gds/When-Items-Ge ... 587/g.html

Seller is responsible for any claim according to my understanding.


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 Post subject: Re: Ebay dispute...
PostPosted: Wed Dec 27, 2017 8:04 pm 
Gold Trader
Gold Trader
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Joined: Sat Aug 02, 2008 3:12 pm
Posts: 9080
Location: Oh Canada!
file the dispute through ebay, explain all in detail and let them mediate. i think they would side in your favour. given it's an international sale, they should factor that in consideration for the period of time being shipped and it arriving to you. also if you collected and paid duties, that receipt tells them exactly when you picked it up and you did not have it in hand to examine the goods any time prior to that.


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 Post subject: Re: Ebay dispute...
PostPosted: Wed Dec 27, 2017 8:06 pm 
Gold Trader
Gold Trader
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Joined: Sat Aug 02, 2008 3:12 pm
Posts: 9080
Location: Oh Canada!
as for any damage of the item in transit, it's for the seller to make the claim as he is the one that shipped it. it's not up to the buyer to file the claim or chase.


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 Post subject: Re: Ebay dispute...
PostPosted: Wed Dec 27, 2017 8:12 pm 
King of the Skip Monkeys
King of the Skip Monkeys

Joined: Wed Nov 07, 2007 4:34 pm
Posts: 28588
I'm actually going through a similar thing myself, bought something, its marked as dispatched and disappeared since with no tracking or courier details.

I think you should be ok but I always play Devil's Advocaat (that really old bottle at the back of the cupboard) and prepare for the worst.

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