Ebay sale/faulty goods/repaire/court MCOL

[Carlosdecorator]

Hello

I purchased a paint sprayer via ebay before xmas. It arrived and was broken. I raised a case with ebay/paypal and they found it in the sellers favour. The seller wouldn't accept a return saying it was working when sent. Ebay/paypal then advised me to open a dispute with my bank. I did this sending info, photos and an explanation on the goods I bought that wasn't fit for purpose as it was broke. My bank after a week or so refunded the payment in full and said there is 45 days for it to be disputed.

After more than 45 days (today) I receive a message via ebay from the seller asking for the item to be sent back as I've had my money refunded by the bank, and I guess ebay/paypal have then taken it back from him. He's saying that if I don't send it back he will open a case via MCOL and take me to court.

Where do I stand if;

1. With the refunded money £290 and an additional say £150, I went and had the item fixed and now its in use by me.

2. If I threw the item out as it was broken and in the sellers description it said no returns and even refused for it to be sent back when I said I'd like to return it as its broke.

Thanks
Carl

[paulajayne]

Re: Ebay sale/faulty goods/repaire/court MCOL

Not too clear -

Do you still have the item?
Have you had it repaired?
Have you disposed of it?

[Kati]

Re: Ebay sale/faulty goods/repaire/court MCOL

Do you have it in writing that the seller refused a return??
[MENTION=39710]des8[/MENTION] [MENTION=71570]R0b[/MENTION]

[des8]

Re: Ebay sale/faulty goods/repaire/court MCOL

IMO an equitable solution would be along the lines that you return to the seller the price paid (£290) less £150 being the extra you paid to have the item repaired.

Once you had received the return from the bank ownership of the item would have reverted to the seller. He said he would not accept a return when eBay found in his favour.
If eBay had found in your favour, presumably you would have had your refund from eBay and he would have accepted return of the goods.

If he is serious about court action you may find he will in fact negotiate at mediation stage.

Wait to hear from [MENTION=71570]R0b[/MENTION]

[Carlosdecorator]

Re: Ebay sale/faulty goods/repaire/court MCOL

Do you have it in writing that the seller refused a return??
@des8 @R0b

Hello,
Yes I do. He also advises to get the item repaired at my own cost.

[Carlosdecorator]

Re: Ebay sale/faulty goods/repaire/court MCOL

IMO an equitable solution would be along the lines that you return to the seller the price paid (£290) less £150 being the extra you paid to have the item repaired.

Once you had received the return from the bank ownership of the item would have reverted to the seller. He said he would not accept a return when eBay found in his favour.

The cost of the possible repair would of been the original £290 plus another £150. So £440 altogether that it would of cost, £290 that I had already paid for it but had it given back by my bank.


If eBay had found in your favour, presumably you would have had your refund from eBay and he would have accepted return of the goods.

If he is serious about court action you may find he will in fact negotiate at mediation stage.

Wait to hear from @R0b

But if I have thrown it away after he said he didn't want it back and that its up to me to get repaired, then where would I stand after the bank gave me a refund for something that is broken and of no use. Sorry if I'm telling half a story, I don't want to say exactly what happened with it being an open forum.

- - - Updated - - -

Not too clear -

Do you still have the item?
Have you had it repaired?
Have you disposed of it?

say too much with it being an pen forum, thats why I've given options.
Don't want to

[des8]

Re: Ebay sale/faulty goods/repaire/court MCOL

As you are apparently only telling part of the tale, comment becomes a bit superfluous!
From your post it seems he said he did not want it back after eBay said he did not have to refund you.
When you received a refund via the bank(was this on Debit card chargeback or credit card sec 75 claim?) I'm assuming that the bank clawed the cash back from his account.
This puts a different complexion on the matter, as he has neither money nor item whilst you have both.

When did he suggest you have it repaired at your own cost?
Before eBay decision?
After eBay decision
After Bank refund?

I also note that your original post says you had the item fixed, but now you refer to a possible repair.
Have you had it repaired?
If so how much did it actually cost?

Tell half a story .....

[Carlosdecorator]

Re: Ebay sale/faulty goods/repaire/court MCOL

As you are apparently only telling part of the tale, comment becomes a bit superfluous!
From your post it seems he said he did not want it back after eBay said he did not have to refund you.
When you received a refund via the bank(was this on Debit card chargeback or credit card sec 75 claim?) I'm assuming that the bank clawed the cash back from his account.
This puts a different complexion on the matter, as he has neither money nor item whilst you have both.

When did he suggest you have it repaired at your own cost?
Before eBay decision?
After eBay decision
After Bank refund?

I also note that your original post says you had the item fixed, but now you refer to a possible repair.
Have you had it repaired?
If so how much did it actually cost?

Tell half a story .....

Like I've said I don't want to say exactly wha 7 happened with it being an open forum. He said he doesn't want it back and it's up to me to get repaired before and after the ebay decision. I then rang my bank and said I'd been sold something that doesn't work, item isn't as described and they won't accept a return. They investigated it for around three weeks before refunding me.

- - - Updated - - -

Original post doesn't state whether it was fixed or thrown away.

[des8]

Re: Ebay sale/faulty goods/repaire/court MCOL

Like I've said I don't want to say exactly wha 7 happened with it being an open forum. He said he doesn't want it back and it's up to me to get repaired before and after the ebay decision. I then rang my bank and said I'd been sold something that doesn't work, item isn't as described and they won't accept a return. They investigated it for around three weeks before refunding me.

- - - Updated - - -

Original post doesn't state whether it was fixed or thrown away Sorry misread .. it's Friday evening!.

OK .. you got your money back.
He is possibly entitled to have the item back, but all you have to do is make it available for his collection by prior arrangement.
So tell him it is waiting for him. You do not have to send it to him, even if he sends you preaddressed and stamped packaging.

Hopefully he is not close enough to actually collect!

[Carlosdecorator]

Re: Ebay sale/faulty goods/repaire/court MCOL

OK .. you got your money back.
He is possibly entitled to have the item back, but all you have to do is make it available for his collection by prior arrangement.
So tell him it is waiting for him. You do not have to send it to him, even if he sends you preaddressed and stamped packaging.

Hopefully he is not close enough to actually collect!

Thanks.
If with that refunded money I got it repaired and also put money towards it where would I stand? What if I've thrown it away with it being a broken item. Thanks for the info by the way!

[des8]

Re: Ebay sale/faulty goods/repaire/court MCOL

if, following his instructions, you had disposed of the item that would be his problem
Possibly those instructions hold good and you could argue that the seller no longer wanted the goods and relinquished ownership and therefore you could do with them what you wanted.
However he will argue that the position changed when he was forced to refund you, and he now wants the item returned.

I don't know which argument would take precedence (altho' I tend to the former), hence I suggested at the beginning that you could possibly negotiate a settlement.
Generally a compromise is better than a court action!

As you haven't actually had the goods repaired yet, I see no point in speculating about the possible position

[R0b]

Re: Ebay sale/faulty goods/repaire/court MCOL

It's hard to give any real answer if there's only half a story to it but as Des has said, the seller may be entitled to it back, this is because you've been put in a better position than you were beforehand i.e. by having the goods and the full refund.

Unless the seller released ownership after you (if you did) informed of your intention to get your refund through the bank by telling you that you can still keep it, then I think the court will take the position of what's fair and reasonable. Either:

(a) you return the goods back to the seller; or
(b) as Des has suggested, if the goods have been repaired by you at a cost of £150, then you pay the seller the difference back

I can see your withholding information so there's no point saying much more until the full facts are known. Unfortunately, you can't tell half a story because the 'other half' of that story could cause the circumstances to change and alter the prospects of whether you could successfully defend a claim against the seller.