Ebay Dispute.

[divegirl]

Hi,
I recently bought from Ebay a dress [£39.99 + £3.99 P&P] from Hong Kong [yes it was the one in Shopping for anyone that may have seen that thread]. It arrived within 3 days so doubtful that it came from HK and is awful.
I know that alone is not grounds for a refund but luckily for us they sent the wrong design too.
I opened a dispute and after a bit of too'ing and fro'ing the seller said he would issue a full refund... Ebay whoever will not allow him to do this with out me returning the dress to HK at my own expense of £54.18 :0/

I have spoken on the phone to Ebay and they will not budge on this. I have also emailed the seller privately to say this is not good enough.

Can I, and is it worth opening a dispute with Paypal too, or should I wait it out a while?

Lisa x

[EDDIE51]

Just seen that it is 500gm, well as Mrs O says, £13.50 by Royal Mail international signed for. That is the one to use NOT Parcel force ! International signed for is a recorded service and you get a signature on delivery.

[divegirl]

Update!!!

This is the email I received this morning:
Hi,dear Lisa
yes,we will pay for the shipping cost,you could send the dress back to us,after we get it ,we will refund all your payment plus the return postage,thank you!

Best regards
Kevin

I have replied with the words 'trading standards', 'Paypal' and 'bad feedback' , all capitalised for Joko ;0)
I have given them 24/36 hours to refund the money and will take it from there.

I understand the bit about the p&p being refunded after the deed but am now being stubborn I'm afraid. Had they not already agreed to a full refund until Ebay stuck their nose in I suppose I would have had to comply. But they did and I'm not!

Lisa x

[ojread2]

Lisa, does the listing state at all where the item is located?

Was there an address anywhere on your invoice or on listing ?

See what the telephone number is http://www.ebay.co.uk/sch/ebayadvsearch?_sofindtype=9
Seler will get your details but if it's a UK one, it's possible you may well be bale to argue that point

Never use caps in a dispute, keep it simple and keep it clear

Try Buyer Central forums for other ideas

Eddie is right, for the most part, ebay will make the buyer return, tracked. You signed up for it when you agreed the T&C's on ebay

[ojread2]

Don't believe them, they will not refund your shipping costs
Trading standards can do little unless they are a large inporter to the UK
What will PP do?
And threatening bad FB is likely to get your account a black mark and is known as FB extortion

[divegirl]

The only reason I mentioned bad feed back to him was because this is one of the emails I received...

'Hi,dear friend Thank you for your reply ,we are happy to refund your money,could you please leave us a positive feedback?then we will refund the money to you ,thank you! Best regards Kevin '

Now tell me if I am wrong, but this is the way 'Kevin' makes his money.

I only used Ebay as I felt I would be more 'protected'. 'Kevin' has really good feedback, I wonder how much of this was given over deals like mine?

I agreed to leave him good feedback, as in, the refund was given for his mistake and his communication was good... Nothing else.

I am not making threats, this is what I will be doing.

Lisa x

[divegirl]

@ ojread

I'm hoping, as to what I have read online that PP will just refund the money. I wish I had gone the PP route originally as they appear for the most part to be on the buyers side. Hindsight is a wonderful thing though lol

Lisa x

[ojread2]

PP will not 'just refund' you

In fact, for SNAD ebay is a far better dispute
PP and ebay have the same refund policies and only in exceptional cases do you get a 'no fault' refund and I've never heard of one of those being issued by PP only by ebay

[divegirl]

But as you have said yourself, they, in all likelihood will not refund the p&p so I will still be left out of pocket.

I have asked them now to PP me the estimated p&p.. Through all this I would still have to give them 5 out of 5 for their communications.

Lisa x

[ojread2]

That's a far better diea, asking for P%P first

But, as I said, PP will not refund as you think they might
Ebay, however, may issue a no fault refund meaning you don't have to return the item at all

I hope you opened an ebay dispute

[joko]

good girl! lol

you have a written promise from them that that have agreed to refund so ebay will see that and surely insist they do refund it.

the girl i had the problem with said they will pay return - but not for recorded etc! it has to be just ordinary post
i said what if the item does not arrive?
and she just said its unlikely and nothing ever has before - i just said well i will have proof of postage so if it doesn't arrive you must still refund me regardless - and make a claim from royal mail

shes right of course - its unlikely to go missing - but she could say she never got it back to be awkward.

[ojread2]

Joko, your proof of postage means diddly on ebay
Buyer opens an INR, you have to refund or you will made to by ebay, then YOU go and claim from RM. Seller is responsible for getting the item to the buyer, proof of postage doesn't prove that

Lisa; What ever you have in writing is not enforceable on ebay/PP and it is folly to believe it can be
You know what to do, the way you choose to go is down to you

[divegirl]

Arghhh... no email this morning! And Kevin was doing so well with his correspondence!

Lisa x

[divegirl]

Todays email reads....

HI,dear friend
I am sorry about that ,we could refund 20GBP to you ,could you please keep the dress and re-sell it?did you mean it will cost £15 to send it back to us?we will refund £15 to yo first ,so you can return it to us.
but it will take a long time,please let me know your option,thank you!

Whats the betting if I get him to refund the £15 first he will take that off of the total?
Looks like I need to send back a very carefully worded reply.

Lisa x

[tonyav]

Good luck, Lisa.

[pauln90]

I recently saw a BBC consumer programme,sorry cant recall if it was Watchdog or Don't get done get Dom, but they had a similar case but it related to wedding dresses which were very poor fakes. Bottom line was that the supplier kept delaying a refund until the 45 days dispute period had passed and then stopped answering emails and of course no refund was made. So beware of purchasing from China. As was shown on the programme the glossy photographs of designer dresses were simply taken from legitimate websites.

[joko]

Ojread - I am the buyer - not the seller.

The seller has refused to refund for recorded delivery - says use normal post only, and i have pointed out it could go missing ... she doesnt seem to think its a problem ... but if the item doesnt reach them then i can prove i have posted it.

[divegirl]

I can well believe it Pauln

The seller kept offering me a £20 refund and told me to re sell the dress. I wouldn't use it to line my dogs bed! It is awful and I as I have previously started I was just really lucky they sent the wrong one or I wouldn't have had a leg to stand on!

Lisa x

Waves at Tonyav.... hey hun, hope you are well xxx

[hc4361]

Proof of postage is not the same as proof of delivery, though, and the contract for postage is between you and the carrier (probably RM) so you, joko, would have to chase it up and get refunded by the post office. Maximum on ordinary postage is 10x the cost of a first class stamp.

Pay the extra few pennies and send it recorded.

[ojread2]

no, HC thats not right
joko was the buyer (Sorry, I misread you Joko)
The seller will have to refund and claim from RM not joko, the buyer

And anyone who does not open a dispute on day 44 for items that haven't arrived from China are just plain stupid