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  • Possible ebay despute advice wanted.
  • Munqe-chick
    Free Member

    I advertised a Giant Trance frame with shock for sale on ebay on a buy it now or best offer. A new member bought the frame for the full asking price on 21st March 2011. He paid on 23rd March 2011 and it was posted shortly afterwards, of which I have various e-mails saying it was a great frame and he’d ridden it at Dalby Forest. I had to chase him up to leave me some feedback, which he did on 15th April and he apologised saying he didn’t know how ebay worked. Today I have received a message via ebay saying the shock doesn’t work and he has had to send it off for a service which will cost him £150 he reckons. He is asking me to meet him halfway stating that I didn’t mention this in the advert. I bought the frame off STW and never built it up, and hence I don’t know if there was an issue with the shock however it certainly didn’t look like there was anything wrong with it and from the messages I have received from this lad (from his user ID I think he’s 16/17 years old and looked like Dad paid from his paypal account) it appears he has ridden it a reasonable amount and it was fine as he kept singing the praises of the frame. Where do I stand now? Now that he has left me positive feedback (15th April 2011) can he still open a dispute via paypal to get the money back? I sold the frame in good faith but I never built it up and rode it, so I don’t know if there is anything wrong with the shock or not.
    Advice greatly appreciated. Thanks.

    nuke
    Full Member

    What has he said is wrong with the shock? How has he concluded it needs a service (Doesn’t cost £150 for a service…£100 tops including P&P)?

    Munqe-chick
    Free Member

    That is all he has said so far, I haven’t replied yet as I wanted to canvas some opinions before I contacted him back, however that is on the list of questions I will be asking him.

    psling
    Free Member

    Did you offer a warranty with it? No?

    It’s unfortunate for him but it would appear that he has had the best part of a month’s use out of it so really has no come back on you whatsoever.

    user-removed
    Free Member

    Was it was sold, ‘as seen’? Did you mention that the shock was un unknown factor? If so, definitely just a polite rebuffal. If you’ve still got the emails in which he sings the frame’s praises, all the better if it comes to a dispute.

    Disputes are a massive PITA though (I must have had six or seven over 700+ transactions). Sometimes it’s better to just cough up and get the troublesome twunts out of your life. Paypal may freeze your paypal account or withdraw the amount paid for the frame whilst they investigate. If you haven’t got any cash in the account, this gives you a negative balance and they are really unpleasant to you when you’re ‘overdrawn’ – constant harrasment to settle the overdue balance.

    So on the whole, perhaps offer £50 to get shot 🙁

    EDIT; I’ve just ahd to refund some newbie £160 because the camera ‘didn’t suit’ him 👿 Like I say, sometimes it’s just easier…

    TandemJeremy
    Free Member

    Tell him if he sends you the shock you will get it dealt with. Or tell him to whistle. A month on and he now decides its knackered? I’d be very dubious

    Junkyard
    Free Member

    A month afterwards I suspect [morally] he has no comeback but no idea how ebay works or the legal position. If it is wear and tear what do you expect with a second hand frame?
    Are they getting it TFTuned at your expense?
    I would empty paypal and stop the DD at the bank side to be sure though
    How much was it was it a cheap price
    let em know you are a copper and know where they live 😉

    godzilla
    Free Member

    He’s trying it on. There is no way you should give him any money, its a used frame and shock..
    Ebay is full of holes and totaly open to this type of fraud, you less rights if it was sold as a “buy it now”

    5thElefant
    Free Member

    If ebay decide in his favour (which they usually do AFAIK) he will have to return the frame (and shock) for a refund. You could call his bluff and just offer a refund.

    Hairychested
    Free Member

    let em know you are a copper and know where they live

    Great idea!

    Junkyard
    Free Member

    can you have an ebay ID if you are under 18? How can the person who did not buy it [but paid for it] start a dispute? Can they do this?

    user-removed
    Free Member

    5th – nooo! Most buggers will just return for a full refund after having used your item FOC for a month. TJ’s suggestion of having him return just the shock is slightly less risky….

    duckman
    Full Member

    Be canny;You run the risk of him making sure that the shock is damaged.Somebody bought a rucksack from me and used it,decided they didn’t like it/didn’t fit so cut one of the straps and claimed it had been sent like that.

    jonk
    Free Member

    What shock is it? Maybe this ‘kid’ is too light for the shock to work correctly and thinks he can wangle you out of some cash so he can get it tuned i’d ask more questions about why he thinks its broken and the characteristics of the broken shock ie: Knocking, leaking, loss of presure, no damping. See what he says then ask him to send the shock for you to let your ‘expert’ friend test it.

    oreetmon
    Free Member

    if you have money you are relying on sitting in you paypal ,, withdraw it now as a precaution.

    i have had a couple of nasty run ins with pay pal recently and i have lost out everytime, it seems that paypal have no morals or common sense.

    take a look at this for more, http://www.aboutpaypal.co.uk

    toys19
    Free Member

    ebay paypal always fall down on the side of the buyer, and if he opens a dispute which may lead to him returning the whole thing, paypal will refund him once he proves that he has returned it. Make sure you cancel all your dd’s and credit cards with paypal…
    In the meantime I would be dead nice andstall as long as possible so that he falls outside the dispute period and hope he doesnt start a dispute (45 days) and then tell him to whistle once this has passed.

    PePPeR
    Full Member

    Be very careful, in your original post you said they paid the full asking price! If this was a Buy It Now type of auction the customers rights are very very different compared to a normal auction.

    http://www.moneysavingexpert.com/shopping/ebay-protection

    There’s a little bit about Buy It Now auctions in there!

    Munqe-chick
    Free Member

    Thanks for those replies, at lot of those are what I have been thinking. However I have heard from somewhere (can’t remember where) that once a buyer has left positive feedback they can’t then bring out a dispute, does anyone know if this is correct? Guess what, ebay isn’t very helpful and it doesn’t say anything either way. I just checked and 11 days ago he sent a message via ebay saying “‘hi thank you so much the frame goes with my parts brilliantly and if you have ever heard of XXX (place name) it handled that great i love it thanks agin NAME”

    The user name is “name94” and he writes like a kid so I’m guessing he’s young but I don’t know that for a fact, but the paypal payment was a from a different first name so I’m assuming his father.

    pepper, not sure BIN offers more him rights, read the article and this stands out

    Use the ‘Buy It Now’ button, rather than a standard auction, to buy from a UK based trader on eBay, and you’ve all the same statutory rights as buying from a shop (see the Consumer Rights article). A trader is someone who makes some or all of their living from regularly selling goods.

    “Buy from a private individual and the law says “let the buyer beware”.

    so it only applies if buying from essentially a full time trader ie. a shop.

    Munqe-chick
    Free Member

    (edit timed out) also occurs to me that he genuinely didnt/doesnt know how to use ebay- when I asked him for feedback he sent me an email saying thanks, I had to explain what feedback meant, so he might not know about disputes (though he’s still got 2 weeks to find out), and if he is getting the shock serviced/tuned/whatever, if he takes out a dispute he’s going to have to return it with the frame? Or am I cynical enough to think that if he returns it he’ll trash it?

    I know if I bought something bust I’d be miffed and I sold it in good faith, but the fact that he’s been riding it for 3 weeks makes me think it was fine when he got it, and whilst I’ve heard ebay usually sides with the buyer the fact he’s sent numerous emails via ebay raving about the bike should undermine him and support me.

    And just to clarify; I bought it here to use and sold it when I discovered it weighed the same as my Reign (wanted something lighter and less travel) I’m not a classifieds/ebay speculator!

    Trailseeker
    Free Member

    Make sure you cancel all your dd’s and credit cards with paypal…

    Mate of mine tried this but PP just made his PP account to a negative balance & asked him to bring it back to zero within 30 days, he refused & they issued court proceedings against him for the ‘debt’
    £330 refund cost him near £500 in the end.

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