OT: eBay Help!

[paul.cawley@clara.co.uk]

[ukvac] OT: eBay Help!

Sorry for the O/T.

I sold a guy a C64 and tape deck, I actually tested it working before it left here, now he has it and says it does not work...

Now I *know* it left here working, so I said no to a refund, the latest email I have is this:

'unfortunatly you cannot make up your own terms and conditions and you have to abide with the terms and conditions set out by e bay them selves.i have entered into a contract to buy goods from you but if they are not working then it is a requirement legally that you refund me under the sale of goods act.i have no proof that the machine was working when it left and i feel i cannot take your word for it.please forward your address so i can send it back to you for a full refund.if you dont then i will inform e-bay and they will deal with you.thankyou'

I am pretty sure I am in the right, but what other experience do you guys have of being at either end of an (alledgedly) non-working item?

Please advise!
Cheers,
Paul

 

[teambemani]

RE: [ukvac] OT: eBay Help!

Is the original listing still up? I can give it a check and let you know how
you stand according to UK law...

Kindest regards,
Brian

 

[andrewhannay]

RE: [ukvac] OT: eBay Help!

In these situations it always helps to see how you would feel if the tables
were turned.
By the sounds of it the machine has been damaged in transit (IC might have
come loose). The buyer wanted it working hence why he bid on your item as he
probably has no idea and no interest on how to fix it. Now, I know you might
have said something about it not being your fault if it doesn't work on
arrival but I really don't think that's the way we should trade on ebay.
I bought a DVD on ebay that played OK but the center hole was all cracked
and chipped and I got a full refund including the postage costs. As a result
I gave the guy positive feedback with no mention of the problems.
I'm afraid if I were in your shoes I would give the chap two options. I
would either offer him some major discount (lets face it you won't lose any
money on it really, it'll be just like you sold it at a lower price) or take
the unit back and refund him the full amount including the return postage
costs and put it down to bad luck.
But that's me, I'm a bit too keen on pleasing my buyers.
Andrew

 

[galaxip79]

Re: [ukvac] OT: eBay Help!

>
> Sorry for the O/T.
>
> I sold a guy a C64 and tape deck, I actually tested it working before it left here, now he has it and says it does not work...

> Now I *know* it left here working, so I said no to a refund, the latest email I have is this:
>
> 'unfortunatly you cannot make up your own terms and conditions and you have to abide with the terms and conditions set out by e bay them selves.i have entered into a contract to buy goods from you but if they are not working then it is a requirement legally that you refund me under the sale of goods act.i have no proof that the machine was working when it left and i feel i cannot take your word for it.please forward your address so i can send it back to you for a full refund.if you dont then i will inform e-bay and they will deal with you.thankyou'

>
> I am pretty sure I am in the right, but what other experience do you guys have of being at either end of an (alledgedly) non-working item?

> Please advise!
> Cheers,
> Paul
>

Well I'd suggest to them that they themselves have broken the item, and
I'd explain the sale of good act doesn't apply as this is used,
third/fourth/fifth hand goods witn no form of warranty or gurantee.

Suggest as he can't take your word that it was working, then you
cannot accept he is not a competent person and therefore have
likely broken the equipment himself.

In any case, in future, I'd make sure you state there's no form of
warranty/guaranteed implied.
--
_ _ _a' /( <. # Gaz Wilson, aka DragonLord
/_/ _ _/ / ` / _ ~~ _} ( _ ) # E-Mail: dragon@nightwolf.org.uk
/ /_'/_/ /_, / /_||/|/ (,_(,)' # Info: http://www.dragons.org.uk
Catch me with the Dragons. ._>, _>, # Chat: http://www.redclaw.org.uk/

 

[LukeWells]

Re: [ukvac] OT: eBay Help!

> Now, I know you might
> have said something about it not being your fault if it doesn't work on
> arrival but I really don't think that's the way we should trade on ebay.

Hmmmm, now I don't like you saying that because decent sellers need to
protect themselves from ebay idiots. Especially with things like Jamma
boards, which are uncased. Unless you know what you are doing, its so easy
to break them, and then the seller blame you and demand his money back.

What do you do when you sell a Rainbow Islands at £300 (only using that as
an example of a recently silly high price pcb) and the muppet plugs the edge
connector on upside down, or offset by 1 pin and frys it, do you say "oh
sorry, here is a full refund inc postage" and take a huge loss for something
they have done or do you stick to your "bought as seen, if you want to see
it working then come and collect it" terms ?????

Kind Regards

Luke

 

[andrewhannay]

RE: [ukvac] OT: eBay Help!

Yeah, I dig what your saying, I'm too scared to sell or buy any working
Arcade PCBs for that reason but how can you connect up a C64 incorrectly.
I would check the guys feedback, this could be a one off genuine case.
This is a difficult one I admit and I'm glad it's not me.
Andrew

 

[G-man]

RE: [ukvac] OT: eBay Help!

>how can you connect up a C64 incorrectly.

If you touch the pins from the power connector to the joystick connector
you'll knacker it in short order. Since they are so close, it's easily
done.

 

[andrewhannay]

RE: [ukvac] OT: eBay Help!

OK fair enough.
I seem to think when I was a kid and had a C64 the power connector was just
2 big holes on a massive black connector or was that my VIC-20?
Funnily enough, I've just bought a C-64 from ebay but it's a non-worker to
start with so I'm not expecting it to work.
Andrew

 

[G-man]

RE: [ukvac] OT: eBay Help!

>OK fair enough.
>I seem to think when I was a kid and had a C64 the power connector was just
>2 big holes on a massive black connector or was that my VIC-20?

Not sure if it was the VIC, but the C64 power connector is a DIN plug with
(IIRC) 5 or 6 pins for power/gnd etc.

 

[andrewhannay]

RE: [ukvac] OT: eBay Help!

Must have been my VIC.

 

[Zektor]

RE: [ukvac] Re: OT: eBay Help!

Get him to send it back to you insured and then say it was damaged in
transit, then claim the insurance to cover both costs!

 

[Guests]

[ukvac] Re: OT: eBay Help!

> I sold a guy a C64 and tape deck, I actually tested it working before
it left here, now he has it and says it does not work...

If the machine was returned to you, would you know that it was the same
one with the same psu that you sent ?

I can imagine some naughty ebayers trying on stunts like this - This
goes on in shops all the time apparently.

Cheers, Col

 

[LukeWells]

Re: [ukvac] Re: OT: eBay Help!

A little tip for selling pcb's on ebay is to sign the back of a socketed
chip like an eprom or the cpu. Then if someone does try and send you a
different board back you know.

> If the machine was returned to you, would you know that it was the same
> one with the same psu that you sent ?
>
> I can imagine some naughty ebayers trying on stunts like this - This
> goes on in shops all the time apparently.
>

 

[paul.cawley@clara.co.uk]

Re: [ukvac] OT: eBay Help!

Guys,
He has now filed a claim under PayPal stating 'that the item never arrived.' - regardless of the fact that I know the item worked.

How can he claim he does not trust me, then file a claim under a factually incorrect heading as he has most certainly received the item.

Checking back on the eBay pages, I did not make any reference to a warranty or guarantee of any sort, however the item is listed as used, so from what was said regarding 2nd hand items not being covered by the sale of goods act, surely I am OK?

Links for auctions below...

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=8177513424&ssPageName=ADME:B:EOAS:UK:3

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=8177514328&ssPageName=ADME:B:EOAS:UK:3

Cheers,
Paul

 

[galaxip79]

Re: [ukvac] OT: eBay Help!

Sounds like the guy is deffo trying a con job, by whatever means he can

I think you may be about to experience the very thing I did which made me
stop accepting PayPal - in my case and American claimed the items were not
as described and promptly did a CC reversal, which immediately meant I
got a -600 quid entry in my PayPal account - and PP did fuck all to help
me.

>
> Guys,
> He has now filed a claim under PayPal stating 'that the item never arrived.' - regardless of the fact that I know the item worked.

> How can he claim he does not trust me, then file a claim under a factually incorrect heading as he has most certainly received the item.

> Checking back on the eBay pages, I did not make any reference to a warranty or guarantee of any sort, however the item is listed as used, so from what was said regarding 2nd hand items not being covered by the sale of goods act, surely I am OK?

>
> Links for auctions below...
>
> http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=8177513424&ssPageName=ADME:B:EOAS:UK:3
>
> http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=8177514328&ssPageName=ADME:B:EOAS:UK:3
>
> Cheers,
> Paul
>
>
>

 

[guddler]

Re: [ukvac] OT: eBay Help!

So send paypal a copy of the emails he's been sending you saying that
it arrived and didn't work. Kinda disproves the fact it didn't arrive
doesn't it?

On 4/21/05, Gaz Wilson <dragon@linux2.nccnet.co.uk> wrote:
>
>
> Sounds like the guy is deffo trying a con job, by whatever means he can
>
> I think you may be about to experience the very thing I did which made me
> stop accepting PayPal - in my case and American claimed the items were not
> as described and promptly did a CC reversal, which immediately meant I
> got a -600 quid entry in my PayPal account - and PP did fuck all to help
> me.
>
>
>
> >
> > Guys,
> > He has now filed a claim under PayPal stating 'that the item never
> arrived.' - regardless of the fact that I know the item worked.
> > How can he claim he does not trust me, then file a claim under a
> factually incorrect heading as he has most certainly received the item.
> > Checking back on the eBay pages, I did not make any reference to a
> warranty or guarantee of any sort, however the item is listed as used, so
> from what was said regarding 2nd hand items not being covered by the sale of
> goods act, surely I am OK?
> >
> > Links for auctions below...
> >
> >
> http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=8177513424&ssPageName=ADME:B:EOAS:UK:3
> >
> >
> http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=8177514328&ssPageName=ADME:B:EOAS:UK:3
> >
> > Cheers,
> > Paul
> >
> >
> >

 

[MikeDX]

Re: [ukvac] OT: eBay Help!

totally agree

thats why i *ALWAYS* send stuff special delivery via royal mail so
that I get a very solid and legal proof of postage and a signature for
delivery.

If he files a complaint with paypal you have so many days to disprove
him, and so just send those emails off.. hes trying to pull a fast
one.

Then go round and kill him

I'M JOKING OBVIOUSLY ABOUT THAT LAST LINE

On 4/21/05, Guddler <guddler@gmail.com> wrote:
>
> So send paypal a copy of the emails he's been sending you saying that
> it arrived and didn't work. Kinda disproves the fact it didn't arrive
> doesn't it?
>
> On 4/21/05, Gaz Wilson <dragon@linux2.nccnet.co.uk> wrote:
> >
> >
> > Sounds like the guy is deffo trying a con job, by whatever means he can
> >
> > I think you may be about to experience the very thing I did which made me
> > stop accepting PayPal - in my case and American claimed the items were not
> > as described and promptly did a CC reversal, which immediately meant I
> > got a -600 quid entry in my PayPal account - and PP did fuck all to help
> > me.
> >
> >
> >
> > >
> > > Guys,
> > > He has now filed a claim under PayPal stating 'that the item never
> > arrived.' - regardless of the fact that I know the item worked.
> > > How can he claim he does not trust me, then file a claim under a
> > factually incorrect heading as he has most certainly received the item.
> > > Checking back on the eBay pages, I did not make any reference to a
> > warranty or guarantee of any sort, however the item is listed as used, so
> > from what was said regarding 2nd hand items not being covered by the sale of
> > goods act, surely I am OK?
> > >
> > > Links for auctions below...
> > >
> > >
> > http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=8177513424&ssPageName=ADME:B:EOAS:UK:3
> > >
> > >
> > http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=8177514328&ssPageName=ADME:B:EOAS:UK:3
> > >
> > > Cheers,
> > > Paul
> > >
> > >
> > >

 

[teambemani]

RE: [ukvac] OT: eBay Help!

You are covered by UK law. The sale of goods act exempts 2nd hand items. If
he claims money off you, you have every right to claim it back through legal
channels. Noticed your postage/payment details stated "I will not refund any
items that have not been sent Recorded or Special Delivery." If it wasn't
sent by those methods, point that out to eBay, PayPal and the nonce who's
being all shitty about it. If it was send recorded or special delivery, then
under law of contract you would need to provide a refund. Also, you might
want to point out to the buyer that the auction never stated that the unit
works, just in 'excellent condition'... Food for thought.

 

[MikeDX]

Re: [ukvac] OT: eBay Help!

Good words Brian

in this case though all paypal will care about is proof of postage (at
this point) and as the buyer is stating it "doesnt work" it will
become fairly obvious fairly quickly (even to the pc-world-like staff
that work for paypal) that hes trying to pull a stunt.

I say let him try, then do him back twice as hard.

On 4/21/05, Brian Milton <random@hajile.freeserve.co.uk> wrote:
>
> You are covered by UK law. The sale of goods act exempts 2nd hand items. If
> he claims money off you, you have every right to claim it back through legal
> channels. Noticed your postage/payment details stated "I will not refund any
> items that have not been sent Recorded or Special Delivery." If it wasn't
> sent by those methods, point that out to eBay, PayPal and the nonce who's
> being all shitty about it. If it was send recorded or special delivery, then
> under law of contract you would need to provide a refund. Also, you might
> want to point out to the buyer that the auction never stated that the unit
> works, just in 'excellent condition'... Food for thought.
>
>

 

[Alpha1]

Re: [ukvac] OT: eBay Help!

I like your last line the best. Sounds like a great idea