Wrongly described items and refusal to accept a return.

I purchased a set of brake calipers for my 2003 Jaguar XKR, as the items for sale were labelled as 'BREMBO BRAKE SET UPGRADE - Jaguar XK8 XKR XJ8 XJR 1996-2006. 

Also, they were sold as being in "Mint Condition".

The caliper was therefore purchased and paid for immediately.  £400 + £40 P&P  costs.

 

I could write pages on this saga, but instead, I'll try to keep it short as possible .......

 

- The seller informed me that they would be posted the next day.

- Two days later, I had to remind him that they should be with me by now, his reply "Sorry mate, I've been busy"  ...... Hmmm, warning bells started to ring.

-When they do finally arrive, the contents inside the box 'rattles' !!

-Once the box was opened, there was absolutely no packaging at all, with scratches and marks everywhere on the calipers, so I took pictures and contacted the seller, not only about the damage encurred to 3 of the 4 calipers, but why he charged me £40 P&P costs, when the postage label showed an actual cost of £10.15.

- His feeble excuse was that he had sold them to a previous buyer, who had sent them back to him and he was so stupid, that he didn't even bother to check the contents of the box, but instead, sold them to me and posted them 'as they were'.

-He did apologise and admitted that it was his fault for not opening the box and checking before sending them to me.

- Regarding the postal charges, he  said that he couldn't be bothered  to walk them to the Post Office, so he had the Post Office collect them from his house, and charged him extra for that service, so passed the costs onto me. I did ask to see the Post Office receipt for the full costs, so I could see for myself, but he had conveniently 'lost the receipt'.

- I contacted a local specialist (who is a friend) and asked how much it would cost, to have the calipers re-sprayed, if I were to do all the work and strip them down in readiness for spraying. The cost would be £200 'mates rates'.

- I contaced the seller saying that I was prepared to go halves on the re-spraying costs, with me puting in all the time and effort in stripping them down, but I wanted a refund on the 'over charged' P&P charges, so requested a refund of £129.15, to which he moaned about me being 'passive agressive' and stealing money from him.

-After me telling him that it was all his fault completely, for not checking them first and also over-charging me for the P&P costs; this took over 3 days and many to-and-fro messages, he finally offered me a £70 refund (£40 for the spraying of one caliper and £30 for the P&P excess charges).

-I gave it some thought and being a bit of a 'soft touch' I told him that I would accept £50 (for spraying one caliper) and his £30 P&P excess charges.

-He agreed to this, saying that it was a very fair amount, that was after him accusing me of all kinds of things and severely complaining about the amount, after me requesting a  £129.15 refund ..... Very strange .... More warning bells ringing.

- He then told me that he didn't have any money and could I wait until he sold something else, before he sent the refund, I stupidly agreed.

-When I remind him that the late repayment of the refund was overdue, he pleaded that he needed another week, unti he's paid, again, I stupidly agreed, thinking that even after the wait for the refund and the 

refurbishing costs, I still had a reasonably priced set of Brembo brake calipers for my Jaguar.

-In the meantime, I took the calipers to my friend's workshop, to discuss the strip down procedures and spraying them, for the refurbishment process.

-At this point, he takes a good look at the calipers and informs me that they are actually for Jaguar S-Type R and a Jaguar XJR, will 100% not fit my Jaguar XKR.

-So I contact the seller and told him that he's sold me something that's been wrongly described and mis-sold, so would be opening a request to be fully refunded.

-I did open a request with ebay, but two days later, the request was closed by someone, I assume by the seller, and I am now in a position where I'm now out of pocket by £440, stuck with 4 bits of aluminium that won't fit may Jaguar and can't get a refund.

-I've since contacted the seller, saying that I've been extremely patient with him and given him the benefit of the doubt so many times ...... As expected, no reply.

-As a result of this, I've had no option but to give him a very negative feedback, explaining all the reasons why.

 

Any suggestions anyone ....... ?

 

 

 

 

Message 1 of 23
See Most Recent
22 REPLIES 22

Wrongly described items and refusal to accept a return.

*vyolla*
Experienced Mentor

Providing you purchased these within the past 30 days and opened an eBay not as described return, there is no reason why your return case should have closed.

 

Do you know the reason?

Message 2 of 23
See Most Recent

Wrongly described items and refusal to accept a return.

You received an item not as described so you either opened this case too late you had 30 days from the item's last estimated date for delivery to do so,  or you opened a straight return,  and that is why the case closed.

 

Opening a case for item not as described within that timeline , the seller cannot refuse this, and if they don't escalate in 3 days , you needed to escalate the case,   and eBay step in,  and force the refund.

 

As the case has been closed,  you cannot open another for the same item with eBay.

 

Did you pay with PayPal?  Open a claim for item not as described there,  and escalate after 2 days and before 20 for a refund.

 

If PP wasn't used,  turn to your payment provider now for help with your refund.

Message 3 of 23
See Most Recent

Wrongly described items and refusal to accept a return.

I've been given absolutely no reason at all, just the ebay message "This return is closed".

I have of course contacted the seller, asking him if he closed the return, but no reply.

 

The calipers were purchased on January 2nd. So 22 days ago.

Message 4 of 23
See Most Recent

Wrongly described items and refusal to accept a return.

A seller can't close a not as described return, they can only decline it if the reason for the return is 'doesn't fit' or 'change of mind'.

 

What reason did you select?

Message 5 of 23
See Most Recent

Wrongly described items and refusal to accept a return.

It looks like the return request has been closed for no reason at all, as it was well within the 30 days.

It was paid for on January 2nd and was delivered on January 8th.

 

I paid via cedit card but unfortunately section 75 of the consumer laws, don't apply if the item were paid for via a 3rd party.

 

I'm basically, completely stuffed ......

Message 6 of 23
See Most Recent

Wrongly described items and refusal to accept a return.

As suggested by @*vyolla* and @tressygirl , you may have opened a return for the 'wrong' reason.

You state that the seller said the items would not fit your car.

Did you give the reason for retiun as 'does not fit'?

That is counted as a change of mind return, which is fine if you have bought a blouse and it's too tight because you didn't read the measurements, but is bad news if you have bought a car part.

You can still try your payment provider.  You need to start a chargeback with your credit card company on the grounds that you bought items online which were not as described.

"There are two ways to be fooled. One is to believe what isn't true; the other is to refuse to believe what is true.”
Søren Kierkegaard, Danish philosopher (1813 - 1855)
Message 7 of 23
See Most Recent

Wrongly described items and refusal to accept a return.


@senny-driver wrote:

 

I paid via cedit card but unfortunately section 75 of the consumer laws, don't apply if the item were paid for via a 3rd party.

 


Has your card provider actually told you this?

Message 8 of 23
See Most Recent

Wrongly described items and refusal to accept a return.

Can you contact eBay and find out the exact reason why your return was closed, and then let us know please.

 

I’ve found that the quickest way to contact eBay Customer Services is via the link below.

 

You should then see the Chat With Us or Have Us Call You options appear:

 

https://www.ebay.co.uk/help/eua?id=5275&mkevt=1&mkpid

Message 9 of 23
See Most Recent

Wrongly described items and refusal to accept a return.

Yes, my fault completely, as when I returned from my friends workshop, after realising that they 'didn't fit' and put that down as the reason ...... Doh!!

You live and learn .....

Message 10 of 23
See Most Recent

Wrongly described items and refusal to accept a return.

I've just filled a credt card, section 75, on-line form and are now waiting to see what the outcome is.

I'm not expecting much, but let's see eh.

Message 11 of 23
See Most Recent

Wrongly described items and refusal to accept a return.

Thank you for the link.

I was able to speak to an ebay rep and they informed me that it was because I put the wrong reason.

I should have put 'not as per the description', whereas I put 'did not fit'.

 

You live and learn .....

Message 12 of 23
See Most Recent

Wrongly described items and refusal to accept a return.

Unfortunately I didn't use PayPal but paid with my credit card.

I have since filled out a credit card, section 75 claim form ...... Let's see.

 

Message 13 of 23
See Most Recent

Wrongly described items and refusal to accept a return.


@senny-driver wrote:

Thank you for the link.

I was able to speak to an ebay rep and they informed me that it was because I put the wrong reason.

I should have put 'not as per the description', whereas I put 'did not fit'.

 

You live and learn .....


Okay, so you've burnt that bridge, and the Section 75 one if you routed your credit card payment via PayPal, but you're still left with the option to make a claim under PayPal's Buyer Protection.

Message 14 of 23
See Most Recent

Wrongly described items and refusal to accept a return.

There might be a mix up in comminication ....... Sorry.

I paid ebay directly via my credit dard, I didn't use PayPal at all for the transaction.

Message 15 of 23
See Most Recent

Wrongly described items and refusal to accept a return.


@senny-driver wrote:

There might be a mix up in comminication ....... Sorry.

I paid ebay directly via my credit dard, I didn't use PayPal at all for the transaction.


That's brilliant, you can issue a Section 75 then. 

Message 16 of 23
See Most Recent

Wrongly described items and refusal to accept a return.

Let's hope so, as I've already filled in all the on-line forms, to lodge a section 75 claim back.

Message 17 of 23
See Most Recent

Wrongly described items and refusal to accept a return.

Well, after sending my section 75 request paperwork and the screen shot of 38 ..... Yes, 38 to-and-fro messages between the seller and myself,  I receieved a letter from my credit card company today and they have agreed with my argument and have awared me the case, so I've been refunded the full £440 cost & P&P charges, for the caliper set purchase 🙂 

 

The seller really didn't do himself any favours, as his replies to me were so imcriminating, that it was a simple but time consuming process of 'mating together' my questions and his replies, in a logical and chronological order and attaching them to the section 75 form, to show that it was his incompetance that was his downfall and completely his fault. 

 

I assume that they [ebay] will now chase the seller for the money he owes them and if he doesn't pay up, they will close his account?

 

Anyway, I'd like to thank everybody that helped me on this persuit of justice and guided me in the correct direction ......... Thank you 🙂

Message 18 of 23
See Most Recent

Wrongly described items and refusal to accept a return.

Good result and yes, eBay will now go after the seller for the money.

 

Assuming you still have the items you might want to send one last message to the seller offering them back to the seller if he arranges postage.

 

I don't know the legal position regarding ownership of goods where a crefit card claim gets you a refund without returning the goods and it's possible the seller might try a civil claim to get their goods back.  Offering them back pre-empts that.

 

@*vyolla* do you know whether a claim by the seller would go anywhere?

Message 19 of 23
See Most Recent

Wrongly described items and refusal to accept a return.

@senny-driver 

 

That's excellent news, and thanks for updating us.

Message 20 of 23
See Most Recent

Wrongly described items and refusal to accept a return.


@papso22 wrote:

 

 

I don't know the legal position regarding ownership of goods where a crefit card claim gets you a refund without returning the goods and it's possible the seller might try a civil claim to get their goods back.  Offering them back pre-empts that.

 

Do you know whether a claim by the seller would go anywhere?


I would always recommend making the items available for collection for the seller, so in this scenario I'd send them an eBay message (though an email would be better if @senny-driver  has a direct email address for the seller) simply stating that now they've received a refund, if the seller would like his items back they'll be happy to return them if they want to get in touch to arrange collection, send a return postage label or send the cost of the return postage. 

 

It's always about appearing to be reasonable.

Message 21 of 23
See Most Recent

Wrongly described items and refusal to accept a return.

Once again, thank you for the advise ....

I have contacted the seller, via the e-bay messaging system as I don't have a direct e-mail address, plus the messaging system is logged and fully visible to e-bay, which I do actually prefer.

 

I have offered to send them back, as per vyolla's suggestion ....... Thank you ...... 🙂

I've told him that once I've seen that the full amount has been credited back into my account, I'll start the ball rolling but in a way as suggested; he will have to action the fully paid for return postage label, arrange a mutually agreed collection time & date and keep me fully updated as to the courier's whereabouts, in case of delays etc.

 

I'll let you know what he has to say, but  considering how 'bone idle' he was [is], I think that arranging all the above is going to be way too much trouble for him.

Anyway, let's await and see .....

Message 22 of 23
See Most Recent

Wrongly described items and refusal to accept a return.

I've been out of the country for a while, so not able to keep up with things, but basically after contacting the seller in mid February, I've heard absolutely nothing at all ...... I didn't even return home to find a brick or two thrown through the windows.

I assume that now having been 6 weeks since I offered to send the caliper set back to him and not having received a reply or even an contact at all, the calipers are now mine, to do what I want with ?

 

Once again. many thanks to everone who has helped me along the way, with this problem and it's sulution.

 

 

Message 23 of 23
See Most Recent