Bought an electrical item which has stopped working .

[markw9534]

Bought a fan  heater 6 months ago and it has stopped getting hot , suspect heating element has failed ,

Have sent two  messages to seller to rectify problem but they are not answring.

Can anyone help with what I should do next?

Thanks in advance.

[rusticrye]

Ebay's Money Back Guarantee, along with PayPal's Buyer Protection, can legally only cover items which you can see are damaged, faulty, or not as described on receipt.  So items must be returned in the exact condition in which they were received. Ebay and PayPal (or any payment processor) cannot possibly assist with items which you report as problematic further down the line, as they can have no idea who is at fault - you for misusing the item, or the seller for supplying substandard goods.  Only a judge can make such a decision.

But Ebay's MBG and PayPal's Buyer Protection are generous extras to your consumer rights - they don't replace them.  If the seller is a UK business seller, go to the CAB's website to learn what to do ('before action' letter by Signed For post, followed by Small Claims court if necessary) just as you would when dealing with an unhelpful retailer in your local mall.

If the seller is not in the UK, or is simply a private individual clearing out his home of no-longer-wanted possessions, there is nothing you can do, I'm afraid.

@markw9534 

[john1297576]

There is nothing that ebay or paypal can do there guarantees only applies to condition on arrival.

This is a warranty problem and as usual sellers do not want to know. Any warranty given by a seller on ebay is only as good as your ability to enforce it.

You can consult Citizens Advice or try Trading Standards, but if it is a Private Seller or outside the UK there is nothing you can do.

[red_magpie]

EBay's money back guarantee only lasts for 30 days. Paypal's buyer protection policy lasts longer, 180 days, but only covers the condition of items on delivery, not faults that occur in use. Neither will get involved in warranties.

Any responsibility now rests with the seller. If they're a UK business seller, in theory you should have the same statutory consumer rights as if you bought it from a shop.

Unfortunately, having consumer rights means nothing unless you can enforce them, which is often difficult or impossible against distant eBay sellers. Even manufacturers' warranties are liable to be invalid for items bought here.

If no success with the seller, you can consult trading standards or citizens advice, or if worthwhile consider using the small claims court or the Courts and Tribunals internet based money claim service, see: https://www.moneyclaim.gov.uk/web/mcol/welcome.

It the seller is a private seller, or abroad, there's nothing you can do.

Good luck, but buying from distant, unknown sellers on eBay isn't like the shops.