returning defective goods

[tos1964]

Collected and paid cash when bench tested the item it was found to be defective and not as described, contacted the sell who stated that he was selling it for a friend and therfore not his problem I pointed out that this was nowhere on the listing was this mentioned and that the item was post on his ebay account, and I collected it from his home address and I paid him the cash, again he stated that it was not his problem and gave me a phone number for his friend,  have rang this number several times over a span of 4 days no answer.

This person relisted the item after I lodged my complaint with an altered discription and changing from 30 day return to sold as seen no returns  and  immediately cancelled stating that the item was lost or broken

Notified ebay but because it was cash on collection nothing they could do just advide contact the seller  which I did but t

he seller became verbally abusive told me **bleep** and rang off. 

 WHAT DO I DO NEXT.

[tos1964]

The seller described the Item (Marine Diesel Engine ) as Remanufactured, Recondition and in good working order,
as for buyer beware this does not apply gods must be as descried, be it private seller or retail seller.

[rusticrye]

For collection items, the law states 'caveat emptor' (buyer be aware), so Small Claims probably isn't an option as suggested by another responder, regardless of how you pay. You are supposed to fully examine and test a collection item before you hand over cash.  The only exemptions are items which it is impossible to fully test beforehand, such as unplumbed washing-machines.  Your item doesn't appear to fall into that category, but go to the CAB's website for advice, just in case.

Are you saying the seller has relisted the item...? How can they relist an item they don't have...?? That's bonkers. If he's done that thinking it will somehow change the details on your order, he's sadly mistaken. The link on your order will naturally take you to the original listing.

That he sold the item on behalf of a mate is irrelevant. The seller is fully responsible for all the items he lists on his account, regardless of who they belong to.

Frankly, it sounds as if your seller might be a few slates short of a roof...! So if you also sell on this account, add his Ebay ID to your Blocked Bidders List.

@tos1964 

[tos1964]

The seller described the Item (Marine Diesel Engine ) as Remanufactured, Recondition and in good working order,
as for buyer beware this does not apply gods must be as descried, be it private seller or retail seller. difficult to check on the garage floor.

[gindygoo]

Well nothing on eBay, you’ve paid in cash meaning you have zero comeback unless you use the small claims court!

You can start a money claim online after writing snail mail to your seller giving them a ‘letter before action’. You can find templates online!

[*knight-rider*]

`Collected and paid cash`

so i`m at a loss as to why you would go to the trouble of collecting an item and not make sure it was working BEFORE you paid for it?

your probably going to say that you should`nt have to check it as it should be as described, which to a point, is fair comment, but you should never take anyone`s word for anything, because like alot of things in life and on here, descriptions of anything is always subjective and besides, you don`t want to throw away money .

[tos1964]

The item was a Marine Diesel Engine very difficult to test when it is sat on a garage floor.

[red_magpie]

WHAT DO I DO NEXT.

Only learn from the experience, I'm afraid.

There is no buyer protection on eBay if you pay by cash, and no statutory consumer protection when buying from private sellers.

It was listed as being in good running order. If it wasn't, you could theoretically sue the seller, although disputes over the condition of used items are not straightforward - especially in this case. It hadn't been run for 18 months and you accepted the item knowing that proof of the claimed rebuild had been mislaid.

The old adage of "buyer beware" still applies. When buying secondhand from private sellers, you need to check that items are as described. If you couldn't even see it running, you could at least have insisted on paying by Paypal, which would have given you the protection of eBay's money back guarantee. EBay requires sellers to accept Paypal; If they had refused, you could have walked away and reported them to eBay.

[arkwebus]

I assume that the seller is a private seller and - if so - then they are not expected to have any real responsibility for the condition of the item.   EBay's money back guarantee "should" not work and sadly the process referred to as "the small claims court" is unlikely to work either.  

I feel the description of "a few slates short" is probably right particularly as he has relisted it even though you still have it.  

@tos1964 

[john1297576]

How could the seller relist if you have it?

Sold as seen is meaningless, seeing a picture, is not "sold as seen"  as you don't see it until received, and if it is collected then it is up to the buyer to examine carefully before paying. No returns does not over rule the Money Back Guarantee, for NOT AS DESCRIBED, but needs to be paid by Paypal to qualify.

If the seller thinks that by relisting they have it on record that you bought under these ridiculous terms, then he is very wrong, it is the original listing that applies, should you consider any legal action.

[*guinevere*]

Sorry but as you paid cash on collection you have no access to the ebay MBG.

The idea of cash on collection is that you inspect the item thoroughly before parting with your cash, and once the deal is done, that's it.

[tos1964]

the item was a marine diesel engine difficult to test on the garage floor