Purchased a item which was falsely advertised

[pee8809]

I recently purchased an item which was listed for my Vehicle and also stated the part number.

I purchased and received the item and found upon receiving the item is is the wrong part and not the one listed. I had contact the owner to say it was not the advertised part/item and he said he was told it would fit but unsure! I opened a case with ebay for refund and they had closed the case. How do I take action as Ebay are not helping at all? 

[plpmr]

When did you received the item and what type of case did you open?

[*vyolla*]

If you selected 'Doesn't fit' as the reason for the return then that's seen as a change of mind purchase and the seller may decline it.

You needed to select 'Received wrong item'.

I'd usually recommend issuing a not as described chargeback now via your card provider, but if you've already opened what is considered a change of mind return and your card provider is aware of this it may backfire. What's the value of the item?

[pee8809]

I sent message to seller once received and he said he was unsure it was the correct part number. He also stated he does not know much about the item but still advertised this item as the correct fitment and part number for my car. Value was £310 GBP so not a small amount of money.

Unfortunately when I asked for refund via Ebay the reason was it did not fit so I guess I should of said something else.

[pee8809]

It was more of a refund case which I described it did not fit and was declined by the seller.

I have messages from the seller before I requested refund stating that he thought it was the right part number as advertised and was mislead it did fit. He did state also in message let me know if it did fit as he stated he was unsure what part this actually was for.

[*vyolla*]

Okay, how did you fund the payment?

[pee8809]

It was Ebay bank transfer from debit card.

[red_magpie]

It was Ebay bank transfer from debit card.

I would contact your card issuer about a chargeback.

eBay gets away with utterly unjustifiable interpretations of its own rules because eBay's money back guarantee is unregulated. So unlike PayPal or any credit or debit card issuer there is no right to any independent appeal against eBay's decisions.

Classing any item that "does not fit" as a change of mind return is a common example. This was introduced to prevent buyers from returning correctly described clothing because it did not fit the buyer. However, to apply it to motor vehicle spare parts that do not fit the vehicle they were described as fitting is simply absurd. (Another example is treating attempted delivery as being successfully delivered, when it hasn't been!)

Unfortunately a debit card doesn't provide protection under the consumer credit act as a credit card does, but I think the circumstances should more than justify your card issuer in issuing a chargeback. You can take some satisfaction in that, if it succeeds, your unreasonable seller will not only have to repay your full payment, but also pay eBay's admin costs in answering the chargeback!