Receiving an item that was not as described.

[evol0305]

I won 2 items from a seller in 2 separate auctions at a low price which were sent combined post.The seller obviously disapproved of price paid and sent a similar item not sealed in damaged second hand substandard and not original packaging all of which was listed contrary to this.Before I received my substandard item (the other was of less value and came as described) the item I won was listed again under buy now and not auction.In his first reply to my message he stated I got the item sold and deliberately left out any mention of packaging which isn’t true because te one listed was sealed and the one I got wasn’t and a clear sign of guilt and knowing that messages are stored knew he couldn’t mention packaging.All of these points flouting ebay rules.Too many sellers are getting away with a simple fraud to attract more bidders raising the price that honest buyers regularly get duped into.This practice is against the law because the legally binding contract that all parties enter into on this platform can only be won by the a set of sellers who fraudulently set low start bids that when on the few occasions they don’t profit from the higher number of bidders attracted will not keep to the contract of which they set the limits by if the item at end of auction is at the lower end of the price they set by cancelling the order or sending substandard items.It has happened to me too many times but the last time it happened I was directed by an agent to go through the return procedure which I stated to seller I wouldn’t go to the post office but would come to a part refund agreement because they were at fault by lying.i didn’t want to go through return procedure because these sellers have already tried to rip me off so how can I trust them for a full refund.Also they haven’t gone through the gamble of auction willing to pay a higher price so why after their obvious low standard and fraudulent business ethic should the victim go through the effort of packing and taking to the post office for the seller to get it back at the low auction price to rip someone else off with it.The last time after going through the the return system as directed by agent I got an immediate full refund and didn’t have to send items back.The American agent I just spoke to said this was impossible and ridiculous of me to think I didn’t have to send the item back to get a refund and terminated the conversation.The last time may be due to me declaring that I have bad ankles and couldn’t make it to the PO and that I was willing to accept a part refund but he wouldn’t reply .Does anyone know how I could get the same result of a full refund and keep the goods to save the fraudulent seller from winning again in the same transaction.

[jckl1957]

You can't keep the item and get a full refund.

If you want your money back, you will have to follow the Ebay procedure.

So, start a return case within 30 days.

Return the item using the label supplied by the seller in the time allowed.

If you can't get to the Post Office, you will have to ask somebody to drop it off for you.

Ebay agents have given you the correct advice: without a case and you returning the item, you are not entitled to a refund.

[*guinevere*]

Sorry if I have not understood your issue, that was very hard to read. I

think you have received an item not as described. Is this correct?

You need to open a return no more than 30 days from receipt. 

Use te reason: Wrong item sent, or Does not match description. 

Seller will provide a return label. 

If they don't you escalate to ebay.

When the seller receives it back they get 48 hours to refund. If they don't, escalate again.

[*guinevere*]

To follow up, you cannot get a refund and keep the goods.

I'm not sure why you think the seller would be happy to refund you and not get their goods back.

[evol0305]

Thanks for prompt reply.I did get a full refund without returning before
.You mentioned opening a case ? Could that be the answer if so how.Do you
you agree with the points I’m making because by sending the item that was
sent to rip me off to get a refund at the low price I won it at being
prepared to gamble and paying higher according to auction conditions that
day just seems ridiculous and the fraudulent seller is the only one who
wins from start to finish when and I am being serious that a practice that
is covered by British law should see the man in court.Not laughing at
honest buyers.We are entering into an auction that is governed by the
crook.A bookmaker wouldn’t behave like this simply because the law doesn’t
allow him to.Anyway do you think I could open a case?Would it helpful
otherwise I will be seriously looking at my membership to ebay.

[evol0305]

He wouldn’t be happy just like I wasn’t when he knowingly sent substandard
goods to me when he set a lower than he was willing to accept start bid to
attract more bidders that he usually profits from .Fraudulent gains from
honest buyers.The rare times this illegal trick backfired they either
cancel order or send substandard goods waisting more of my precious time
and don’t forget he has my money in his bank account by deceiving me.Thats
why I think it’s alright to have a refund without lifting one finger for
that parasite.

[jckl1957]

I don't agree with all of your points, no.

Of course the seller should not have sent you the wrong item.

However, if you start a return case (use the link below) the seller has to provide a label for you to return the item. This costs the seller an amount of money.

Then, on receipt of the returned item, they have to refund you in full, including any postage you paid to receive the item.

So, the seller is at a loss financially.

Open a return request

To request a return, select the item you want to send back from your recent purchases above, or use the button below. You can also start a return request from your Purchases in My eBay.

Start a return - opens in new window or tab

[evol0305]

That was really helpful thank you.But it is not necessarily true that the
seller is at a financial loss.But the innocent honest buyer if you remember
has definitely lost a more valuable commodity which is time due to the
fraudulent practices of rogue sellers and potentially at a financial loss
if which the majority of the time their scam works of attracting more
bidders therefore raising the price the honest buyers will have to pay but
not knowing the gamble they are entering by way of auction will not pay the
item listed if won at the lower end of the price set by the seller.In this
circumstance the scam didn’t work but the rogue seller gets the item for a
low price back when not even having to enter into a auction and can relist
at a higher buy now price or try the auction scam again.So no the the man
who tried to steal from me isn’t necessarily going to be at a financial
loss and quite frankly doesn’t deserve any sort of rights which brings me
back to my answer to your first question of why I think I should keep the
item and get a refund for substandard items not as described.Slightly grey
in part but overwhelmingly in the favour of the honest man.The way things
should be.Which at the same time will act as a deterrent to the perpetrator
and others of the same mind.

[tobiasd4]

Some buyers will try to get refund of perfect item without return.

Ebay MBG says you return item via postage label supplied by seller before getting refund.

Seller can choose to refund without return of item if they wish,

Some may do this if low value item.

[evol0305]

Further to my reply I noticed that you state on seller receiving returned item I will receive the refund which is what he wanted all along because of my lucky win.Yet again the rogue seller in control again before I receive the refund which wasn’t the deal I wanted or he set but guess what the villain getting what he wants and don’t tell me the lying criminal who has broken the law and the man I know has 100% broke key ebay rules decides whether or how much refund I get there has to be something wrong there , Isn’t there?

[tobiasd4 · Accepted solution]

If you want a refund through ebay, you have to follow MBG rules.

You can pursue recompense direct from seller, but ebay won't help with that.

[evol0305]

Thank you this seller has just really irritated me and sorry if that shows
none of it is aimed at anyone answering to me whether or not we agree I
might learn something that changes my mind.The only problem is the fact of
the matter that will never change is this seller cancelled about 7 items
all within about half hour at auction he won and I’ve only just realised it
was him who hasn’t given me what he offered to make me enter his auction
and it is because he didn’t get his way but when it works for him us honest
buyers still pay him and he happily accepts but we will never have that
luxury from him providing his payment of the item he listed if it works in
the buyers favour.And he is rude with it and to add to the insult doesn’t
even hide the fact he is mugging us off and he can do this from start to
finish of the transaction cowardly hiding behind his laptop.He’s no better
than someone who mugs vulnerable people in the dark just not even as brave
as those cowards! Sorry rant over I think.

[evol0305]

The refund probably isn’t worth the trouble.Im not denying I won it cheap
at auction this time but I have fell foul of paying more money more times
due to this illegal practice of setting low start bid price to attract more
bidders therefore raising end price paid under false pretences.He’s not
only robbed me but ruined the whole auction experience.I didn’t win
anything.

[evol0305]

Wise words and I appreciate your reply.I am intrigued however and I may learn something new if you could tell me exactly what point you don’t agree with me and why please?