bought a tv off ebay now seller threatening to take me to small claims court

[michaelmha]

hi bought a tv off ebay for £60 tv was delivered opened the package no stand told the seller there was no stand as listed with the tv and it was no good to me seller said they stuck the stand to the outside of the package i said it must of come off in transit seller wanted me to get in touch with the delivery company i said you sent it it is up to you to get in touch with the delivery company after many messages in the end i asked for a refund the reply was no you accepted the delivery so that is your fault i said it is not my fault if you stuck the stand to the outside of the package and it has come off so i asked for an address to send the tv back and said i would pay the postage but they would not give me there address so i said i would open a case with ebay they said yes let ebay decide i won the case and got a refund and ebay said i do not have to do anything else it is up to the seller to get in touch for a return they did and asked me to return it but they will not give me there address so i said if you will not give me your address you will have to collect it or send a courier to pick it up they are now threatening me with the small claims court for a new tv and defamatory feedback i said if i have to go to court i will at the end of the day i have gone by ebay rules if they wont give me there address what can i do i have told ebay who told me to block them any advice would be welcome

[john1297576]

All you needed to do was open a NOT AS DESCRIBED CASE, seller would have to provide and pay for return label and on return refund in full.

If not you just escalate to ebay after 3 days.

This is all explained in the MONEY BACK GUARANTEE, on every listing, right hand side.  Obviously neither you or seller have read or understood the rules.

[papso22]

I think they did that and the seller left it to ebay who refunded the buyer with the seller's money and told them to keep the TV.

@michaelmha you have done everything right, including making the TV available for the seller to collect or provide postage for.  Keep all that evidence, and the TV, and in the very unlikely event the seller does take it further, you will win.

[michaelmha]

ok thanks

[michaelmha]

hi i have already  done this and won the case  

[michaelmha]

ok thanks for your advice

[red_magpie]

i won the case and got a refund and ebay said i do not have to do anything else it is up to the seller to get in touch for a return

You have nothing to fear from ill-informed threats to take you to the small claims court.

In accepting eBay's user agreement both you and the seller gave eBay the power to decide disputes between members - and to accept their decisions. This includes eBay's decision whether the seller has to refund the buyer, and whether the item has to be returned.

When an item is not as described eBay enables the seller to send the buyer a prepaid return label if they want it back. If they don't, eBay's will enforce a refund without the item being returned.

Although you were not required to return it you have kindly offered to do so. If your seller wants it back it's up to them to arrange for collection, or send you the cost or return p&p.