Buyer Got Full Refund But Won't Return £230 Laptop - Any Solutions?

[kawa_manmi]

Hello Everyone, 

I sold a laptop with a damaged screen (clearly described, no returns policy). Two weeks later, buyer requested return (they claimed it was not same as described) and threatened to open case unless I gave 50% refund.

Buyer opened a case. The same day, I reported it to eBay with my clarification explaining the item was exactly as described. I thought eBay would investigate before deciding, but when their deadline passed, they just issued a full refund without any investigation or waiting for the item to be returned.

Now the buyer has both the laptop and the money.

I've contacted eBay multiple times - they just say "contact the buyer." I've sent 10+ messages and a prepaid return label over 2 weeks - buyer ignores everything.

Questions:

- Can eBay force the return since they issued the refund?

- Has anyone recovered an item in this situation?

Any advice appreciated.

[tressygirl]

Now that eBay have stepped in and issued the refund you can appeal the decision for that refund. This link explains the process.

https://www.ebay.co.uk/help/selling/managing-returns-refunds/appeal-outcome-case-seller?id=4369

Contact Customer Services first thing when lines open for ' live agents' 9 a.m. today and 8 a.m. on weekends, as there's more chance of Dublin answering,  only speak to them.  It's a Call Back option so you'll hear if it's the dulcet tones of the Emerald Isles.

This is the best and easiest way to contact CS.

https://www.ebay.co.uk/help/eua?id=5275&mkevt=1&mkpid

@kawa_manmi 

[*vyolla*]

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@kawa_manmi wrote:

Questions:

- Can eBay force the return since they issued the refund? 

- Has anyone recovered an item in this situation?

Any advice appreciated.

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It's not a great idea to refuse a return for an item that the buyer is claiming that's not as described, because this is the outcome.

Now that the refund has been made eBay will not get involved with trying to get your laptop back, this is now between you and your buyer.

All you can do is to appeal eBay's decision as advised by @tressygirl , but it's not one they usually reverse. 

Best to contact your buyer and let them know that now they've been refunded arrangements need to be made to send the laptop back. You can buy a postage/courier label online and send it to them attached to an eBay message or email, but arrangements need to be made with the buyer and they obviously need to be compliant. If they ignore you, you might want to try sending them a letter before action, though this would just be a bluff.

[kawa_manmi]

Thank you for your explanation.

I contacted eBay a couple of times by phone and sent several emails.
Basically, they re-explained the situation and advised me to keep trying to reach out to the buyer.

But the buyer is not responding to my messages, and I have already sent them a prepaid return postage label.

Any many thanks for your reply.

[kawa_manmi]

Many thanks for your reply.

Yes, you are right. I appealed the decision, but the outcome did not change.

All I was asking is for eBay to step in and ask the buyer to return the item.

Thanks again for your reply

[kyanyama]

The others have advised how best to deal with INAD and one advised to send a Letter before Action.  You can look it up on 'Goggle' as it depends where you live in the UK as laws are different in England, Scotland and Wales.

If your buyer does not return your item send them a Letter before Action, it might just boost them to return your item.  Then perhaps consider Small Claims Court if they don't - last time I checked was around £30 but that was some time ago.  It's a hassle and time consuming but depends on how much you want to fight your corner to get your money or laptop back.

I have seldom won an IND - I just accept the return (some don't some do) despite usually have 24 photos and full description.  But it's a really quick process - eBay only gives sellers 3 business days to sort it!  It's a non-level playing field!

[the-nutwood-collection]

It's £35 to file a claim for an item <£300.  It's a straightforward process, and it might jolt the buyer into sending the item back.  

As @kyanyama says, it depends on how much you want to fight your corner.  I would, but that's just me.

It does depend on what eBay wrote in the email when they advised the buyer of the refund.  If the email says something along the lines of 'You don't have to send it back, it's your as a gift' then you may be on a sticky wicket.

However, as other sellers have advised - ALWAYS respond to an INAD immediately, and I'll add to that - NEVER refund until you've received the item.

Also, make sure you block the buyer.

[kawa_manmi]

Many thanks for your advice @the-nutwood-collection 

I appreciate your support. I am willing to fight my corner on this one.

Could you please provide a link for the Small Claims Court process?  I couldn't find it when I searched.

Also, I have now blocked the buyer as you suggested.

Thanks again for your help.

[the-nutwood-collection]

The link is at https://www.gov.uk/make-court-claim-for-money

[the-nutwood-collection]

Also, it's advised to send a 'Letter Before Claim' see https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/#:~:....

I've never done this as a formal action but, in correspondence, I've always given a deadline date for when the matter must be settled and advised the other party that I will take court action if the date is reached without resolution.

[4_bathrooms]

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@the-nutwood-collection wrote:

It's £35 to file a claim for an item <£300.  It's a straightforward process, and it might jolt the buyer into sending the item back...  

...It does depend on what eBay wrote in the email when they advised the buyer of the refund.  If the email says something along the lines of 'You don't have to send it back, it's your as a gift' then you may be on a sticky wicket.

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The message/email will have informed the buyer that eBay had issued a full refund and also stated the buyer doesn't need to return anything. It will likely also indicate the reason eBay decided to do this was because the OP had neither provided a return label nor a refund within the time limit given.

I think the most likely outcome from a county court hearing would be the judge telling the OP to take the matter up with eBay as it was eBay who awarded the buyer the money and the goods. If the case did go as far as a county court hearing (i.e. because no agreement was reached through mediation) and the buyer successfully defended the case the OP would be liable for any costs the buyer claimed for attending the hearing. 

Also, even if the OP was awarded a judgement a judgement is exactly that; a judgement the defendant owes money to the plaintiff. If the buyer refused to pay or otherwise ignored it enforcement of the judgement comes with its own costs. Whilst these are added to the claim a county court employed bailiff does not have power of entry. If the defendant doesn't own a car parked outside their property and refuses to open their door there is nothing a county court bailiff can do. The defendant can be summoned to court to provide evidence of earnings (another cost) but if they plead poverty (i.e. because they are unemployed and already have a string of CCJs) their earnings would be attached and they would pay back the debt in instalments at a token rate.

@kawa_manmi - if you really want to pursue this through a small claim you need to send a letter before action first; you just need to decide who to send it to.    

[the-nutwood-collection]

@4_bathrooms , thanks for the info regarding the eBay email.  I was concerned that eBay would have informed the buyer that they didn't need to send it back.  eBay really should just stick to just telling the buyer that they have a refund - I feel they're exceeding the scope of their authority to advise the buyer that they can keep the item.  However, maybe it's buried in the T&Cs.

@kawa_manmi if eBay have said they can keep the item, then I think you're probably wasting your time and money raising a claim.  You could enter into battle with eBay, but I think you'd definitely be wasting your time if you embarked on this course.

[kawa_manmi]

Thanks for your comment @the-nutwood-collection . Below is the message from eBay regarding this:

"There are two main ways to provide return postage for your buyer. You can purchase a prepaid postage label from your preferred courier and then send the label to the buyer through My eBay: Messages. If you choose this option, be sure to purchase postage sufficient to cover the item’s return.

If you can't provide a label, another option is to provide the buyer with the funds to purchase their own postage. See our Return postage for sellers help page for more about your return postage options.

If you don't provide return postage or otherwise resolve the return within 4 calendar days, you may be required to issue the buyer a full refund without the item being returned to you."


But when I received this, on the same day I reported to eBay that the item was sent as described. I thought eBay would investigate more and then decide, but it seems eBay didn't.

[4_bathrooms]

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@kawa_manmi wrote:

But when I received this, on the same day I reported to eBay that the item was sent as described. I thought eBay would investigate more and then decide, but it seems eBay didn't.

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Returns are an automated process; if the seller hasn't uploaded a return label or issued a refund by the end of the third day the buyer can click the "ask eBay to step in" link and be guaranteed a full refund at the seller's expense. eBay do not arbitrate at this point.

Once the return tracking indicates delivery a "Report a problem" link appears in the case. When clicked it presents a list of options for the seller to choose from; most of them close the return case and open a report against the buyer. One of the reasons is "Item is as described" (or something very similar). Whilst you would still lose the cost of the return label and have to refund the buyer you would have the item back and the buyer would be left with a report against their account. Buyers who receive too many such reports risk losing their Money Back Guarantee protection; i.e. they will be prevented from opening future MBG cases.