Can you appeal ebay decision?

[donrocks_123]

As a seller I sold a new item.  Buyer falsely claimed it wasnt as described because it was not suitable for his needs.  Buyer claimed the small handheld garden vac only picked up small items (the listing stated it was for small debris).  Buyer said he needed a bigger machine.

I rejected the return but ebay permitted buyer to return the used item and charged me for the privilege.  I would like to appeal the decision but everytime I hit appeal I get a message saying "opps technical issue".  Has the appeal option been removed?

I am digusted by ebay's failures here and if ebay do not cover the item and postage costs I will issue a claim against them in the County Court.

[donrocks_123]

Please disregard I found the answer.  If the issue continues beyond today I will issue proceedings against ebay.

[plpmr]

"I will issue proceedings against ebay."

Very best advice is to get yourself a better legal adviser.

[missdollydaydream]

Best of luck. Sadly, eBay nearly always support and encourage dishonest buyers and hardly ever support their customers (sellers).

[donrocks_123]

Thanks I got the appeal part working.   My day job involves litigation....

[vinylscot]

Well, be sure and come back and let us know how you get on.

It's amazing, the number of people who post here that they are taking action against eBay. They very rarely let us know how they get on.

[roger_roger_over_and_nowt]

I think the option to appeal is removed if Ebay steps in.

If you check your seller dashboard you may find you gained a defect for non resolution if that's what happened.

You might also wish to read your user agreement.

[donrocks_123]

Nah, that option to appeal is still there as there alleged review stated "We had a chance to review the buyer’s return request and decided to ask them to return the item. There’s nothing you need to do at this time. This case will not affect your seller performance. "

[dch2112011]

So ebay found in your favour and did not penalise your account and asked the buyer to return the item - at their expense ? 

Or did ebay charge you for a return label ? 

If  you are involved in litigation you will be very aware that  the legal contract you have with ebay is valid and with the value of the garden vac - at the very best it would fall in the small claims court  and for what loss  would you suggest that you would start litigation ?  ebay fees - a couple of quid - cost of postage a couple of quid -  you have the item back  - so maybe at very best a partial loss of value. 

I doubt it would even get before a district judge  before being thrown out !  

[1956glyn]

Hi

I think one can only appeal a decision if Ebay have stepped in...unless the goalposts have been moved

"If you don't agree with our resolution when we've stepped in to help resolve an issue, you can appeal by providing new information within 30 calendar days of the case being closed."

https://www.ebay.co.uk/help/selling/managing-returns-refunds/appeal-outcome-case-seller?id=4369&st=3...

[donrocks_123 · Accepted solution]

Ebay have now granted a refund of £20.99.  This is unacceptable.  I will issue proceedings against them later .

[*vyolla*]

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@donrocks_123 wrote:

Ebay have now granted a refund of £20.99.  This is unacceptable.  I will issue proceedings against them later .

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Let us know how you get on.

In over 20 years I've seen many sellers state that they're going to do the same, but none of them ever get back to us with an update on how it went. 

[hettsville]

Did you get the item back?

If so why do you think it's ok to keep the money and the item.

Trying not to accept a not as described return wasn't a good idea anyway. 

If the buyer escalated eBay would have refunded and told them they could keep the item.

You would have been even more angry if that had happened.

[missdollydaydream]

 eBay would have refunded and told them they could keep the item.

I wonder why eBay think it's legal, ethical or acceptable to tell someone they can keep someone elses property!

[dch2112011]

It is a simple and quick way of resolving a dispute -  the seller is given the opportunity to interact with the buyer and agree a solution -  the buyer can demand a return legally, the seller can offer a replacement or offer to adjust the price to compensate for a problem with the goods - the buyer can decide what they want to accept, so once a buyer indicates they want to return for a refund the seller should capitulate.

If a seller decides they are above the law and ignores the opportunity to do the right thing and issue a return label or agree an alternative in the agreed timescale, under the ebay agreement which all members agree to before selling and buying on ebay, ebay make the decision on both the sellers and buyers behalf to end the dispute. 

The seller is given time and the opportunity to facilitate the customers right to return the goods.

The seller by refusing a return is breaking the law and ebay rules and by doing so is confirming that they do not want the goods returned, so the only thing left is for the buyer to be refunded from the sellers funds. 

This is why ebay refund a buyer and do not have any responsibility to ask the buyer to return the goods, they are simply endorsing the sellers refusal to let the buyer return the goods.

If a seller wants the goods back then they need to abide by not only ebay's rules but the law, not complain about the consequences of their decision not to do so.  

[donrocks_123]

dch2112011 - you should learn the law before mistating the legal position.  

[dch2112011]

I suggest you consult a legal professional if you are in any doubt that you are obliged to arrange collection of any goods sold online that are missdescribed, faulty or damaged. In the case of ebay the user agreement allows for goods to be returned by the seller issuing an appropriate return label which therefore overides the need for the seller to collect the goods and by accepting this agreement the buyer undertakes to drop the goods off at a collection point.

Simply access consumer rights act 2015 on the government website and you should be able to see it for yourself but if you are sure you know better consult the legal professional.

[*vyolla*]

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@dch2112011 wrote:

I suggest you consult a legal professional if you are in any doubt that you are obliged to arrange collection of any goods sold online that are missdescribed, faulty or damaged. In the case of ebay the user agreement allows for goods to be returned by the seller issuing an appropriate return label which therefore overides the need for the seller to collect the goods and by accepting this agreement the buyer undertakes to drop the goods off at a collection point.

Simply access consumer rights act 2015 on the government website and you should be able to see it for yourself but if you are sure you know better consult the legal professional.

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I don't that @donrocks_123 is a business seller, looks like they're a private seller to me.

[*knight-rider*]

'I will issue a claim against them in the County Court.'

I think that's just frustration talking 😉

If your versed on law that much, you'll know the aggrovation ahead in getting the issue resolved. Small claims courts only off/give judgements, they don't enforce payment. If the buyer didn't pay, you'd need to employ the services of a bailiff and with respect, nobody is going through all that for £20, unless your made of money and just want to make a point, assuming a court would even entertain the case in the first place.

I'm unsure as well why you would think this is Ebay's issue, as pointed out many times on here, Ebay can only work with what's in front of them, so if a buyer states not as described, then it's not as described as far as they are concerned, rightly or wrongly and Ebay's user aggrement that you agreed to when joining, will cover them in such a situation.

Personally, i'd just get the item back, hopefully how it was sent and just resell again, perhaps adding any small loss to the next listing and price. Don't get me wrong, i'm not condoning the buyer mis-useing the returns process, but there are more important things in life than losing sleep over £20, especially if you get the item back, as your loses then are around only a fiver 😉

[dch2112011]

According to the Consumer Rights Act 2015, when you buy from a private seller the goods must be ‘as they were described’ this lays the ground rules for how private sellers can describe their goods

a buyer is entitled to a refund if the seller does not describe the goods correctly 

 a buyer is also entitled to a refund if the goods do not belong to the seller.

Outside of ebay if a seller refuses to refund recourse for the buyer is through the courts or mediation but as you know within ebay the MBG  dispute resolution system denies the seller the right to refuse a refund  -

this is a contractual obligation and in effect takes precedent because both parties are bound contractually to this solution.