14-08-2020 4:08 PM
Hi can I get some advice please. Sold an Apple iphone 7 128GB for £150. Posted it Special Delivery
to ensure not scammed and messaged the guy to same the same.
He got the phone safely but now claims the battery needs replacing at £49. It was in excellent working
order when it left my possession and I think he's trying it on to get a partial refund, so he gets the phone
for £100! I sold it is pre-owned and very good USED condition, much the same as you would a 2nd hand
car that requires a battery that has been USED!
What are my rights? He has threatened to raise it with Ebay, who will undoubtedly side with the buyer and
fully refund him and then I will have lost both my phone and the money! Help!!! Josh
I was suspicion as soon as it sold as the guy has a feedback score of 04.
Feel like I'm being hoodwinked!
You're probably right that the buyer is angling for a partial refund just to lessen the amount they paid for the phone.
Don't agree to it, don't get into any conversation about partial refunds.
Just tell them (even if its through gritted teeth) that you would be happy to refund in full on return of the phone and stick to it.
They will either go away or they will open a case for not as described and yes you will have to refund in full once they have returned the phone but best you do that voluntarily or else you could end up losing the phone and the money.
When a buyer claims not-as-described, Ebay has to take their word for it. Ebay weren't present when the phone was sent or received, so can have no idea what you actually sent or what condition it was actually in. They have to ensure that a buyer is fully refunded on return of the goods, as per their Money Back Guarantee (which you agreed to comply with when you registered your account). They can't get into disputes between you and a buyer. Only a judge can decide if a buyer is a liar or a scammer.
If you don't want to partially refund, tell the buyer to open a return request, and that you will refund in full once you receive the phone back in the same condition as when sent. Don't get into any arguments. Just keep politely repeating that if necessary.
If you receive back something different, or the phone has been damaged in some way, you will likely still have to refund as you won't be able to prove to Ebay what you actually received back (any photos or videos you take could be of anything), but you can certainly take legal action against the buyer ('before action' letter by Signed For post, followed by Small Claims court if necessary). Small Claims judges work on probabilities as well as facts, and the process can be started online. But hopefully it won't come to that.
What are my rights?
Almost none. If the buyer opens a case under eBay's money back guarantee, eBay will take their word that it didn't match the description. You will have to refund the buyer in full, and send them a prepaid return label.
I agree about not giving in to demands for partial refunds, unless. If you insist on full return there's at least a chance that this will be the last you will hear of it.
I hope the buyer hasn't swapped the battery with a dud from another phone. Don't count on eBay taking your word if they do!