not happy

[mr5050]

was searching the bay last week for some new toys and came across a brand new astra gte digital dash, anyone see it? anyways, i won the dash for £75 which i was fairly pleased with but when it was delivered i opened the box to find a rather scratched and tatty dash, it does only have .2 of a mile on the clocks but how do i know that the fella hasnt just clocked the dash back to 0? i havent messaged him yet because i dont know what rights i have as far as ebays concerned, i paid through paypal if that makes any difference and the item was won on the 4/7/2010? cheers

[General Baxter]

item not as desribed, simple

[craig green]

I saw this & didnt believe for a minute it was brand new.

I'm not calling you gullible, just that ebay is full of tat sold by retards. (I'll exclude Mike from that statement also)

[mr5050]

who do i contact first, seller or ebay?

[General Baxter]

the seller, then if he moans go to ebay lol

[mr5050]

what rights do i have regarding getting a refund off this bloke, is there a time limit and what happens if he does start moaning, has something similar happened to anyone on here? cheers

[GDN16v]

(I'll exclude Mike from that statement also)

lollollollollol

[mr5050]

i sent him a message telling him what i thought and got this back....
Hi there.
I am sorry that you are not happy, I did think it was Brand new and I did'nt know it had been clocked.
If you send it back to me I will refund your money as soon as I have it back.
Could you send it to
Derick Macleod
2 Balallan
lochs
Isle of lewis
HS2 9PN
I'm very sorry again that you are not happy.
I think of myself as an honest guy and I would not have sold it if I thought it was damaged in any way.
let me know when you send it.
cheers
Derick

at least he's not arguing but still a waste of my time, such a shame as i was pretty happy to find something like that for my astra build, live and learn... if it sounds too good to be true, it normally is!

[mr5050]

is he obliged to refund my postal cost as well?

[novalicous]

i know of 1 brand new completley unused digi dash owned by a member on here that was bought for a good price froma vaux dealer

[Lewis.]

is he obliged to refund my postal cost as well?

no not usually mate

[novarally]

Make sure you get proof of posting when you send it back.

[paul james]

I hate that, you get messed around by an ebay seller, who is in the wrong by supplying you with something not as described. But you have to pay to send it back, not very fair. And potentially leaving you out of pocket twice, and with no item - if they decide to keep being a poor seller and not refund.

[Richie_B]

Make sure you send it on recorded delivery or he'll possibly say it never arrived.

[novarally]

I hate that, you get messed around by an ebay seller, who is in the wrong by supplying you with something not as described. But you have to pay to send it back, not very fair. And potentially leaving you out of pocket twice, and with no item - if they decide to keep being a poor seller and not refund.

In theory you have a greater degree of protection because you used PayPal. Doesn't always work out like that in practice though.

You will probably be out of pocket for the return postage, as there is no provision in Consumer Law for the seller to have to refund this to you. Same as if you take a (faulty) item of clothing back to a shop for a refund they aren't obliged to refund you your parking costs/petrol/bus fare.

It depends how far you want to take it, there are no guarantees, but you can ask for a refund of any costs incurred on a Consequential basis (e.g. return postage). Ultimately it is for a Court to rule on if it went that far.

By the way, my Wife works as a Trading Standards Officer, this isn't just something I happen to know about!

[mr5050]

worth a try ay

[Jack]

Make sure you send it on recorded delivery or he'll possibly say it never arrived.
Best option would be either with a trackable courier or RM Special Delivery, as that can be traced throughout the postage process. Recorded Delivery is just proof someone, somewhere, took delivery and signed for it. Such as the postie. lol