Problem with item i sold in good faith on ebay!!!

[lynseybec]

sold a good working phone on ebay that worked for the buyer for 3 days, now its broken they want money back! where do i stand

[mac309]

Personally, i would ask to have the phone returned to prove it's faulty then if it is, issue a refund plus the cost of the postage. Also ask ebay and paypal (if thats who it was paid thruogh).

[barry1010]

As a private seller your only legal obligations are that the item is as described, and it is yours to sell.
You don't not have to refund if you don't want to.

[lexie..]

If the phone was in good working order for 3 days, then it must be something that they have done to it to break it.
It's not your responsibility.

[daffy654]

I agree with Lexie,they have obviously damaged the phone in those 3 days and are trying to say it was faulty. You are under no obligation (moral or legal) to refund the money.

[Rollo]

If the buyer paid with Paypal and they file a dispute saying the item was not as described, then if they escalate the dispute into a clain, and win it, you will find that Paypal will force you to refund all of their money whether you like it or not.

[lexie..]

But they must have told the buyer that the phone was ok for 3 days............so it's their word againgst hers.

[daffy654]

You do have a right to put your case forward in a paypal dispute and if the buyer has already admitted that the phone worked upon receipt then they don't have a leg to stand on.Keep copies of any emails you have from the buyer so that you can forward them to Paypal if a dispute is opened.

[lexie..]

Keep any messages you have from the buyer, do not delete them. Then if it does come to a dispute you have evidence that they said the phone was ok when they bought it.

[lexie..]

snap daffy..................lol.

[Rollo]

This phone?

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewIte m&item=170309544002

[daffy654]

:)

It really annoys me when people try and scam genuine sellers this way,it happens all the time on ebay.The buyer claims the item isn't working and gets refunded,they usually get to keep the item they purchased as well as the seller rarely asks for it back.......and of course as it isn't broken they have a fully working 'whatever' and their money.

[Rollo]

How do you know this buyer is a scammer?

The description said:

"This phone is used but it is in EXCELLENT condition"

If I had bought it and it stopped working after 3 days I would have wanted my money back too.

Don't forget we only have one side of the story here.

[barry1010]

If you want your goods to come with any sort of guarantee or warranty, you don't buy second hand from a private seller.
Buying such goods is always a gamble.

[daffy654]

If you buy a second hand phone on ebay and it stops working after 3 days then tough luck! Chalk it up to experience and get yourself a new phone from a shop where you will have some sort of warranty.

[Rollo]

"If you buy a second hand phone on ebay and it stops working after 3 days then tough luck!"

That is a very naive statement to make. And it is not true.

Which is exactly why buyers get Paypal protection on their ebay purchases.

[daffy654]

I wouldn't say it was a naive statement at all,more a realistic one. The buyer has to prove that the phone just stopped working and they didn't damage it.
Paypal disputes are not exactly without fault anyway,twice I have opened disputes for non received goods,they have found in my favour but I still never got my money back due to seller closing their paypal account.

[barry1010]

PayPal protection is for items not received or 'significantly not as described'.
There is no guarantee the buyer would win his claim as he did receive it, and it is the phone that was listed.
The fact that it stopped working after three days does not alter that.

[lynseybec]

Thank you for all of your answers, im still not quite sure where to go from here.
yes it is that phone!

[Rollo]

You have to do one of two things.

1. Tell the buyer to return the phone to you. When you get it back check it is the phone you sent out, and check what the buyer says about it. If it is correct refund them all of their money.

2. Tell the buyer you don't accept what they say. Then wsait and see if they file a dispute/claim, and if they do hope they don't win it.


By the way, I would not leave a buyer feedback until I knew they were happy with the item and that the transaction is concluded.

[lynseybec]

i have already asked her to return the phone but che says theres no point in her wasting her money sending it to me so i can see its broken, so because i wont send her money shes taking it to paypal! i already left the feedback after 2 days, she didnt leave any feedback, can i retract it?