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    I sold a laptop outside of an eBay auction to a woman who made me an offer on the 19th December. She wanted it for Christmas and I said I'd try my best but could offer no guarantees - really she had left it super late and I knew there was probably no chance. It was sent out on the 21st, which was just last week, and already she has opened a claim against me to say that the item has not been received. This woman is either stupid or has no common sense - she wants something delivered in under a week.. over XMAS HOLS?? Really?! Worked out, it has only been around three working days!! The tracking shows that it is still in transit.

    I know Paypal always tend to favour the buyers and I'm terrified that I will have to refund her. Firstly the laptop is now out of my possession, so what about if I have to refund and it's either been lost (which I doubt), or it still gets delivered to her and she keeps it? That leaves me without the money OR the laptop. Secondly, I foolishly spent all the money already - I was struggling majorly over xmas and owed my boyfriend a whole ton of money So I have nothing to give back to her!

    Does anyone know what kind of rights I have?? Can they make me refund her under her unreasonable demands (throwing a tantrum because it hasn't been delivered in one week during xmas), and will they consider the fact that the laptop is technically on its way to her and can be delivered any day now?

    She has messaged me on eBay to say she is "disappointed" and "just wants her money back now", and I can't believe how unreasonable she has been. I think that, once the item is shown to have been delivered, Paypal will close the case. Am I still obligated to give her money back if she wants it after that or can I say tough tits, you've got it now leave me alone??

    So worried, any advice would be lovely
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    Did you do recorded delivery to prove whether she actually received it?
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    (Original post by Tigrah99)
    I sold a laptop outside of an eBay auction to a woman who made me an offer on the 19th December. She wanted it for Christmas and I said I'd try my best but could offer no guarantees - really she had left it super late and I knew there was probably no chance. It was sent out on the 21st, which was just last week, and already she has opened a claim against me to say that the item has not been received. This woman is either stupid or has no common sense - she wants something delivered in under a week.. over XMAS HOLS?? Really?! Worked out, it has only been around three working days!! The tracking shows that it is still in transit.

    I know Paypal always tend to favour the buyers and I'm terrified that I will have to refund her. Firstly the laptop is now out of my possession, so what about if I have to refund and it's either been lost (which I doubt), or it still gets delivered to her and she keeps it? That leaves me without the money OR the laptop. Secondly, I foolishly spent all the money already - I was struggling majorly over xmas and owed my boyfriend a whole ton of money So I have nothing to give back to her!

    Does anyone know what kind of rights I have?? Can they make me refund her under her unreasonable demands (throwing a tantrum because it hasn't been delivered in one week during xmas), and will they consider the fact that the laptop is technically on its way to her and can be delivered any day now?

    She has messaged me on eBay to say she is "disappointed" and "just wants her money back now", and I can't believe how unreasonable she has been. I think that, once the item is shown to have been delivered, Paypal will close the case. Am I still obligated to give her money back if she wants it after that or can I say tough tits, you've got it now leave me alone??

    So worried, any advice would be lovely
    Do not worry. Did you state no returns? She does not have a right to claim it back. Did you give an estimated delivery date? Was the estimated delivery date 3 days or a week?
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    If you have recorded delivery she can't do nothing about it late it late and especially its during the Christmas holidays she should have known. They won't make you refund her unless she returns the laptop.
    Stop replying to her messages that are like 'I am disappointed' and let eBay take over the case.
    Make sure you keep the receipt with the tracking code as well
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    Thanks for the replies As I said, the transaction was actually made outside of the auction as she offered me a buy-it-now sum, so eBay probably don't have a lot to do with it anymore. I said to Paypal I didn't specify a time it should be delivered by and that she is being unreasonable expecting it in under a week over the busiest time of the year. The parcel was sent via Collect+ and fully tracked. Paypal assured me that she would not be granted a refund as long as the tracking shows that it is on its way, but I don't trust them - I had a similar situation before with a much smaller, cheaper item and they favoured the buyer straight away. They did not seem to even consider the time it was sent (just over a week before) and what the tracking said (had been dispatched). I think in that case it may have been lost as the tracking didn't change a while later, but to jump to conclusions after a week is outrageous - there's always a chance the buyer could end up with both the money and the item! So I'm really worried they will do the same this time, only now I've got a lot more to lose
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    Do not refund her until you receive the item back! She could easily lie that she didn't receive it, then youll be out of pocket twice.

    The woman is unreasonable, and as long as you didn't send an email 'guaranteeing' that it would be with by Christmas, and explained that you would do your best to get it sent to her as soon as possible, there is no fault on your with behalf.. you did all that you could. And paypal/ebay will understand that.
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    (Original post by Tigrah99)
    Thanks for the replies As I said, the transaction was actually made outside of the auction as she offered me a buy-it-now sum, so eBay probably don't have a lot to do with it anymore.
    Did you use eBay's formal "Buy it Now" option, or was this entirely outside of eBay?
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    In the case of the seller favour , the item will be posted back to you and a refund will be given to you. Usually buyer wins to be honest but you should've charged extra for next day delivery or offered collection ? Was this a buy it now or auction ?


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    (Original post by Tigrah99)
    Thanks for the replies As I said, the transaction was actually made outside of the auction as she offered me a buy-it-now sum, so eBay probably don't have a lot to do with it anymore. I said to Paypal I didn't specify a time it should be delivered by and that she is being unreasonable expecting it in under a week over the busiest time of the year. The parcel was sent via Collect+ and fully tracked. Paypal assured me that she would not be granted a refund as long as the tracking shows that it is on its way, but I don't trust them - I had a similar situation before with a much smaller, cheaper item and they favoured the buyer straight away. They did not seem to even consider the time it was sent (just over a week before) and what the tracking said (had been dispatched). I think in that case it may have been lost as the tracking didn't change a while later, but to jump to conclusions after a week is outrageous - there's always a chance the buyer could end up with both the money and the item! So I'm really worried they will do the same this time, only now I've got a lot more to lose
    You can always open a case direct with PayPal. Just won one two days ago pm me for further info


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    Again, it was an offer made outside of my auction, i.e she messaged me and offered money which I accepted, so really it was done outside of ebay but still via PayPal.

    The situation has changed a bit now - the woman has been willing to wait, but it seems collect plus have LOST THE DAMN PARCEL. Lost the parcel and refuse to compensate any more than £50. So I'm the muggings having to refund the woman eventually when it is the couriers fault. I don't have that kind of money, I literally feel sick. Do I not have any rights?
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    Not really. If the original terms said 50 quid maximum on laptop`s ect ect thats it really.
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    I don't think you can do anything really and that's probably all you will get back. It's probably best in the future to do all selling only via eBay especially now that this has happened twice to you. This woman sounds like she was going to be unreasonable anyway.
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    (Original post by Tigrah99)
    Again, it was an offer made outside of my auction, i.e she messaged me and offered money which I accepted, so really it was done outside of ebay but still via PayPal.

    The situation has changed a bit now - the woman has been willing to wait, but it seems collect plus have LOST THE DAMN PARCEL. Lost the parcel and refuse to compensate any more than £50. So I'm the muggings having to refund the woman eventually when it is the couriers fault. I don't have that kind of money, I literally feel sick. Do I not have any rights?
    I'm not a hardcore Ebay guy, but I'd say you are ****ed. You completed the sale via Ebay, but outside of it. Which means you can't run to them for help or negotiation, because its against the rules, Ebay want their cut for facilitating the sale.

    Secondly, why on earth did you not check the insurance level on a laptop? If you just sent it recorded you get something like £46 cover, it even says don't send valuables. Did you put a return label on the parcel, ie if not delivered send to XYZ? You surely do have that kind of money, the money the women sent you? You've effectively lost your laptop. Your right to compensation will be whatever you agreed when sending the item.
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    (Original post by Tigrah99)
    Again, it was an offer made outside of my auction, i.e she messaged me and offered money which I accepted, so really it was done outside of ebay but still via PayPal.

    The situation has changed a bit now - the woman has been willing to wait, but it seems collect plus have LOST THE DAMN PARCEL. Lost the parcel and refuse to compensate any more than £50. So I'm the muggings having to refund the woman eventually when it is the couriers fault. I don't have that kind of money, I literally feel sick. Do I not have any rights?
    Did the T&C's say they will only compensate up to £50?

    Take a look here, same situation as you: http://www.consumeractiongroup.co.uk...e-imbursement&


    If I was you i'd send them a letter explaining that the value of the laptop is much higher than the compensation they will pay out. Word it firmly but not aggressively. You don't want to get their back up.

    If it comes to it you can take them through the small claims court, which isn't as expensive as you may think but you do need to do it properly.

    It makes me wonder how these companies loose parcels. It's got an address on it so obviously if it's put in the wrong delivery van the delivery man isn't going to deliver it to some random house. And how can it be lost in the sorting centre? It must be around somewhere :P
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    Collect+ offer compensation cover of £50 as standard however you can purchase additional cover: http://www.collectplus.co.uk/news/?p=491

    In this case it seems like you didn't purchase extra cover hence you are only insured up to £50.

    Sorry to say but it looks like your not going to get any more back from Collect+.
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    (Original post by sharp910sh)
    Do not worry. Did you state no returns? She does not have a right to claim it back. Did you give an estimated delivery date? Was the estimated delivery date 3 days or a week?
    Doesn't matter if you state no returns or not. You're still covered by distance seller regulations.
    I've been successful on numerous occasion where a listing has stated no returns.

    Unfortunately, she's got a cooling off period and is entitled to use it.
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    If it has been this long, then I wouldn't hold much hope. I know Mail becomes really slow at this time but it has been almost 2 weeks.

    No returns does not work for new items. The government put a new regulation guaranteeing electronics for a period of time.
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    I understand what you mean about people opening claims within a few days. It is really irritating and stressful.
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    (Original post by JC.)
    Doesn't matter if you state no returns or not. You're still covered by distance seller regulations.
    I've been successful on numerous occasion where a listing has stated no returns.

    Unfortunately, she's got a cooling off period and is entitled to use it.
    Distance selling regs do not apply for private ebay sellers.
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    My experience as a seller on ebay has been quite different to everyone else.

    As a seller, I had no rights, the item was not received by the buyer, he opened a case, I submitted proof of postage to ebay and within 14 days, paypal refunded the buyer and my paypal was -£124. Paypal is owned by ebay and ebay has every control of your paypal account in this way.

    Once this has happened, the procedure is to claim it from the courier service that's why you buy recorded delivery because it is insured.
    It's a buyer's market on ebay because they're the ones who provide the cash liquidity.
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    (Original post by Tigrah99)
    Again, it was an offer made outside of my auction, i.e she messaged me and offered money which I accepted, so really it was done outside of ebay but still via PayPal.

    The situation has changed a bit now - the woman has been willing to wait, but it seems collect plus have LOST THE DAMN PARCEL. Lost the parcel and refuse to compensate any more than £50. So I'm the muggings having to refund the woman eventually when it is the couriers fault. I don't have that kind of money, I literally feel sick. Do I not have any rights?
    As someone who sold many hundreds of items on ebay just prior to relocating and I can tell you two things.

    One buyers can and will attempt to screw you.
    two. You sent a high value item and didnt charge more for sending it either recorded delivery or for having it insured to its actual value. That coupled with the fact that you ended the listing early (technically against ebays principles) means youve been very stupid. And wide open for something like this.

    Also you shouldnt have spent the money before the customer had received the item.

    Paypal are very likely to side against you if the customer doesnt receive the item. And they will not accept "the courier lost it" as an excuse.

    (Original post by Dekota-XS)
    My experience as a seller on ebay has been quite different to everyone else.

    As a seller, I had no rights, the item was not received by the buyer, he opened a case, I submitted proof of postage to ebay and within 14 days, paypal refunded the buyer and my paypal was -£124. Paypal is owned by ebay and ebay has every control of your paypal account in this way.

    Once this has happened, the procedure is to claim it from the courier service that's why you buy recorded delivery because it is insured.
    It's a buyer's market on ebay because they're the ones who provide the cash liquidity.
    Ebay are slime concerning sellers - they charge you three times, when you list, they take a cut of the total and then they take a cut through the paypal payment. They must have got close to grand off me when i was selling on there
 
 
 
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