Is anyone a lawyer/solictor/barrister or good with legal arguements?

[South-east boy]

Just that I have a dispute going on ebay over some wheels I recently bought and when I got them back (my friend picked them up for me as he works near where the guy had the wheels), I found out that the bolt holes had been elongated which wasn't mentioned in the 'For sale' ad! So now I am in the dispute where I send a message to the seller and he responds & so on. But I have to be very careful what I say and how I respond as the seller does not want to give a refund, so I think the case will be escalated on Tuesday and the outcome will be decided by ebay. As it is quite a bit of money, I want ebay to decide in my favour!

If anyone can help, then I will post the details and dispute messages below. No worries if no-one is able to help!

[triple5]

Is the dispute through ebay or paypal? If its paypal they usually side with the buyer. I used to have an ebay business, and lost quite a bit through buyer disputes.

[South-east boy]

Is the dispute through ebay or paypal?

Well, I was going to do it through paypal, but when on ebay I saw a report a problem' section which you use before a dispute etc, but there was an error as it said that i had bought the wheels on ebay USA which I hadn't. So I phoned them and they opened a dispute for me last Saturday, when can be escalated on Tuesday. There are nw things on ebay with Ebuyer protection etc. It says this:

"What does eBay Buyer Protection cover?
eBay Buyer Protection covers items purchased on eBay with eligible payment methods that are not received or not as described in the listing. Some purchases are not covered, including prohibited or restricted items and items listed or that should be listed in the Motors (except for Parts and Accessories) and Real Estate categories. Most Business and Industrial categories are covered by eBay Buyer Protection. Remember, eBay Buyer Protection doesn't cover fraudulent charges or buyer remorse. Also, items must be purchased on the U.S. eBay.com website to qualify for eBay Buyer Protection coverage, and are covered for 45 days from the date of payment. Purchases made on Half.com and classified listings on eBay.com are not covered.


What happened to PayPal Buyer Protection?
PayPal Buyer Protection on eBay existed only for eBay customers who paid for their purchases through a PayPal account. Now purchase protection and issue resolution for your eBay purchases will be managed by eBay, for all eligible payment methods.

With eBay Buyer Protection, buyers will receive coverage for the purchase price of the item, plus original shipping. eBay Buyer Protection also introduces a new, streamlined process for customer service, so you can get help quickly either on the phone or online.

How does this program benefit sellers?
eBay Buyer Protection makes it easier for buyers and sellers to resolve issues with a new, streamlined process for customer assistance. We encourage buyers to work directly with sellers before opening a case because this is often the fastest and easiest way to resolve problems.

The new system also makes it easy for sellers to give their information to eBay. Sellers can always contact our customer support specialists to discuss their case 7 days a week, between 5:00 AM – 10:00 PM Pacific Standard Time (PST).

Do I need to send the item back to the seller?
If you have opened an item not as described case for a purchase covered by eBay Buyer Protection, then you must send the item back to the seller. You must also provide eBay with the shipping tracking number in order to receive a refund into your PayPal account."

[joebloggs]

how did you pay with a credit card?
if so, and if things dont go your way, tell you credit card company and see if they can do a 'charge back'

http://www.which.co.uk/advice/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-visa-debit-cards/index.jsp

[triple5]

how did you pay with a credit card?
if so, and if things dont go your way, tell you credit card company and see if they can do a 'charge back'

http://www.which.co.uk/advice/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-visa-debit-cards/index.jsp

That's your final fallback if the dispute doesnt work out. Have ebay got a phone number now :Erm: I know they didn't used to. I would also lodge a dispute with paypal, and send pics if you can of the product to show where it differs from the original listing

[South-east boy]

That's your final fallback if the dispute doesnt work out. Have ebay got a phone number now :Erm: I know they didn't used to. I would also lodge a dispute with paypal, and send pics if you can of the product to show where it differs from the original listing

I already have pics and yes ebay has a phone no. Do you want it?

I also paid by credit card through Paypal which helps if it goes that far.

[triple5]

I already have pics and yes ebay has a phone no. Do you want it?

I also paid by credit card through Paypal which helps if it goes that far.

No I don't want it :icon_lol: I despise ebay with a passion :cwm23: I still use paypal (an ebay company) but that's for other means, not ebay. The trouble I've had with ebay over the years :doh All I can say is never try to run a business solely around ebay, as they can take it away in the blink of an eye with very little reason. I've had 5 accounts suspended, and once had 6 grand frozen by paypal for over 6 months because of a dispute :furious3:

[Dedworth]

If you get no joy you could always threaten them with Small Claims Court action (assuming you have sellers name & address). You can do it online https://www.moneyclaim.gov.uk/csmco2/index.jsp

- I've done it successfully twice once against a debtor who owed my company and once vs Homebase

[Florge]

oh my...

was planning to try an eBay business... hmmmm... should do my research more on this then..

i hope you'll be able to settle your dispute soon...

[Sim11UK]

oh my...

was planning to try an eBay business... hmmmm... should do my research more on this then..


You still can have an ebay Business, but it's not the same as it used to be.
There is just too much competition now.

Sorry Tim :icon_offtopic:

[jaygraham]

Just that I have a dispute going on ebay over some wheels I recently bought and when I got them back (my friend picked them up for me as he works near where the guy had the wheels), I found out that the bolt holes had been elongated which wasn't mentioned in the 'For sale' ad! So now I am in the dispute where I send a message to the seller and he responds & so on. But I have to be very careful what I say and how I respond as the seller does not want to give a refund, so I think the case will be escalated on Tuesday and the outcome will be decided by ebay. As it is quite a bit of money, I want ebay to decide in my favour!

If anyone can help, then I will post the details and dispute messages below. No worries if no-one is able to help!

I am a solicitor in Sydney. Feel free to PM me the details and I will see if I can give you a few pointers. Australian contract law principles are the same as England.