Stu_22
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Registered: 25th Mar 02
Location: Luton
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Bought a £500 telly on eBay a few weeks ago with a hd recorder box. The telly was delivered next day but when I opened it up no had recorder just the telly. I opened up a not a described case and the seller responded saying he would check with dispatch. A week went by no reply so I asked eBay to help. They replied buy saying that they would give the seller more time as it was a expensive item. A few days later the company phone me up I explained I just needed the hd box they said they would get one sent the next day, they also asked I report the conversation we had to eBay which I did. Another 5 days passed no HD box and out of the blue without me asking eBay refunded me. Now the company is emailing me everyday and phoning me while I'm at work.
Still no he box but I think it could be at the postie waiting for me to collect. I do sell a fair bit on eBay so I feel a bit bad for eBay just refunding me but their customer service is so crap
So should I ignore the hd box and the company keep the telly and my money, or be honest go get the hd box and pay up
[Edited on 14-12-2017 by Ian]
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Ian
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Registered: 28th Aug 99
Location: Liverpool
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You have a few options.
The first is do nothing and enjoy your free TV
The second is use the refund as leverage to get the recorder box, then pay again.
Are they saying they've sent the recorder box? If so what does the tracking indicate?
If they've sent it and its waiting for you and they've done all they can but Ebay have still sided with you because you've not got off your ass and gone to the PO then you're the worst type of buyer and I hate you 
Whoever is standing that loss at the company must be raging.
Edit - there's also no reason why they can't recover the cost from you through a court, if its clear you have the stuff you'll lose.
[Edited on 14-12-2017 by Ian]
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Stu_22
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Registered: 25th Mar 02
Location: Luton
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quote:
Originally posted by Ian
Edit - there's also no reason why they can't recover the cost from you through a court, if its clear you have the stuff you'll lose.
[Edited on 14-12-2017 by Ian]
That's the bit I'm worried about
I bought it on the 23rd november and eBay refunded me on the 10th of December as they failed to reply to eBay in a 5 day window.
Depending on what service they used they would of posted the recorder a day before or on the day I was refunded
I feel this may encourage them to improve their customer service
[Edited on 14-12-2017 by Stu_22]
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Ian
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Registered: 28th Aug 99
Location: Liverpool
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If its over 2kg its highly unlikely not to be tracked - most if not all services that aren't regular post will give you some sort of track.
Surely you must know whether they think they've posted it? You say they're calling you - is that to tell you to go get it?
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BarnshaW
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Registered: 25th Oct 06
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you should repay them for the TV, mistakes can and do happen, but to take the TV and keep the money is wrong and probably illegal.
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VegasPhil
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Registered: 16th Jan 05
Location: Fareham, Hants Drives: Octavia VRS
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quote:
Originally posted by BarnshaW
you should repay them for the TV, mistakes can and do happen, but to take the TV and keep the money is wrong and probably illegal.
Agreed. I would probably use it as leverage to make sure they send the recorder box ( and their bank details) 
Corsa 2.0 16v Vegas - Sold
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Stu_22
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Registered: 25th Mar 02
Location: Luton
User status: Offline
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Ok Ian was right they are threatening me with court they offered me a £40 discount. Normally I would be happy with that but it was a bonus period on nectar points and cashback, both of which I have lost. So if I paid now it would work out I would pay more than I originally did.
I have received the HD box it was sent the day before eBay refunded me. I have offered them £300 but they said no.
To complicate it I went on ebay chat. eBay are saying I can ignore the company. They had 5 days to sort it and then a additional 5 days and that they were warned they would loose everything.( do I trust eBay chats legal knowledge mmm)
Yes I'm after something for nothing but if they can't respond to emails or post something in 10days then surly they shouldn't be in business
[Edited on 21-12-2017 by Stu_22]
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sxibeast
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Registered: 6th Aug 03
Location: Milton Keynes
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I wouldnt trust ebay chat whatsoever. Half of them dont know their arse from their elbow.
I'd say if you have received all the goods (and the fact the HD box was sent out before the refund from ebay, which is under the 10 days) just pay them the £460. Surely its not worth the hassle?
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
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quote:
Originally posted by Stu_22
if they can't respond to emails or post something in 10days then surly they shouldn't be in business
Not the case at all and also nothing to do with your situation.
quote:
Originally posted by Stu_22
it was a bonus period on nectar points and cashback, both of which I have lost. So if I paid now it would work out I would pay more than I originally did.
No you wouldn't, the circumstances of your payment are not important. You have a duty to pay, the fact its a worse deal for you is not important. Same way you couldn't rely on discount codes, currency exchange rates or anything of that nature outside your contract with the seller. They provide the goods, you provide the payment. Must be a great CC deal you're if they can offer £40 and it still doesn't cover it. How good is your maths?
quote:
Originally posted by Stu_22
eBay are saying I can ignore the company. They had 5 days to sort it and then a additional 5 days and that they were warned they would loose everything.
Not sure on what additional legal protection they are offering but that sounds like bollocks, if you've had the stuff you need to pay for it.
You might find companies don't pursue it - I've had stuff myself where people have claimed stuff isn't there when it clearly is or claimed its broken when it was tested etc. etc. all them vs me and it isn't good business to spend your day chasing it so you give up. Different case this time is its a few hundred so I think they've more reason to go heavier weight.
Just because companies don't normally chase doesn't mean they're not entitled to. Most probably take the view, as I have, that its not worth it. Whether these people do I'm not sure.
What you must not do is confuse your legal position with the policies of the people that you're dealing with. See it a lot in retail where because a lot of retailers offer money back, don't chases losses or like in Ebay's case make promises which protect the consumer and penalise the business and while they may be defacto in a lot of cases they're certainly not the starting point if you do become part of a money claim.
A lot of it is borderline criminal - and I'm sure if the Police were more willing to not shirk off due to the time and effort it takes then a lot more people would be made to pay for stuff where they have taken possession. Which you have.
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Ian
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Registered: 28th Aug 99
Location: Liverpool
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Also do bear in mind that you are under no obligation to keep it - if the terms of the deal re the credit card cashback etc. are not to your satisfaction then you could also return under Distance Selling Regs - you don't need a reason within 14 days and I'm quite sure the retailer would accept after that time period if you choose to return it all for reasons undisclosed.
So you're not out of pocket unless you choose to be - which you do just now by keeping the stuff.
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Stu_22
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Registered: 25th Mar 02
Location: Luton
User status: Offline
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Yeah I don't trust eBay so I have told the company I don't want them and told them to arrange collection.
I will confess soon it's a part for my track corsa. Didn't want to say to much incase so one is on here. I doubt it but you never know.
It's just frustrating I had been watching the item for months waiting for the next nectar deal. Black Friday comes round x9 points = 4.5% discount cash back at the time was 5% = 9.5% discount on £500 =£47.50.
Yes it's a matter of a few quid but they want paying via bank transfer so they will be avoiding fees. So that annoyed me a bit.
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
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So something that has no bearing on you at all and is merely saving the company money, money which keeps the price down so you save
Would you prefer their overheads were higher and they charged you more?
Didn't think so.
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3CorsaMeal
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Registered: 11th Apr 02
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TTT
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