Do you think I am fair in opening a claim?

  1. Bought a Mulberry Bayswater on eBay recently - it was described as in 'great condition'. Here is a link to the auction. Mulberry Bayswater Bag In Darwin Oak (item 320049791480 end time 18-Nov-06 21:35:01 GMT)

    Well when I received it the bag had loads of pen marks, mainly inside but one outside, and a 4 marks on the back of what looks like grease. (see pics)

    The seller is refusing to co-operate with any type of refund, full or partial. He said that I shouldnt buy 2nd hand and did I expect a brand new bag for £250! Well no I didnt but I expect a bag to be as described and he did not mention the marks etc.

    So now I escalating to a claim - have any of you made a claim before?
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  2. Every detail about the bag should be described in the auction..You should open a claim as "item not as Described" I have opened a claim "item not received" Just follow what Paypal tells you to do...When Paypal tells you send the bag back make sure you send it with signature comfirmation..I hope this helps you
  3. Yes have opened the dispute but the seller refuses to help - so I have now escalated to a claim. I didnt pay with paypal, paid by cheque but have just spoken to eBay and they seem quite helpful. I wont be sending the bag anywhere until they tell me too. Forgot to mention also the dust bag didnt arrive either!
  4. The stains are positively gross! You are absolutely right to open a claim as "item not as described" and I hope you get your money back.

    But do protect yourself in the future. Always email the seller first to ask about the condition of the product (stains, marks, rips, smells, etc.), and if you don't hear from the seller that should send up a red flag to stay away. Also, I suggest paying with a credit card (I use AMEX for the best protection) so you can file a charge back with the credit card company. They will do more for you actually and be less of a hassle than having to deal with eBay and paypal.
  5. Yes I should have done - have been on ebay 5 years though and have never had problems before, guess I have just been lucky!

    No idea what those stains are - look like they dropped the bag in a bowl of cooking fat when making the sunday roast!
  6. In addition to those large vile stains and numerous pen marks, the bag looks quite abused even though the seller says it's only "a year old." Totally unacceptable at any price.

    I would recommend not getting into a war of words with this person, but proceed with your claim for a full refund.....and stick to your guns on this!

    While this is a very nasty experience, just remember there are some wonderful, honest sellers on ebay.
  7. Miss Bradshaw that is horrid. What a shame. Looks like on the auction that he didnt even take pics of that side. Hope ebay comes through for you and that it gets sorted. Some people have no morals and conscience.

    Good luck and keep up posted.
  8. I agree, that is a shocking state to sell a bag in. I would never ever offer a bag for sale in that condition, hey I wouldnt even give it to my friends in that condtion ;) BUT he most certainly should have pointed out those blemishes, they are not exactly subtle.
    If you paid via paypal, and file a claim, they should automatically take the money from the seller until it is resolved. That usually makes them sit up and try and reach a compromise.

    Good luck, like you say, this is the first time you have had a problem, so dont let it put you off too much :smile:
  9. Didnt pay with paypal :sad: - paid by cheque

    It makes me laugh in the auction he says it would make a great present - can you imagine giving this as a present to someone!

    Its my own fault - I should have asked more questions, I guess I am judging other sellers by my own standards
  10. I know gosh you so would not give that as a present. I think he is just a bad egg. I am the same I always judge sellers as my own standards but some people just have no morals at all. These are the people that shouldn't be on ebay. Hopefully ebay will stand up and take notice and taking into account your ebay record and his newbie status I hope they can help you. Make sure you print all his pics on his listing before they dissappear and also the copies of the ones you received - it also helps to date stamp your prints through your camera as well.

    Good luck
  11. An additional problem is that the seller only has a feedback rating of 3, which means that the ebay insurance that might offer an additional layer of protection isn't there. That bag has defacts which clearly should have been described! I don't know how ebay will rule, but you can protect yourself in the future by paying with PayPal via a credit card and by buying from sellers who have high enough and good enough feedback so that your buyer insurance kicks in. Good luck. I recently had to file a SNAD when I received a damaged item and PP did rule in my favor, so it does happen, but I understand that with SNADs it can go either way. Partly, I believe it will depend upon what words the seller used to describe the item. If it was described as new or mint and came with this kind of damage, you should be in good shape.
  12. Susan I guess its hard when the seller doesn't offer paypal and you have no option to pay by cheque if you want the item.. Are you saying that as the seller has low feedback that Miss B level of comeback with ebay is less?
  13. Yes, because the seller doesn't qualify for the up to $1000 of buyer protection that sellers with more feedback have on their listings (unless they opt out of it, which most don't). That combined with the lack of PayPal protections makes the purchase more potentially dangerous from a buyer's point of view. I would still try to see what can be done because I think that stain and the seller's atttitude are both appalling, but unfortunately, it becomes harder to obtain redress.
  14. gosh didnt know that - thanks Susan. What is the level of feedback that is required to make this protection kick in?
  15. ^ Agree with Susan-eric...:sad:

    As you paid by cheque, the amount of recompense you'll get through Ebay is minimal.

    I believe you're covered by Ebay's standard protection program which is as follows:

    eBay's Standard Purchase Protection Programme reimburses buyers for eligible transactions when:
    • An item was not received.
    • An item was received but significantly not as described.
    For example:
    In the UK
    You'll be reimbursed up to a maximum of £120.00 (less £15.00 to cover processing costs).The maximum reimbursement for any claim is £105.
    • <LI style="MARGIN-TOP: 6px">If the item price is £500, you're eligible to receive £105.
      <LI style="MARGIN-TOP: 6px">If the item price is £100, you're eligible to receive £85.
    • If the item price is £26, you're eligible to receive £11.
    eBay Standard Purchase Protection Programme

    Sadly, you will lose out - but as far as i can see, it's the principle that matters - and what an un co-operative seller too!:yucky:

    Yes, the bag does look beaten up, and i can see some kind of stains from the pictures provided, but, to be honest, the seller should have clearly mentioned all the faults in the item description, so, in that respect, the item is definitely not as described!:yes:

    Good luck missbradshaw, what a nightmare!:sad: :heart: