[kayfaz]

Hi All,

I bought 2 second hand tyres from eBay just to use for a couple of months, before I get some decent wheels and replace my MV3s.

Both the tyres were advertised to have 3.5mm and 4mm thread, but when arrived, they barely meet the legal requirement.

Now I asked the seller for a full refund on them and explained this, however he says he can only refund if I send them back at my cost.

His advert does state "customer is responsible for return postage" however as I was miss-sold, Do I have a chance to argue my case and not pay for the return postage or no chance in that?

If I have to send it back at my cost, can anyone recommend a cost-effective courier to use?

Many Thanks

[makkan00]

AFAIK, ebay ask the buyer the post the item to seller if there are any issues with the item.

[lostuser]

According to this link the buyer is responsible for returning the item. It seems strange but I guess you are taking a risk by buying from an internet auction and this is part of that risk.

The seller will lose the cost of delivering the tyres to you in the first place and probably get negative feedback from you as well so they haven't really gained anything.

http://sellercentre.ebay.co.uk/respo...escribed-cases

[Jase 320d]

You need to be careful

Some tyre on ebay are listed 3/4 mm, and when you look at the picture its obvious if your lucky they have 2mm on them

[G82Dude]

If he said you had to return them to him at your cost in the event of a problem on his listing, you have agreed to his terms and conditions when you purchased them and cannot do anything about it. eBay will also insist that you return at your cost. Were they delivered by a courier/signed for?

Unless you want to take it to small claims court of course and they would be sympathetic as they are not "as described" or "fit for purpose" and it would be unreasonable for you to be out of pocket through no fault of your own.

If you won, you still have to make him pay with a summons, bailiff (amount probably too small) or a good one is a garnishee order which freezes their bank account - or holds the amount disputed - (if you have their account details) until directed by the court. Your call.

[kayfaz]

Thanks guys, I think I will just ship them back at my cost.

Can anyone recommend a cheap courier to send 2tyres back within the UK?

[kayfaz]

Originally Posted by uke92dude

If he said you had to return them to him at your cost in the event of a problem on his listing, you have agreed to his terms and conditions when you purchased them and cannot do anything about it. eBay will also insist that you return at your cost. Were they delivered by a courier/signed for?

Unless you want to take it to small claims court of course and they would be sympathetic as they are not "as described" or "fit for purpose" and it would be unreasonable for you to be out of pocket through no fault of your own.

If you won, you still have to make him pay with a summons, bailiff (amount probably too small) or a good one is a garnishee order which freezes their bank account - or holds the amount disputed - (if you have their account details) until directed by the court. Your call.

yes they were delivered by a courier and signed for by my elderly mother who didn't check at all

[G82Dude]

Originally Posted by kayfaz

Thanks guys, I think I will just ship them back at my cost.

Can anyone recommend a cheap courier to send 2tyres back within the UK?

Have a nose on parcel2go.com.

[Ibz82]

Originally Posted by kayfaz

Thanks guys, I think I will just ship them back at my cost.

Can anyone recommend a cheap courier to send 2tyres back within the UK?

Interparcel.co.uk you should be able to send both back for around a tenner

[kayfaz]

the tyre size is 255/35/18

They're not with me right now to weight or measure...
So when getting a quote, is this a good estimate:
Weight: 10kg
Height: 60cm
Width: 30cm
Length: 60cm

[gangzoom]

For all the fees eBay charge the seller, they do give buyers lots of protection (providing you have payed with paypal I think).

I've had to return a few items on the basis they were miss-sold, and in each case eBay payed for the postage (persumablly charging the seller).

It's a quite length and complicated process though, and depends on how much hassell you are willing to put up with. Look at ebays 'disputes/compliants' section, essentially:

1) You and the seller try to resolve the issue. Given the fact you bought the item that was not as advertised I think you have every right to return the item at the sellers costs, after all the seller did not give an accurate descroption of the item, your not returning the item because you don't want them, your returning them because they are not as advertised.

Make this point clear to the seller in your communications, stay professional and calm in the correspondances (use the ebay internal messaging system, and drive through the point the original ebay listing was misleading and inaccruate)

2) If the seller wil refuse to pay for the item to be returned, you can now ask eBay to 'investigate' the situations.

3) After a set period of time (cannot remeber how long), a member of the dispute/investigation team from eBay will contact you and the seller to try and resolve the situation.

4) eBay will decided on how/who is going to pay what etc.....

I've gone through this process twice, it takes about 2-3 weeks to resolve but worth it. At the end of the day if the seller has misadvertised the item they should cover all the costs not you the buyer.

Good luck.

[basim07]

Ive had many a refund without sending items back at all (although lower item value but principle applies).
Just threaten with negative feedback, usually changes attitude of seller pretty damn fast

[stevens]

file a dispute, I did on another item and ebay provided me with a pre-paid package note and it didnt cost me a penny to send back, got full refund + postage.

[Kerr]

Was it a private seller or a business? Was the sale an auction or a buy it now?

My understanding that you are covered by the distance sellers regulations if he is a trader and the sale was buy it now.

The distance sellers act requires the seller to cover postage of faulty or wrongly described goods.

[kayfaz]

Originally Posted by Kerr

Was it a private seller or a business? Was the sale an auction or a buy it now?

My understanding that you are covered by the distance sellers regulations if he is a trader and the sale was buy it now.

The distance sellers act requires the seller to cover postage of faulty or wrongly described goods.

It was a 'Buy it Now' sale from a trader, I've gone back with him explaining that I was miss-sold and I shouldn't have to be out of pocket as I was not returning the item because I don't want them, I am returning them because they are not as advertised. (Thanks @gangzoom).

I will mention the distance seller act the next time he replies

I have filed a dispute with eBay as well, let's see what happens...

I appreciate all the help and advise

[kayfaz]

So here's a reply that I get from him (Copied and pasted):

"Clearly you don't understand the concept of returning an item. Return ITEM = We will refund MONEY"

How professional is that? He seems to have completely ignored my last response...

I think I will go back with "distance seller act"

[imygaf]

If it was a business seller you are covered by statutory rights no matter what the sellers stand is on the issue. I had the same problem and ebay arranged for the items to be collected.

But i am not sure if the same applies if the item is used or if its a private seller. Best course of action is to contact ebay

[gangzoom]

Originally Posted by kayfaz

So here's a reply that I get from him (Copied and pasted):

"Clearly you don't understand the concept of returning an item. Return ITEM = We will refund MONEY"

How professional is that? He seems to have completely ignored my last response...

I think I will go back with "distance seller act"

This is the standard response from someone selling rubbish on ebay. You don't have to worry about bringing up the distance seller act etc, simply stick to your line that your not 'returing the item' instead your asking for a refund because the item was incorrectly advertised by the seller so they need to cover the postage costs, these are two competly different points.

To make it really clear quote their orginal advert and than explain your own findings on why the item was not as described.

Keep your responses sensible (some one at eBay will review all the corrspondances at some point, so if the seller starts giving you unprofessional reponses it wouldn't help their case), and than let eBay sort it out...

[AlanYoro35i]

Parsleyfrieght

[Jase 320d]

Paisley

[AlanYoro35i]

Originally Posted by gangzoom

This is the standard response from someone selling rubbish on ebay. You don't have to worry about bringing up the distance seller act etc, simply stick to your line that your not 'returing the item' instead your asking for a refund because the item was incorrectly advertised by the seller so they need to cover the postage costs, these are two competly different points.

To make it really clear quote their orginal advert and than explain your own findings on why the item was not as described.

Keep your responses sensible (some one at eBay will review all the corrspondances at some point, so if the seller starts giving you unprofessional reponses it wouldn't help their case), and than let eBay sort it out...

Ok, let me tell you. When you open a case with ebay or paypal they will only force a refund
When you posted the item back with tracking. Unless you are taking the seller to court for not complying with distance selling regulation , you won't have a chance to get your refund. Many sellers ignore the distance selling regulation , they comply the minimum and they get away with it. Ebay won't go throught alot of trouble , i argued many times, never got my return postage back, but i do get my full refund.

[makkan00]

Originally Posted by Ibz82

Interparcel.co.uk you should be able to send both back for around a tenner

To OP,
I do not know if that drama is necessary for the sake of saving tenner. I can see that you will throw ethics and principles to this scenario.
But ebay is full of c..... You learnt your lesson. Return it by spending and get your money refunded.

Also, I do not know if your time is that cheap that you spend more than 3 weeks to save just tenner.

IMO, if it cost you £10, just return it and get refunded.