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E-Bay, what should I do?

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Old Feb 26, 2005 | 02:27 PM
  #1  
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Default E-Bay, what should I do?

You may have seen a post by me a week or so ago regarding the posting of a mountain bike.

Said bike was posted (box obtained from a proper cycle shop) wheels, handlebars and pedals removed and put into box.

Received this email this morning:

*******************************************
Hi Stuart,

I picked up the bike from Parcel Force today morning.

The bike is nowhere near the 'excellent condition' it was described as in the auction. I would say it is not even in a 'good
condition'. None of the components are in an 'excellent condition'. I have taken a few photographs of a few parts of the bike for
your perusal. The front hub is damaged (front_hub_1.jpg, fron_hub_2.jpg), I am not sure whether this was a consequence of the bike
not being packed up properly because a bit of the hub was protruding from the packaging when I took delivery (package_1.jpg,
package_2.jpg) or whether it was damaged previously. The front disk brake master cylinder is leaking and damaged all the hydraulic
oil has leaked out (front_brake.jpg). Most serious of all, the bike frame has cracks on it, which makes it unsafe to ride in my
opinion and thus unusable (frame_1.jpg, frame_2.jpg, frame_3.jpg).

I am sorry to say this but I would like to return the bike because it is not as described and is unsafe to ride and thus unusable.

Please can you advise on how I should go about returning it back? Please arrange for it to be returned via Parcel Force. I will put
it back in the box I received it in. Please provide instructions on when I should take it back to Parcel Force.

Please process a refund once you have received the bike. Just in case I do not hear from you within the next 7 days I shall be
launching a formal complaint with eBay concerning this transaction.

Many thanks for your help. I am sorry this transaction did not turn out well.
**************************************************

The only thing I can comment on is with the cracks. This is just the paint on top and they are very faint.

He has signed for it, I checked using the parcelforce tracker.

If you saw parts of the bike sticking through the box, would you not check the items inside prior to signing?

Any advice greatfully received.

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Old Feb 26, 2005 | 02:40 PM
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tricky one mate especially if he gets trading standards involved could end up costing you a packet .small claims courts can turn out to be a right bastard contact a solicitor for a bit of free advice if i was you matey
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Old Feb 26, 2005 | 02:47 PM
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surely parcel force compensation should sort it out?
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Old Feb 26, 2005 | 02:48 PM
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So he's saying it was damanged by parcelforce?

I assume it was insured for it's correct value? If so contact them and ask them who need to submit a claim, you or him
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Old Feb 26, 2005 | 02:56 PM
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parcel force cover each consignment up to Ł500

he's sayin he doesnt know whether it was parcel force or damaged before.

wasnt even my bike
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Old Feb 26, 2005 | 02:58 PM
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He sounds pretty genuine, ParcelForce must have battered it...as above, compensation?
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Old Feb 26, 2005 | 03:08 PM
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Old Feb 26, 2005 | 03:23 PM
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yes mate, it was in good condition when it left here.
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Old Feb 26, 2005 | 04:40 PM
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You're a private seller? If so, and the bike sold was as described and by that I mean it was the correct make of bike, had two wheels and a seat if you said it did, etc etc... then the guy has no legal recourse to you. He has hardly any statutory rights when buying at auction from a private seller and certainly none if the goods arrived and they weren't as good as he was expecting. The onus is on the buyer at auction to exercise due legal diligence before bidding. If he did not come to view the bike before he bid then it is basically tough shit. Indeed, if he had come to pick the bike up personally after bidding and decided that its condition was worse than he expected it would still be tough shit on him. He'd still have to buy it. Or you could sue him. That's the beauty of auctions and Ebay.

But in this case it sounds like ParcelForce might have fooked up. If I were you I'd do all I could to assist in his compensation claim (and it is his compensation claim, mind) from ParcelForce. I had to make a claim last year after a new laptop screen that I'd bought (off Ebay) arrived and the package was smashed to fook. Post Office paid up in full within 6 weeks and I didn't even have to let anyone at the Post Office look at the damaged item or packaging, so the system does work.
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Old Feb 26, 2005 | 05:17 PM
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MANY thanks for that reply weev, i'll make an initial call to parcel force then.

looks like im getting negative feedback about this one tho

77 positives as well

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Old Feb 26, 2005 | 05:24 PM
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Originally Posted by Stu.H
parcel force cover each consignment up to Ł500

he's sayin he doesnt know whether it was parcel force or damaged before.

wasnt even my bike
I'd double check the Ł500 limit - it's wrong...

As for being a private seller, total bollocks IMO
You obviously have been fraudulent on e-Bay a few times no?? nice way to sell someone to piss off, bet it would be different if it was you

Parcelforce claim form best way, don't bother to ring 'cos they only muck u about and am in the process fo 'trying' to claim for a parcel I sent and due to phone calls alledgedly have missed the 30 day cut off point
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Old Feb 26, 2005 | 05:28 PM
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One point I have to disagree with Weevil on is who's compo claim it is.

You asked Parcel Force to provide a service and agreed a fee with them for doing so. That is the contract, so it is up to you to refund him and pursue a claim from the carrier. The buyer has no contract with Parcel Force, only with you.

Having said that, I claimed off them for an amp I bought and they paid out to me, not to the seller.
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Old Feb 26, 2005 | 05:33 PM
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what about the pic's you put up when selling it?

would that prove it was in good con or not
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Old Feb 26, 2005 | 05:38 PM
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You asked Parcel Force to provide a service and agreed a fee with them for doing so. That is the contract, so it is up to you to refund him and pursue a claim from the carrier. The buyer has no contract with Parcel Force, only with you.
But the buyer pays the postage? So it's they who have the contract,you,the seller,post it on their behalf.
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Old Feb 26, 2005 | 06:29 PM
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Originally Posted by The Knife
One point I have to disagree with Weevil on is who's compo claim it is.

You asked Parcel Force to provide a service and agreed a fee with them for doing so. That is the contract, so it is up to you to refund him and pursue a claim from the carrier. The buyer has no contract with Parcel Force, only with you.

Having said that, I claimed off them for an amp I bought and they paid out to me, not to the seller.
You might be right mate - I've never looked into it in any detail. I claimed when my stuff arrived smashed up because I thought they might want to see the damaged item and packaging and obviously I had it, not the guy who posted it to me. But as you say, the contract is with whoever paid the postage whilst common sense suggests that the guy who received the damaged parcel is best placed to persue the claim.

And as for the other message further up about private sellers I'm afraid that from a legal point of view it is entirely true. Despite that I've bought more stuff on Ebay than I have sold and have never had a problem. I just made sure I knew my rights (which are practically zilch) before I started, and so bid carefully. All Ebay users should take the time to familiarise themselves with the legal position just in case it comes to that. There is nothing at all that can be done to a seller who fails to uphold the moral obligations the buyer perceives him to have.
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Old Feb 26, 2005 | 07:31 PM
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Originally Posted by James Raby
You obviously have been fraudulent on e-Bay a few times no?? nice way to sell someone to piss off, bet it would be different if it was you
speak english man
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