[dazzapb]

Hi guys

Wonder if anyone can give me advice re: current ebay item sale that "as expected" seems to be going pear shaped.

To cut a long story short I have sold two items on fleebay, one a expensive laptop a few years back - buyer came to pick up item and paid via paypal, turns out the c*** paid via a hacked account and therefore was fradulent funds and I lost out over a grand. As I didn't post the item I was not covered. Even thought I called paypal before he came to pickup the item, they didn't say pickups were a problem.

Fast forward to Dec 08, selling a server, expensive, in great condition. Buyer pays via paypal, instructed to post to address via paypal. Note address was
"unconfirmed" But this is not an issue with paypal

Do I have to post to a confirmed address to be covered under Seller Protection?
For eBay transactions you don’t. Just post to the address on the transaction details page, just as you did before. Now, the policy applies even when the address is not confirmed.

But a pointer in being a bit dodgy, he has a feedback of over 50 and looks ok. So I post via parcelforce insured. He leaves positive feedback, then paypal funds are released to me.

Now three days later he is stating that its now not working, being an IT geek, I ask techincal questions back, which he doesn't answer directly. I'm 95% sure the server is fine, its bulletproof!

I offer to go around and take a look (hour drive) and he says he only available weekends. In the latest email from him he provides his mobile number.

What do I do, don't want a chargeback. Do I just sit tight and wait for the paypal reversal, or carry on engaging with him?

Advice greatly received!

[Zk1]

were you offering a returns service for the one server ?, or technical support as part of the sale, a used equipment warranty ?, the answer would normally be no to all of these. Furthermore you should be able to test it before sale and confirm it's working etc. and provide an accurate description of the item in question. how do you know he hasnt swapped mb and broken it, finished using it as part of a lab etc ? , or changed serial no via bios flashes.

Tell him that you certified it as being in working condition and it was sold as seen and any damage that was later caused was by his own doing and 100% not yours. Mate tbh, I'd even bill him for travel to see him, and charge by the hour when you go to his place. telling him before you visit etc.

Dazza none of my advice is of any legal wieght nor do i know about the inner workings of paypal. this is simply what i would do when dealing with a con artist.

I have sold tons of it equipment on fleabay for years and have never had one problem.

[dazzapb]

Thanks ZK1

Great advice, I notice he bought a dodgy looking server a few weeks before hand.

In my item decription I didn't specifically state sold as seen, but ebay on my behalf stated "no returns"

The item was just for the server and no other service, You concerns are shared by me, re: BIOS flashes etc.

He now states that the processors must be faulty He hasn't entertained me going to see him (this was a tester from me to check he was genunie.)

Without going into too much detail his comments, spelling etc and his name (foreign) all make me worry more!

Maybe I will reply back to his email address directly outside of ebay "my messages" and state what you said.

Cheers mate

[beemerbird]

Try only communicating with him via e-bay messages so e-bay have records of you trying to help him. Would be worth taking the time to trawl through their procedures on this sort of thing so you make damm sure your arse is covered. Other half has sold loads of stuff on e-bay and thankfully only had to do this twice but it is worth it. To a point he has to prove that the goods are faulty so if you agree to take a look at the item you sold and he refuses then you can't do anymore. I also agree that he should pay towards travelling costs whatever. If he offered to take it somewhere to someone else to look at, then I wouldn't be too happy about that - who knows who he knows sort of thing?

If push comes to shove, and you can't reach an amicable solution, then this is where e-bay will intervene as a third party. Again, this is why it's important to communicate to the purchaser through e-bay. They will mediate if necessary free of charge.

Edit: Noticed that you have been communicating through e-bay messages. Guy sounds a bit of a tosser tbh. Good luck.

[dazzapb]

Thanks! I will commuicate via ebay messages to keep a trail. However I don't want to jepordise my position by saying anything out of turn.

As mentioned the latest commuication was asking me to call him on his mobile. Or give him my number. That makes me kind of nervous. I want to reply ASAP, but a bit scared!

To be honest I am struggling to find any rules on faulty items on ebay's site or paypals.

I was thinking of getting him to mail me a picture with the server powered on. (I think the server is not even in his possesion!Its almost like he's typing from a script.) If theres a issue the system health LED will be red. Hmmmm.... I make take ZK1's idea and stand firm - I am 95% sure I am being conned.

I may also ask him to run HP diagnostics, this should prove either way. But how do I know he hasn't ripped a CPU out etc etc..

[Zk1]

you'll know of proc removal due to proc id in bios, but only if you have it written down and also no tech util will allow a rewrite afaik. only tag, customer info, service info etc. no one i know has ever written down proc id. kudos if u did though

[beemerbird]

Under the 'Help Topics' menu, Transaction Problems Protections then click on 'more' then 'What eBay can do and click on 'Resolving disputes' but ultimately they advise to go via the 'Resolution Centre' in My eBay, so you need to be logged in and on the main page showing your buying and selling activity.

Sorry if you already know this.

[M3-FAST]

Defo only communicate through ebay - if paypal ask him to provide supporting evidence you don't want any that could have been 'modified' before him forwarding them on

Offer to do everything in your power but state that he had left positive feedback so the thing must have worked initially?

Electronics does and can fail at any time - the goods are second hand and you are not to know that.

PAYPAL unfortunately does often favour the buyer more than the seller nowadays but stand firm. Get him to run the bios checks you mentioned. Offer again in writing to visit and sort it - I will guess that he WONT want you to do that.

There is not a lot you can do other than keep communicating with him in writing via ebay and communicate as much as you can via paypal in case it gets that far.

I have bought and sol tons of stuff on ebay for years and did have a bad experience once that I lost out on. Sold a head unit and six cd changer to a numpty up North. Posted to an unconfirmed address (you were not covered for those at one time) but got proof of signing from City Link, my courier. He phoned me several times over the course of the weekend to ask for my advice as he was fitting it. He then claimed a week later he had never recieved it and PAYPAL gave him his money back!! I could not prove I had even spoken to him as it was on the phone and not via email.

Good luck and hope it works out for ya!

[dazzapb]

Thanks guys. Going to message him and not phone him directly.

Will offer to send HP proliant diagnostics CD that he can run. ZK1 - I did take a snapshot of the specs, to be honest I know the parts like the back of my hand, as it gave me 18 months of stealler service - did my Vmware certification using it

[dazzapb]

Thanks Red! the con artist wants me to call him, and not discuss via Mymessages. Wish me luck. Thankfully I have signed proof he's got it, but I get this is the next stage of the con!

I will offer again to visit, I'll suggest he pays half the fuel costs too. I will bring a few burely mates too, as I don't trust him. To be honest if I go down this route, it will put him off, i doubt he'll damage it for effect, I suspect its working fine as it always has, although I can't be 100% sure. If its genuine he will take up my offer.

[dazzapb]

All quiet, msg'ed via ebay asking him to run the diags, will also post the CD via registered post. I offer to go around if still not resolved.

Wait and see I guess.

Found this on ebay. interesting!

WHAT IF THE GOODS OR SERVICES YOU RECEIVE ARE NOT UP TO SCRATCH?

--------------------------------------------------------------------------------
Sale of Goods Legislation
The most important piece of legislation relating to the sale of goods through eBay.co.uk is the Sale of Goods Act 1979 (as amended).
The Act provides that wherever goods are bought they must “conform to contract”. This means that items sold through eBay by business sellers must be:

of "satisfactory quality";
"as described"; and
"fit for purpose".
Therefore goods sold by business sellers must not be inherently faulty at the time of sale, must match any description given to them and, allowing for factors like price, they must be fit for their purpose, defect free, safe and durable.
Where the seller is a private individual, the goods must be “as described”. The goods are not legally required to be of “satisfactory quality” or “fit for purpose”.

[booforty]

Remind him of the small print

[willhollin]

Tell him to swivel on it or you will send Carlos round.

[M3-FAST]

As a private seller you might be OK then?

I suspect he might be after an easy fast buck, and maybe thought you would offer some instant compensation. Now he knows that is not the case, it might just fizzle away.

Stand your ground, be factual and helpful and co-operate with ebay/paypal if an when required.

Nowt more you can do

[booforty]

Originally Posted by willhollin

Tell him to swivel on it or you will send Carlos round.

That will guarantee he never contacts you again

[dazzapb]

Thanks for replies. He replied again, not listening to my questions, he's gone and removed a CPU and states it works on one.

Without accusing him directly I mentioned that there are strict rules to follow on this. Also that the item was in great condition, sold as seen.

[beemerbird]

Originally Posted by dazzapb

Thanks for replies. He replied again, not listening to my questions, he's gone and removed a CPU and states it works on one.

Without accusing him directly I mentioned that there are strict rules to follow on this. Also that the item was in great condition, sold as seen.

Nice one.

[dazzapb]

result! just checked with manufacturer it has a next bus. day full onsite fullon warranty! for another year

Have some of that!

Acutally I could of got 25% more if I bloody knew that!

[willhollin]

Originally Posted by dazzapb

result! just checked with manufacturer it has a next bus. day full onsite fullon warranty! for another year

Have some of that!

Acutally I could of got 25% more if I bloody knew that!

Thats sorted then mate!

[dazzapb]

hope so will

Scammer 0 - me 1 (assuming something else doesn't happen!)

(its now 1-1 on aggregate!)

To be honest the other half won't let me see anything else on fleebay - prob a good thing!

[beemerbird]

Glad you got it sorted.

Think fleebay can be a bit of a lottery but you've just got to be canny really. It's defo. a learning curve buying and selling on there - you get a good insight into the human physchi lol.

[M3-FAST]

Originally Posted by dazzapb

hope so will

Scammer 0 - me 1 (assuming something else doesn't happen!)

(its now 1-1 on aggregate!)

To be honest the other half won't let me see anything else on fleebay - prob a good thing!

Spot on result - make sure you communicate your 'findings' with him via ebay email. Offer to transfer the extra warranty into his name if he would like to provide a full name and address?

Bet you hear bugger all from now on - not even the take up on the warranty!

Keep on plugging on ebay, majority of the people on there are decent folk. As always it is the minority that givie it a bad name. I have 500+ positive feedback and only had the odd 'encounter' on there. Always nice to have a paypal 'slush fund' to keep me in gadgets