Returning an item on eBay and the courses to take.

[7on]

I just bought a "Tmobile Wing MDA Mint in BOX +2GB & 64 MB Memory Stick" where the wing wasn't "mint" nor were the memory cards shipped to me. The phone has obvious signs of being dropped and when I place a call there is this high pitched squeal that's louder than the dial tone. I can't dispute it until the 4th so I sent the ebayer (ajagger00) a comment saying the item is damaged and I wish to ship the item back for a full refund. Other than that is there any advise that anyone can give me?

Item listed on ebay

 

[phungy]

So the phone wasn't in the same condition as the pictures in the listing?

 

[adk]

if you paid with paypal, it's not terribly difficult to file a complaint with them and get your money back.

 

[7on]

if you paid with paypal, it's not terribly difficult to file a complaint with them and get your money back.

Do I just need to call up paypal and explain my situation?

The guy contacted me today, but said he was at work - now it's 10:22 and I haven't heard back from him. I have his AOL email (from paypal_ and I added him to aim and the name is online.

The Product was NOT as pictured. There wasn't 2GB nor 64MB memory cards in the box either. It looks like it was dropped between when the phone went on ebay and when it entered my hands. And when I place a call their is a high pitched wailing (leaking voltage?) that I haven't noticed on floor models.

 

[7on]

I found out how to open a dispute on paypal. Hopefully it can get resolved. The odd thing is that the seller is Albert Baldassare on paypal and I received the package from a Norberto Salas Jr.

 

[7on]

I finally got a "good" response from the seller but he doesn't want to give me a refund.

"The Phone to me was in good condition, And I have sent you an Email about the offer I purposed. I will Get you the SD cards and remit to you my profit of the phone ($30) since I sold it for a friend that already took the money. You still got a great deal on the phone. As for the weird noise you are hearing I dont know, but we resetted all the settings to default maybe resetting it again will fix that. The former owner said he never expierienced that at all."

I replied with:

"I don't think it's a great deal in that I can't use it as is. I simply can't hear the person when I make the call. The item I paid for was listed as "Mint in Box" not "slightly used in box" or "Good Condition." I feel that I have been mislead in this transaction. And I did try resetting the phone (hard reset, two softkeys and the reset button). From my layman's perspective I'd say the digitizer board has a voltage leak. I am still wanting a full refund where I'd resend the device back to you."

And I never got the email he mentions.

 

[Jasonbot]

I hate these stories. People can't just do these things. He definitely mislead you and I hope this guy who thinks he made a nice buck or two can get a piece of his own medicine!

 

[7on]

Another update~

ajagger00:

I cant do that, With what money...

Me:

"Dollars. I know you sold for your friend, so you'd probably need to speak with him about aquiring the funds. I really don't want to have to file a claim with paypal as you're the middle man between Mr. Salas Jr. and I. But seeing as I dealt with you Paypal will withdraw the funds from your bank account and if you have less than $332.49 it will most likely leave your account in the red. I can give you some time (Paypal has given me until the 22nd to file a claim, but I'm not going to wait until the last moment to file so how about the Friday before - the 18th) to contact Norberto or get the funds some other way (once I get the money I will defintely send the phone back which you can sell again). I wish there was something that I could do, but the fact of the matter is YOU sold me a device that due to it's defect I cannot use and the listing said it was "impeccable." Keep me updated."

I really wish this guy wouldn't play dumb.

 

[7on]

I hate these stories. People can't just do these things. He definitely mislead you and I hope this guy who thinks he made a nice buck or two can get a piece of his own medicine!

I really don't think it was ill-intent. I'm guessing the guy runs a "sell your stuff on ebay" store and just didn't check an item throughly enough. The device turned on ok and he went through the menus fine so he must have thought it was a-ok. Unfortunately electronics are tricky beasts.

 

[jknight8907]

I really don't think it was ill-intent. I'm guessing the guy runs a "sell your stuff on ebay" store and just didn't check an item throughly enough. The device turned on ok and he went through the menus fine so he must have thought it was a-ok. Unfortunately electronics are tricky beasts.

Except it was advertised as pristine, and there are "obvious signs of it being dropped"....not hard to notice in a quick visual inspection.

 

[7on]

Except it was advertised as pristine, and there are "obvious signs of it being dropped"....not hard to notice in a quick visual inspection.

True, you have me there. He probably didn't even look at the item. He's replying more quickly now.

ajagger00:
"He he's spent the money already...."

I still haven't replied to him yet. Any suggestions? I was thinking along the lines of telling him that I gave him the money for the item, he chose to give it to Mr. Salas. But I'd like to hear some more options - I probably won't respond to him until later tonight.

 

[jknight8907]

Sounds like he's trying to pull an easy scam....advertise as one thing, send another thing, then play on sympathy by saying it was somebody else's item and the money is already gone. He's already broken the law with a bait-and-switch scheme....file the complaint with Paypal before he has a chance to make it harder to get your money back.

 

[CanadaRAM]

Just file the chargeback. You can always cancel it later. He'll try to string you along until you are out of time, and then he'll go silent.

Also, according to eBay rules, the seller is supposed to disclose if the item is not actually in their possession.

What you might have here is someone fencing stolen goods. Or something. But it doesn't matter, just charge it back and let him duke it out with the other guy. The risk you run is if he empties his account and PayPal can't recover any money. Then you are at PayPal's mercy on their buyer protection (you did check whether he qualified as a seller for buyer protection, didn't you?)

 

[7on]

Sounds like he's trying to pull an easy scam....advertise as one thing, send another thing, then play on sympathy by saying it was somebody else's item and the money is already gone. He's already broken the law with a bait-and-switch scheme....file the complaint with Paypal before he has a chance to make it harder to get your money back.

Good call, I think I might go ahead and escalate the claim. I do feel bad if his story is true, but you can never be sure of this on the internet. I'll go ahead and escalate it and give it over to paypal.

 

[ktbubster]

Just escalate the claim and be as detailed as possible.

Btw, you are required to send the package back BEFORE you get the money refunded. That's how paypal works. Either way, though, if you file a claim and win (which you almost definitely will) paypal will assure your money back whether he has it in his account at the time being or not, so you will be protected, you will just have to have tracking and proof of shipment back and all that.

If I were you I would take photos of the phone and the damage BEFORE you send it back to him in that case too. Maybe I'm too cautious with these things, but I have been screwed before. You don't want him able to file a counter claim or whatever it is called saying that YOU damaged the item before sending it back or something. You never know, I honestly feel like paypal doesnt' even read the information that is sent to them with those claims so be careful.

I sold a WORKING g3 powerbook on ebay a month or two ago without a powersupply. I described all the information clearly, about it being old, but working fine when plugged in (the batter was dead...and i was using a powersupply from another computer to install things etc) anyway.. i sold it for like 60 bucks on ebay. The person who got it said it didn't work and I was trying to scam them blah blah blah (because clearly us mastermind scammers love trying to scam someone with 8 year old equipment for 60 bucks....), although it was working, he didn't understand anything about the correct powercord and as such filed a complaint saying it was incorrect.

Paypal, despite me working with him to the best of my ability and all my proof the computer was working to paypal, favored him and he was going to ship the item back. I wish I had taken photos of the computer while i was installing things and the condition it was in immediately prior to leaving me, but I didn't and because of that he won.

However, on the plus side, because he wasn't the brightest crayon in the box, he didn't respond by the deadline to paypal, so the claim was dismissed and I haven't heard a peep from him...

but the point is, no matter what side of a dispute you are on, get as much evidence as you can about the product in question before letting it out of your sight.


Goodluck! File that claim immediately!

 

[7on]

Ok, I'll take photos of it. I'll try and record the sound, but it's one of those high pitched sounds like those "kid" ringtones where old people can't hear it. I don't know how well those record, but I'll try.

 

[Jasonbot]

True, you have me there. He probably didn't even look at the item. He's replying more quickly now.

ajagger00:
"He he's spent the money already...."

I still haven't replied to him yet. Any suggestions? I was thinking along the lines of telling him that I gave him the money for the item, he chose to give it to Mr. Salas. But I'd like to hear some more options - I probably won't respond to him until later tonight.

But there are some nice looking pics of teh device on eBay that don't look damaged at all!

 

[7on]

But there are some nice looking pics of teh device on eBay that don't look damaged at all!

haha you got me there. I'll post the pics hear after work so you guys can look at them too. The back is really dreadful, though back plates are only $10 or so on ebay.

 

[0098386]

I've been both unlucky and lucky with eBay. I've actually got 1 item being sent back at the moment, the guy says "we all make mistakes, which is why I accept returns, minus my original postage fee", I'm disputing this with him as yes, we all make mistakes but I'm not paying for yours! If I found out I've been swindled I go the whole measure and file as many complaints where I can and contact old buyers to inform them they're being had too (if it's a continuing problem).

I wish you the best of luck with this.

 

[7on]

I've been both unlucky and lucky with eBay. I've actually got 1 item being sent back at the moment, the guy says "we all make mistakes, which is why I accept returns, minus my original postage fee", I'm disputing this with him as yes, we all make mistakes but I'm not paying for yours! If I found out I've been swindled I go the whole measure and file as many complaints where I can and contact old buyers to inform them they're being had too (if it's a continuing problem).

I wish you the best of luck with this.

Thanks, I just sent him this message:

"It's not my fault he already spent the money. Through the advise of my friends I just escalated the complaint with paypal and you have 10 days to get back with them. You should have shipped it out yourself to insure that everything was a-ok."

friends = you guys

 

[7on]

ajagger00:

"I gave you an alternative solution and thats all Im able to do."

Sigh, I think paypal is going to rape him because I doubt they'll take that answer.

 

[7on]

He contacted paypal with his dispute and now it's in Step 4: "Paypal Dispute Resolution Specialist reviews case" so eventually something will be resolved. It says it could take several weeks to come to a decision. What's the typical waiting time?

 

[7on]

Pictures:

And this is how I got it, after discovering the "high pitched squeal" I put it back in the box.

 

[yg17]

Yeah, that definitely looks like it's been dropped, mistreated, or something. I have an HTC Herald (which is the same thing as a T-Mobile Wing except unbranded). I've had it since May, and even with some pretty heavy and frequent usage, with the exception of some fingerprints on the touch screen that I'm too lazy to wipe off, and a very faint scratch on the screen from the stylus that you can only see at the right angle with the right amount of light, it still looks like I just took it out of the box. So it's not like an iPod that scratches if you look at it the wrong way....it would take some serious abuse to cause that sort of damage.

 

[7on]

AND now I just found a site with Wing images that are the same as used on the auction... hmmm interesting

http://tech.promaxum.com/?cat=1322

Hey! there's the engadget logo in that image!