Ebay seller advice on a dispute

[spoony]

Reet. I sold a sewing machine to a lad in bradford for £100 plus £25 p&p. It was in good nick before I sent it and was well packaged. He complained since it was delived that one on of the components has broken off during shipping. (sent it by Parcelforce) He's emailed pictures of damage and fair enough it looks broken like. Hes also suggesting I pay £59 for the part + £20 fitting for the replacement. Also whe I sent it, it was sent with cover upto £100.

What do I do? Any ideas?

[Yakshamash]

Can't you claim through Parcel Force?

[spoony]

Originally Posted by Yakshamash

Can't you claim through Parcel Force?

Aye, but the problem is the machines at his end which probably complicates things like.

[mackemindatoon]

tell him to fuck off how do you not know the fucker has done the damage hisself and is just trying to con you out of money?

[glen]

i think you can claim from the post office if they damaged it while they were delivering it

it was a while ago, and a lot less value, but i sold a teapot on ebay. the buyer send pictures of a smashed teapot that they received. i gave them a full refund (less than a tenner) but i'm sure i claimed the money back from the post office

take a look at their website

[Yakshamash]

Originally Posted by spoony

Aye, but the problem is the machines at his end which probably complicates things like.

They'll be used to that sort of thing though, ask for a claim form and include pictures of the damage (presume you had pics on ebay before you sent it), nowt to lose

[spoony]

Cheers lads. Ive offered a full refund plus the original p & p as long as he sends it back and pays the return p & p himself like.

See what the fucker says to that, sure I can get repair done meself for cheaper and then claim it back. Still a reet fuck on, not helped by the fact Im away for a couple of weeks from Sunday.

[Terry Tangles]

Originally Posted by spoony

Cheers lads. Ive offered a full refund plus the original p & p as long as he sends it back and pays the return p & p himself like.

See what the fucker says to that, sure I can get repair done meself for cheaper and then claim it back. Still a reet fuck on, not helped by the fact Im away for a couple of weeks from Sunday.

Legally you're probably on sticky ground there.

When you sell an item on ebay a contract is formed between you and the buyer. You undertake to sell and deliver the item to him for the agreed price inc p+p.

You then form a contract with parcelforce to deliver the item to the buyer at the agreed price between you and parcelforce.

In essence you have broken your contract with the seller and he can reasonably expect not to be out of pocket on the deal. i.e. full refund inc postage and re-imbursement of the cost of sending the item back to you.

You are then left with chasing parcelforce because it would appear that, assuming your package was well protected, they have failed to take reasonable care when they delivered it.

Personally I would chase parcelforce for

a) Refund of your postage costs.
b) Refund of the costs incurred getting the item back to you
c) The cost of putting right the damage.

One thing when you are dealing with the PO/Parcelforce is not be put off by them stating it is 'their policy' to only refund £xxxx. They are bound by contract law and can't claim their policy overrides the law of the land. It doesn't.

[spoony]

Originally Posted by Terry Tangles

Legally you're probably on sticky ground there.

When you sell an item on ebay a contract is formed between you and the buyer. You undertake to sell and deliver the item to him for the agreed price inc p+p.

You then form a contract with parcelforce to deliver the item to the buyer at the agreed price between you and parcelforce.

In essence you have broken your contract with the seller and he can reasonably expect not to be out of pocket on the deal. i.e. full refund inc postage and re-imbursement of the cost of sending the item back to you.

You are then left with chasing parcelforce because it would appear that, assuming your package was well protected, they have failed to take reasonable care when they delivered it.

Personally I would chase parcelforce for

a) Refund of your postage costs.
b) Refund of the costs incurred getting the item back to you
c) The cost of putting right the damage.

One thing when you are dealing with the PO/Parcelforce is not be put off by them stating it is 'their policy' to only refund £xxxx. They are bound by contract law and can't claim their policy overrides the law of the land. It doesn't.

Cheers, if he doesnt accept it, i'll probably refund him what hes asking. Although Im certain his "quote" for the repair of the damage is a load of shit. How do I know he hasnt done this himself and is trying to pull a fast one? Its a tricky situation as its his word against mine. I suspect however if he puts a dispute in with paypal, they will take his side due to the fact he is the buyer. Wish I'd never bothered selling the fucking thing

[The Situation]

He has blatently broke it himself whilst using it.