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eBay claim/dispute from something that broke after sale


Nick

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I sold a phone on eBay which had developed a fault after a week of the buyer receiving/using it, it was working when I sold it (as he has confirmed also)

 

He opened a case on eBay saying:

 

 

 

Hi, I just wanted you to know that the earpiece on the phone stopped working (no fault of my own, it has not been damaged in any way since I received it). Therefore I'm sending it to Sony for repairs and wanted to check that it will be covered by the 2 year warranty outlined in the booklet you sent? I'm not blaming you for breaking it/ not checking it's functionality- as it had been working for a week or so just fine!! I just wanted to let you know what was going on in case there is anything I should know before I send it away- because I don't want to end up paying to have it repaired! Everything else seemed perfect til this happened- so thank you, and I will be leaving positive feedback so long as all this gets sorted :) Thanks, Rich

 

 

My reply

 

Hello, it will still be covered under warranty as per the booklet. As you have confirmed it was fully working before dispatch. You have done the correct thing by contacting Sony. They should resolve this fault for you. Please could you close this case? As the fault has developed a week after you purchased/used it and not one that was pre-existing. Thank-you.

 

 

His last reply

 

Hi, Thanks for confirming it was still covered by the warranty: I sent it off to Sony Xperia Care and got it back in the post on Friday with a note saying they had replaced the earpiece and surrounding screws for free. However, unfortunately it is still not working. I feel I've made reasonable attempts to get this issue fixed, paying for the packaging to send it off to Sony and waiting over a week to get the phone back. Therefore I propose that you offer a refund and I will send you the phone back- with the letter that Sony sent me (I can send you a picture first if you want? Though I'm not sure how to attach files on here so perhaps if you give me your email address). I'm really disappointed too as I had bought a micro SIM card for

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I wouldn't imagine he has any rights to a refund, you don't offer a personal warranty on eBay items.

Edited by animal47
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At the end of the day its down to the manufacturer if they decided to warranty any repair.

 

If you sold the item, he received it ok and was happy that is the end of your involvement plain and simple.

 

The fact that he broke it/it stopped working after a week isn't your problem, he could have dropped it on the floor got it wet for all you know. As long as you wernt daft enough to click the accept returns button on ebay. 

 

IMO it looks like he is trying to scam you, so open a case against him if you can.

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Yeah I agree, he could of done anything in that first week, he has replied again going against what he first said:

 

"Hi Nick, I think I disagree that the fault developed after one week: I would say that the fault was pre-existing but came to light after a week of (very limited) use- I made two phone calls where it worked. So the phone was not working on first use. I confirm that you were may not have known of this problem- but it was there at the time of sale. As Sony confirmed- I did not cause the problem. If I return it to you, hopefully you can escalate the issue with Sony under the warranty. I don't think it's my responsibility to chase up on this- I expected a fully working product and this is not the case. Please would you offer a refund? Thank you, Rich"

 

 

 

So I replied again referencing that, if he replies again should I raise it with eBay or wait until he does that?

 

Hello Rich, you said in your first message: "I just wanted you to know that the earpiece on the phone stopped working" and "I'm not blaming you for breaking it/ not checking it's functionality- as it had been working for a week or so just fine!!". You have said already it stopped working after use and this wasn't existing in the first week of you using it. This is an issue you need to resolve under the Sony Warranty. It was sold in working order and any faults that develop after sale is not my responsibility but that of the Sony warranty. Please contact Sony so they can resolve this for you. Regards, Nick."

 

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Also tell him that if he wanted the convenience of returning it for a full refund and someone else to sort out the warranty problem then he should have bought brand new from a shop in the first place! When you buy 2nd hand privately you take a chance sometimes on faults developing and lack of aftercare in exchange for a cheaper price, when would he draw the line? Would he have still contacted you if it developed after a month?

Also as previously said you only got his words that he hasn't dropped it attempted a repair himself or if the letter is even real?

Or he might even send you back a faulty phone identical to the one you sent,as there was nothing really wrong with yours in the first place and been planning this all along? does sound too much like a pre planned scam to me.

Last time I sold an expensive bit of electrical equipment I took down serial numbers in case I got a faulty one returned.

Might be worth contacting eBay first as well, good luck mate

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I don't see how he should have any come back from you, it sounds like in the last message he is altering his tone anyway.

 

It's like when I bought my car, by the time I'd got it home the engine light had come on, and has been on ever since - I couldn't exactly take it back and ask for a refund from the seller, as it had happened whilst it was in my ownership!

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If shove comes to push and you loose make sure you get the goods returned to you at there cost before you give them a refund,let E-bay know this.

 

Good Luck..

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I'm confused over the sony warranty thing

The phone was working, then it didnt, so he sent it off under warranty - surely under warranty means it would be fixed unless it was something like water damage?

I'd ask him to take a picture of the letter from sony and get him to send it to you (the pic of the letter from sony, not the phone ;) lol)

If he has problems doing that he could always take a pic, upload it to photobucket etc etc etc

Then get in contact with sony and see if his story tallies up. The letter would have reference numbers etc won't it? Would be worth finding out why they couldn't/wouldn't repair a faulty earpiece if that was the problem

Maybe even phone ebay support and ask their opinion on what happens in these circumstances.

Edited by MAZ
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I'm confused over the sony warranty thing

The phone was working, then it didnt, so he sent it off under warranty - surely under warranty means it would be fixed unless it was something like water damage?

I'd ask him to take a picture of the letter from sony and get him to send it to you (the pic of the letter from sony, not the phone ;) lol)

If he has problems doing that he could always take a pic, upload it to photobucket etc etc etc

Then get in contact with sony and see if his story tallies up. The letter would have reference numbers etc won't it? Would be worth finding out why they couldn't/wouldn't repair a faulty earpiece if that was the problem

Maybe even phone ebay support and ask their opinion on what happens in these circumstances.

 

 

They did repair it, and replace the screws, but it still doesnt work. so there repair was shoddy if indeed done.

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eBay acted in my favor and closed the case. :D Mainly down to him saying it worked fine when he first received it and as someone already pointed out due to him sending it off for warranty it has been modified so not in its original condition which means it isn't eligible for a refund either.

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