Ebay - seller refunded faulty item, but hasn't asked for it back.

[Rushup 10]

This Ebay problem may be familiar to someone here, if so I hope you can help.

 

At the beginning of July I bought a midi controller on Ebay, which turned out to be seriously faulty and in need of repairs - not in mint condition as described in the auction. After a lengthy debate with the seller, who refused to accept there was anything wrong, I escalated the case to customer support and, having uploaded a video demonstrating the faults, Ebay ruled in my favour at the start of August. I was told to await a full refund from the seller, and received an email confirming buyer protection meant return postage costs would be covered, which also stated a pre-paid postage label would be emailed to me once the refund was completed.

 

It's now almost a month since I received the refund in full and the case was closed, but I haven't received a postage label from Ebay. The seller hasn't left feedback and hasn't requested that I return the midi controller - in fact he hasn't been in touch at all, despite continuing to be active on the site. The postage in the auction was free, but it would cost me about £10-15 to send the midi controller back.

 

The midi controller is packaged and ready to post, completely unused. I am happy to send this back to the seller, but only if the cost of postage is covered. It occurred to me the seller may not want the item returned if it doesn't work, particularly since it could be expensive to repair, but I don't know for sure. I've read about Ebay issuing 'courtesy refunds', where both seller and buyer keep the money, and the buyer keeps the item too, but there isn't anything in my case notes that specifically mentions this. I received the refund in Paypal and transferred the money to my bank account 4 weeks ago.

 

So what do I do - wait indefinitely for the seller to contact me, or is the midi controller mine to keep?

Edited September 9, 2013 by Rushup
clarified a few points.

[Ghozer 112]

I think it's 90 days before such items don't need to be returned..

 

contact ebay support, i'm sure they will be able to clear that up...

[PlayStation 10]

Keep it, i would. Flog it for spares.

[anywebsite 10]

You could ask the seller, maybe they'd rather not have it back than have to pay the return postage?

[Architects 10]

You seem like an honest person Agent ****, which is nice to see.

 

I agree with Ghozer, and if eBay say it is yours, I would do what PlayStation has suggested ; )

 

I think you're right when you say the seller may just not want it back, so I get the feeling eBay will give you a time frame on how long to wait, until they say the item is officially yours.

 

Good luck!!

[Dardandec 32]

Keep it for six months and keep your eye out for any messages from ebay on your ebay messaging, or email account. Most of the ebay messages, while they are sent by a person, are mostly automated, ie pre written messages that's why there isn't any "specific case notes"

 

After that you can safely say its yours.

[davyboy 18]

I would e mail the seller and give him 2 months to either collect it or send you a post paid label for the controller's return.

Warn him that if he fails to do this then you will assume that he has no further interest in it and will dispose of it.

You have to give him the opportunity.

Copy in e bay and keep the e mails.

You could for your own protection send him a copy of the e mail by sign for/registered snail mail.

The 2 months I have suggested is off the top of my head but there may be a statutory time limit you have to give him.

Have a look at the CAB website :

http://www.adviceguide.org.uk/england/consumer_e/consumer_common_problems_with_products_e/consumer_lost_found_and_uncollected_goods_e/how_to_dispose_of_left_behind_goods.htm

Edited September 10, 2013 by davyboy

[Rushup 10]

Thanks for the replies. I've contacted Ebay and the seller - again, hopefully there will be a resolution one way or the other...

[Ghozer 112]

If not, what is it? and what's up with it?

 

I may be interested for spares

[terminator 10]

I have had 2 faulty items replaced by seller but never have they asked for items to be returned.Think i have had about 150 items over years so not bad.I think 6 months is correct as owner of a motorcycle never collected twice from me and had to wait 6 moths before i could do anything with them.Some time ago though so not sure if things have changed.

[John 11]

Ebay self impose 6 months or whatever it is does not supersede UK law.

 

The link Davyboy gave offers the correct advice on how to deal with this issue.

[terrorfirma 10]

Sometimes it's simply not worth the postage costs to have their faulty goods returned. I have had this happen to me a couple of times.