I have just made my first disgruntled murmmer about something I have just bought.

The description said 'suede' boots....not 'suede looking' or 'suede effect' as i have been caught out like this before. Just suede. But they are not.

I have read back the sellers feedback and there was one comment about the boots (they are a job lot) not being suede but the buyer was happy and left positive feedback anyway and nobody else has even mentioned it, just left positive feedback about lovely boots. I, however, have contacted the seller and said I am not happy with their description of the boots and feel I have been cheated. HOWEVER...I really do like the boots and want to keep them I just think I deserve them at a discounted rate - or another pair free. I have asked for a discount and left it with them. The seller has really good feedback over all so I have said I will hold back mine untill this is resolved.

Any suggestions.


PS...Did I tell you I passed my exam today?

Cat, (congratulations again - lol)

I think you have done the right thing. Most e-bayers want to preserve their positive feedback and it's worth a try at least. I think the only obligation on the part of seller is to give a refund if you are not satisfied.

They may, however, agree to your suggestion in order to keep their positives on feedback. They may just say send them back though.

It's naughty to sell stuff as suede when they are imitation suede though.

Let us know how you get on.

Did I tell you I passed my exam today?

No I don't think you did Cat, what exam was that? Congrats btw :D

was Victor's mum in the exam room?

You've just got to hope he/she's happy to compromise in return for good feedback.

If the seller asked you to send them back in return for a refund, you wouldn't really have a leg to stand on (or boot). If that happens, what's plan B?

Mr C (resident Trading Standards Officer) says the seller has misdescribed the goods. In these cases you may either sue the seller for damages (which is effectively what you are doing) or obtain a full refund. If they argue, you need to point out that the goods were misdescribed and therefore your contract with them is invalid, and that the alternative is you take them to the Small Claims Court. (In which case they would be liable for your Court fees, time off work etc as well).

Good luck.

(NB You generally don't have as many rights in a private sale or an auction as you would buying froma shop; but misdescriptions are the one area that counts).

Well done for standing up for yourself and making the right decision, Cat. :thumbsup:

Mr C (resident Trading Standards Officer) says the seller has misdescribed the goods. In these cases you may either sue the seller for damages (which is effectively what you are doing) or obtain a full refund. If they argue, you need to point out that the goods were misdescribed and therefore your contract with them is invalid, and that the alternative is you take them to the Small Claims Court. (In which case they would be liable for your Court fees, time off work etc as well).

Good luck.

(NB You generally don't have as many rights in a private sale or an auction as you would buying froma shop; but misdescriptions are the one area that counts).

What happens if they say send them back? I want to keep them, they are actually very nice, I just want another pair free. Shall I take them to court and sue them for a lorry load in all different colours?

Have I burnt my bridges and sunk my ships...

SHIP AHOY!!!!

oooooh...look at this, just had a right snottly reply from the seller.

Firstly, please do not threaten me with negative feedback, as this is approach is unlikely to help you achieve your aims. And please be sure that I will reciprocate appropriately.

I will also file a complaint with Ebay for feedback extortion which is forbidden in the terms and conditions related to your account.

The item you have is already heavily discounted at 20% of the retail value and therefore there is no further scope to offer an additional discount.

If you are not satisfied, I would invite you to return the item, as long as they are completely unworn and in perfect condition (with all packaging) and we will give you a refund, minus the postage cost as per our published terms. I recommend that you obtain a proof of posting certificate, at the very least, as we will require this should the item be lost or damaged in transit or fail to be delivered.

I sent an equally snotty one back saying I did not threaten him, I said I was witholding feedback until he replied as he had a good reputation and I wanted to give him time to reply. I have also told him that he should change the description of the boots on ebay as his goods are 'misdescribed' and though I am not taken it any further some one else could.

I don't think I'm going to get a free pair am I. Can't be arsed, will keep the boots and hopefully this chap will become my new pen friend....I can see a bond developing there.

:laugh:

Oh dear Cat, what on earth are they hoping to acheive giving you a reply like that! He has threatend you in his reply though! Has he given you feedback? I think that if you have been paid promptly for the goods you should give the buyer feedback straight away and should not wait until they have received the goods and given you feedback.

You could always report them to E-bay about the goods being misrepresented and that he has threatend you in that he is going to give you negative feedback, even though you have paid and that he is going to report you for you giving him negative feedback!

I am having problems with e-bay at the moment too. I have listed an item for sale and I cannot find it when I put a search in for it. I am awaiting their reply.

Good luck, Cat and CONGRATULATIONS ON YOUR EXAMS!! WELL DONE! :thumbsup:

I would write back telling him that you know Victor. and then just watch him crumble.

Who's Victor? :unsure:

If the seller asked you to send them back in return for a refund, you wouldn't really have a leg to stand on (or boot).Not quite: Ceridwen mentions "damages" - in this case, not only would you be entitled to a refund, you'd also be entitled to the extra amount it would cost to buy the boots as described. ie if it is £50 more for a pair of real suede boots (but otherwise identical) then you'd claim your money back (in full) plus £50.

In practice though it is almost NEVER worth pursuing people for these kinds of sums of money. I think that your personal stress levels are more important than "the principal" of the thing. Pursuing someone through the courts is very rarely satisfactory, even if you win.

I'd chalk it up to experience, but also leave appropriate feedback: ie "Goods described as 'suede' but were imitation". Negative or neutral. The trader's reference to 'feedback extortion' is just bullying tactics. Do what you feel is most appropriate but which also causes you the least aggravation. I wouldn't even think about the small claims court.

In practice though it is almost NEVER worth pursuing people for these kinds of sums of money. I think that your personal stress levels are more important than "the principal" of the thing. Pursuing someone through the courts is very rarely satisfactory, even if you win.


Sadly I have to agree here and it is costly. We are pursuing an ex-tenant of ours for £2000 plus furniture that she took from the house and we are probably going to have to write the whole lot off. We can take her to court, we can get a CCJ applied against her, we can get it noted that she has to pay us back but in reality you can't get blood out of a stone and she has a whole heap of other creditors who she owes to as well. It makes me sick that she is going to get away with it though.

Cat, the feedback facility is there for a reason. I would be tempted to give negative feedback, not just for the goods that you bought but also for his reply, it was unnecessary to reply like that.

I got a rude reply from someone once even though I gave positve feedback, I did comment that it took over 2 weeks for the goods to arrive and she sent me a reply saying that her reputation was ruined, blah, blah, blah but I simply put what had happened and I didn't tick the negative box.

Oh Cat it so reminds me of a purchase I made on ebay (I am not very lucky on ebay).

I bought a glass lantern which was sent across England from Ayr to Surrey just wrapped in a bit of bubble wrap and brown paper and arrived damaged (no surprise there). I was advised by my colleague who is a seasoned ebayer that it should have been boxed, especially as I was charged £7 for postage. I contacted the seller and gave him a chance to make this right before I left feedback and he said EXACTLY the same thing that I was "threatening him" with feedback and that I was an "unpleasant type". I did complain to ebay as I was furious at his lax attitude and that I had wasted my money but to no avail I am afraid.

Cat - I was going to re-iterate what Ceri said Mr C said - and ebay will do this for you, they have a section that deals with people who misrepresent their goods for sale.

I think at the stage you are at however, maybe just to let this one lie - but give him some feedback.

I am going to leave it be....but if he hasn't changed his wording by the weekend I will report him to ebay.

I am not going to leave any feedback at all till then.

This has not soiled my pleasure of ebay, it was bound to happen one day...but look what I won today..

http://img.photobucket.com/albums/v286/Caty65/new.bmp

Isn't it just the hippiest, chic'st top you ever did see....£3 including PP!!!!! WOO WOO

These are the boots off questionable fibre by the way:

http://img.photobucket.com/albums/v286/Caty65/boots.bmp

Isn't it just the hippiest, chic'st top you ever did see....£3 including PP!!!!! WOO WOOOh my GOODNESS they saw you coming! :sick:

:laugh: ;)

Oh my GOODNESS they saw you coming! :sick:

:laugh: ;)

**** off you goggle eyed git.

ooh looky looky, obviously got the wind up this chaps sails....got this today...


Sorry if I seemed a bit harsh last night. I am always keen to keep my customers happy, how about I offer you either a 15% credit to your PayPal account and you keep the item or you can return them for a refund?
Regards


What should I do?


I recon he fancies me.

Well done, Cat. :thumbsup: They're nice boots, aren't they?

Well done, Cat. :thumbsup: They're nice boots, aren't they?

Yes they are but there not suede. Shall I use my discount on another pair...they come in black and dark brown? Or would that be wrong and make all my arguments fall to the ground. His name is the same as yours....its not you is it? :shocking:

Yes they are but there not suede. Shall I use my discount on another pair...they come in black and dark brown? Or would that be wrong and make all my arguments fall to the ground. His name is the same as yours....its not you is it? :shocking:

No, not me. I've never traded anything on ebay. Hey, they're nice boots and you know what you're getting now, so if you want them, you get them. Will you ask him for the discount again? :w00t:

I think he fancies you too, Cat and who wouldn't you are gorgeous :D


I think if I was you, I would take the 15% he is offering as you like the boots! I don't think I would go for another pair though, I think I would just take the money and run!

Cat, may I say that to use the 15% discount to buy further boots would be bordering on utter tartiness.

So probably just the thing for you then. :bag:

take the discount, keep the boots. Then get Buzz to buy more boots on your behalf, then complain that they're not suede and get a discount. Then, get Patsy to buy another pair on your behalf, complain that they're not suede and get a discount etc......


You people have a lot to learn about sneakiness.

**** off you goggle eyed git.You trying to chat me up? :wub:

Well I have just dealt with my first prob on ebay successfully. I was really worried as I have 100% feedback on ebay and did'nt want him giving me negative feedback. First of all it after a week and a half I sent him an email to say where is it. He wrote and apoligised and sent it, but forgot to put stamps on it so I had to pay out 50p fo the postage and the £1 fine. So I sent an email saying I was not happy, he sent one back saying he was so sorry, and here was a full refund and he would understand if I left negative feedback. I read his feedback and it was'nt like him so I suspect something was going wrong at home so I left neutral feedback. If you leave neutral it won't effect there feedback score, but it does say it was'nt perfect. So I got a free dvd and he was happy because he expected negative feedback.

ooh looky looky, obviously got the wind up this chaps sails....got this today...


Sorry if I seemed a bit harsh last night. I am always keen to keep my customers happy, how about I offer you either a 15% credit to your PayPal account and you keep the item or you can return them for a refund?
Regards


What should I do?


I recon he fancies me.

Ooh well done you Cat.
If I were you, I'd take the discount and keep the boots, they are rather nice.
And then do what Floopy suggests:ninja:

I recon he fancies me.
He's dead...
I think you should send the boots back, wait until you get your refund and give him the worst feedback in the world :mad:

We've bought and sold loads of things on ebay and never had a problem (the biggest item I bought was a new leather 3-piece suite. A bit heart stopping sending off £800 into the unknown but all feedback was good and it was an excellent purchase.

I'm having a problem now though. Hubby bought some Solatex (don't ask, it's some kind of covering for his model aeroplane) and it never arrived.

I wrote asking them to confirm it was in the post as we were still waiting and first got a reply that he was behind in posting, sorry, etc. Then got another e-mail saying he had sent it to someone else by mistake and could he give them my address for them to send it on or did I want their e-mail addy to contact direct!!

I told him he could give my address but that any contact should be done through him as I felt he was passing the buck.

He keeps saying now that the other bloke has promised to send it to me and he will contact him to find out what's happening.

Finally got fed up with waiting and told him that either I receive a full refund or the goods by Friday or I will leave negative feedback and contact ebay for a refund.

Got this in reply:

I've tried several times to contact the other bloke but he hasn't replied to me. I do know that he has now received his covering, so he should have sent it on to you. If you check my previous feedback you will see that it's all good and that I do send all my items(all be it some are a bit slow). However this has gone on a bit now and I know if it was me I would want my money back too, I will email Rob one last time, if he doesn't reply then I will send you your money back staight away.
Once again, many appologies for this mess up.

He's got til tomorrow!!!!! Amount involved? About £7 but that's not the point - lol.

Nice boots Cat :thumbsup:

I've decided to keep the boots and 15%, tell him I will leave positive feed back when he has changed the description to 'suede effect' on his site.

Feel good that I have had a minor victory and I am a crusader protecting the public from misdescribed boots.

I've decided to keep the boots and 15%, tell him I will leave positive feed back when he has changed the description to 'suede effect' on his site.

Feel good that I have had a minor victory and I am a crusader protecting the public from misdescribed boots.

Your'e on fire today!!1

Tart......

You trying to chat me up? :wub:

Oh dear, I didn't come on a bit too strong did I?

Tart......

Never mind the boots, Ebay emailed me today and threatened to sue me for $100, 000 if I don't shut my website forthwith. The website that encourages folks to use Ebay and spend money there that is. Just because in the domain name is the word ebay - www.theebayer.net

Now how about that pickle?

Tart......

PJ I thought we had discussed this...you can't be this possessive over me...I need to spread my legs in a relationship.

Never mind the boots, Ebay emailed me today and threatened to sue me for $100, 000 if I don't shut my website forthwith. The website that encourages folks to use Ebay and spend money there that is. Just because in the domain name is the word ebay - www.theebayer.net

Now how about that pickle?

Oh dear, I think I would just do as I was told. What are you going to do, hide in your shed with your weather dials?

Well done Cat, and it's nice he decided to apologise in the end :D

Isleofweather - I'm shocked at how petty Ebay are - you should see if you can sell your story to a paper, a little exaggeration about their bullying tactics might go a long way :cool2:

I've decided to keep the boots and 15%, tell him I will leave positive feed back when he has changed the description to 'suede effect' on his site.

Feel good that I have had a minor victory and I am a crusader protecting the public from misdescribed boots.

Good for you Cat, you must have scared him off, he must have heard about your reputation! :ninja:

I got my item listed, it takes between 3-6 hours once it is listed for it to be found in the search catergory. No bids as yet though :( but I have 4 watchers and have just under 5 days to go, so fingers crossed!