Issue with seller not responding to me - misrepresented a phone as unlocked. AT&T has hardlocked it.
I sent the message below to the seller - trading as [Removed] - seller:
[Removed]
New York
United States
"You sold me a phone that was permanently locked! You totally misled me above and simply stopped responding to my messages not only leaving me hanging but stranded without a phone in a foreign country!
I resorted to paying $150,00 to a third party to try to unlock this phone only to be told it could not be unlocked at which point I called AT&T directly and they told me that you sold me a phone that was permanently locked due to it having a balance owing on the account!
This has caused me grief, insecurity, money and gigantic waste of time.
Totally unacceptable business practice - you should have tested this phone before representing that it was unlocked for worldwide use.
You have agreed to refund me for the phone if it is returned by Feb 20th but you know I am out of the country and will not b eback in the US until the end of March and will only then will be able to return this phone. I
expect that date to be extended through the end of March and I expect to receive a not only the full refund of $384.36 but also the $150.00 I paid trying to unlock it when you just stopped responding after telling me you would supply a code.
It would be even more acceptable to me if you just issued that full refund NOW as this phone is totally useless to anyone anyway!
Please respond immediately to remedy this situation. If I do not hear back from you I will be forced to escalate this complaint not only to Ebay but also to the Better Business Bureau and will write a very negative review for you on Ebay.
Please do not ignore this as you did on the email chain above. Thank you"
Please let me know how I can get in touch with Ebay directly to help with resolving this issue.
Since Cocosprinkles agreed to a return there seems to be no way of contacting ebay at all to have them
help with this very unfortunate situation. I can't seem to find a phone number for Customer Service at Ebay
at all.
Please help!
Thanks
Sue
albertabrightalberta
·6 months ago@1954zebra
You bought the phone over 30 days ago. You're way too late for ebay's MBG (money back guarantee) to help you.
Rather than spending money to get it unlocked, you should have just opened a return request after receiving it.
ETA:
You purchased the phone on January 1. What was the date of receipt?
ryry-jj
·6 months agoOk, I almost would care less about returning the phone at this point and going just to my payment source to claim fraud. Yes, that takes eBay out of it....but this isn't a "fair" transaction, the seller knew exactly what they were doing to you. Get a chargeback, the seller will get hit with additional expenses and you'll get your money back. But make sure to claim "fraud"
kathiec
·6 months ago@1954zebra
Contacting eBay will be fruitless. They can't require the seller to pay more than the initial cost for the phone. Small claims court is the only place you'll be able to recover that. You can open an item not as described case with eBay, but they will only require the seller to pay return shipping from the location to which the phone was originally shipped. And you will be required to ship the return no later than 15 days from the date the return is accepted in the case.
@ryry-jj 's advice is spot on. You need to dispute the charge with your payment source.
1954zebra
OP6 months agoThank you. So if the return date is Feb 15th and I do not return it until March 15th what happens?
S
ryry-jj
·6 months agoSo I'm guessing this phone initially worked, then the buyer took it out of the country, the "seller" paid the next payment to keep the phone working passed the 30 day window, then stopped paying for it, and AT&t locked it for balance due. Seller is now passed any 30 day return window. You are not the first buyer to have this happen, nor will you be the last
Your only recourse now is a charge back from your payment source....and to go buy a new phone from a local authorized dealer.
1954zebra
OP6 months agoThank you.
I have not idea if the phone initially worked. I recieved it on Jan 1st.
I bought as an unlocked phone to use while traveling and discovered that it was permanently
locked by the carrier once I got to my first stop on Jan 22nd. Seller said they would send me a code
to unlock it - never did.
Reported it as product not as described and was issued a refund to return by Feb 20th.
I will not be back in the US until March 10th
mudshark61369
·6 months ago@ryry-jj , @yo0339 ,
The seller does not have to provide a return label to the buyer who is now in a foreign country, if the item was originally shipped to an address in the U.S.
yo0339
·6 months ago1954zebra
OP6 months agoWow -- is anyone really following the complaint?
I am only travelling in a foreign country and will be returning but later than the the return window...
Why should I be penalized twice....?
Misrepresented product and possibly losing the refund due to no fault of my own???
There has to be a solution here.
Thanks
stainlessenginecovers
·6 months ago@1954zebra because just like Walmart, which has a 90-day return window, on day 91, you OWN it.
No return.
No refund.
Ebay has 30 days and it does NOT matter where you are.
You can 'open a return' on ANY computer on ANY internet (just like the one you are using) and then you need to RETURN it from WHERE-EVER you are (shipping can be done from just about anywhere except Antarctica); so then SHIP it back within the time frame given to you on the Return Case.
1954zebra
OP6 months agoReturn was opened and I know how to use the internet!
I guess you have not tried to ship an item back from Africa ?
The cost would be more than the phone itself cost to courier it and any other way would not get it there before
that due date and more than likely will not get it there at all!
Any other thoughts that might be helpful?
jonathanbrightlight
·6 months ago@1954zebra You’ve been provided helpful advice, and no one here is failing to understand. No one can change eBay policy for you, though, or grant an exception to the rules.
soh.maryl
·6 months agoNo, fortunately I've never tried to return a phone from Africa.
Unfortunately, your only recourse now is to do a chargeback on the credit card you used for payment.
kathiec
·6 months agoWe are all following the complaint. You don't seem to be following the answer. To successfully win a case with eBay you have to be able to return the item to the seller within 15 days of the return being accepted. If you can't do that you'll need to pursue a claim with the payment source. Hopefully you funded the purchase with a credit card in Paypal, because Paypal's return requirements mirror eBay's with the exception that they always require the buyer to pay return shipping. So you'll need to dispute the charge directly with your credit card.
It's not that we're not sympathetic to your plight. But like every other retailer eBay has rules and procedures that have to be followed.
ryry-jj
·6 months agoYou file for a return using "item not as described" for a full refund. Returns are part of the buying process when you purchase on-line, you need to know how each platform you buy on operates in regards to returns. Trying to contact the seller or eBay will only cause more grief and be a greater waste of time. eBay is automated, follow the steps.
You have 30 days from the time you received the item to submit the return in accordance with MBG.
1954zebra
OP6 months agoWhy is everyone missing the point?
I am unable to return the phone in the 30th day window as I am out of the country until mid march.
I only discovered the problem once I got here!
The phone was misrepresented and useless to anyone - even the seller when he gets it back as
is has been permanently hard locked by the carrier due to contract issues with the previous owner.
Why should I be penalized twice .... misrepresented product and possibly losing my opportunity for
a refund?
albertabrightalberta
·6 months agoNo one is missing the point.
Ebay has policies in place and they do not and cannot bend.
You should have tested/activated the phone before you left the country. While I feel bad for you, it's not ebay's problem that you are out of the country.
mudshark61369
·6 months ago@1954zebra ,
""You sold me a phone that was permanently locked! You totally misled me above and simply stopped responding to my messages not only leaving me hanging but stranded without a phone in a foreign country!".
When you post on these boards you are not in contact with ebay employees. We are for he most part very experienced buyers and sellers, who do what we can to help people who have issues because of our long experience using the site.
Were you abroad when you bought the phone or still at home? If you were already away did you have the phone sent to you by a friend, family member or freight forwarder? If the phone was sent to your U.S. address or a friends... The seller is not responsible to pay the return shipping from another country. In order to get the phone back to the seller within the remaining time you may have to find a FedEx or UPS office near your location and have it sent back by their fastest method.
This is not a situation that an actual ebay rep can help you with. There is no return policy that covers an item purchased and delivered somewhere in the U.S. that is found faulty by a person who is now out of the country. If you were still in the country the seller would have to provide you with a return domestic shipping label. They are not required to buy an international, label that cost more than you paid initially for domestic delivery.
FYI, ebay does not have a direct dial customer service phone number any longer. You would have to contact them by using the Contact us button under the Help & Contact header at the bottom right of the page, and even then since you are out of the country you could only chat via messages with a rep who will not be able to help you. The phone reps cannot make return international phone calls.
1954zebra
OP6 months agoI bought the phone in the US and took it with me for an extended trip to use with a sim card in South Africa
while I was traveling. I only found the problem when I was here and reached out to the seller immediately.
They said they would get me a code to unlock. They never did.
I will not be able too mail the phone back from here and will not be back in the US until mid march.
There has to be a fair resolution to this problem....
please advise if you can.
Thanks!
soh.maryl
·6 months agoYours is a situation where there is no reason or need to contact eBay.
You received an item that is not as described. You have 30 days after receipt to open an ITEM NOT AS DESCRIBED CASE with eBay.
yo0339
·6 months agoOP has already done that, and has until Feb 20th to mail back the prepaid return shipping label. She cannot start another return request on eBay.
terrycece62
·6 months agoOpen a return on this item
you have 30 days with eBay period they will not help you after that per MBG policy
6 months if you paid through PayPal
Good Luck
house*of*paws
·6 months agoFYI: PayPal no longer gives 6 months for returns @terrycece62 . They reduced it to 30 days … same as eBay.
[PayPal still allows 180 days to file an ‘Item not received’ claim, however.]
Only credit card companies allow a longer time period to return an item … with a lot of variation among companies, some as long as 10 months or more.
1954zebra
OP6 months agoThank you.
I did pay through PayPal.
Do I just reach out to them for the refund extenion?
S