I desperately need help on the right thing to do with item not as described

[newparts4u]

Purchased an item with shipping comes to over $904.00 I am from the United States, seller is from the UK. The 

Item arrived, it is a wind up locomotive. Several reasons why it is no where close to what was advertised. But bottom line it does not work as it was described, and the one and only reason I bid was because it worked. Even though seller said it worked for him several times, he told me I was crazy for wanting to use it. That's the entire reason I bought it. 

I messaged seller, he sent back nasty messages, accused me of ruining it myself etc, and did not at that time accept my return, so I contacted  Ebay involved. I told them what was going on October 25th. The reply was " The seller should respond and let you know what to do next. If you don't hear back or can't work things out, you can ask them to step in and help on October 31st. They said seller was responsible for providing me with a return label. They said if I don't receive that, do not ship. Ten minutes after that, All of a sudden seller accepted  the return. But, he said through ebay he could not provide me with a return label. Through Ebay conversations, no less than 5, I was always told do not send item back until seller provides a return label. 

October 31st rolls around and nothing had happened, so I "got ebay involved" and opened a case. Ebay said at that time that seller had 5 days to provide a shipping label. Seller has told me several things, that he couldn't provide a label etc, all along prodding me with nasty messages. 

I should mention I myself have never used Ebay labels. I have never been able to for a myriad of reasons even though I wish I could. That's a whole different story....one of his messages told me that if the loco was not 100% perfect there will be no refund. When I found out it was not as he advertised it, a friend helped me and we took video's showing it didn't work, also took several pictures to show condition it arrived here in. We also packaged it up safely, taking pictures of the entire process. I didn't trust him because when I first asked for a return, he chewed me up and down saying I had ruined it and other things before he ever even asked why I wanted to return it. In the beginning, I'd of gladly shipped it back to him covering the cost, but once I got ebay involved, I wanted to do the right thing and whatever they told me.

Seller has delayed things several times giving me every excuse in the book and accusing me of everything under the stars. All along since opening the case on the 31st, Ebay has told me seller must provide me with a return label. But a couple times in talking with different Ebay personnell, I got conflicting accounts on questions. Then a few days ago he refunded me the original shipping costs, and said "send it back". Problem is, I checked shipping costs (online post office site) and it looks like it would cost me about 68-75 dollars to ship it back to him, and that does not include insurance. (when he shipped it to me he only insured it for $250) Before I returned his $29 paypal pymt, I told him in a message that online quotes show shipping costs of at least 68-75 dollars. I think I offered to ship it back if he provided me with complete costs. Next day he sends me the $29.00 again. I sent it back again because ebay has been quite clear, do not ship without a return label from him.  And being one to do the right thing I have told him no less than 3 times I would be happy (last week) any day to go to the post office and get an exact shipping quote with insurance. He would simply reply "send it back". I should also mention I am 17 miles away from the post office one way. 

Now here is my problem. I am at work now,  We are almost to the end of his 5 days and now I'm back to work, I work today and cannot leave, I work tomorrow (Sunday) but post office is not open, and I work Monday which is past his 5 day deadline. Supposed to work Tuesday but I could maybe get out of that. But I get a message now from customer service on the Ebay UK site and it says the following:

 ---------------------------------------------------------------------------------------------------------

My name is ******* from eBay UK Customer Service contacting you regarding the Return case: **********, you filed for the Item: ************ - item you purchased from: "********".

The reason to message you is your seller contacted us and informed us that we had asked the to facilitate return for you to return the item for full refund. They have informed us that they had provided you with the return shipping cost and you have returned it to them as you wish to have a prepaid label only. To this, please understand, as per the eBay Return Policy, if the seller is from other country, they can provide the buyer with the return label or the return shipping cost to their buyer.

As in this case, I can see that your seller is from UK and they are not able to provide you with the return label and they are co-operating for the return by providing you with the return shipping cost, I just request you to check for the postage cost from US to UK for the Item under 2KG with insurance for the item price for the tracked service.

You just have to check for the cost and let the seller know about this, now it is seller's responsibility to provide you with the return shipping cost, if they do not provide, then you may contact us back. Once they provide you with the return shipping cost via PayPal, you just have to post the item, you can purchase a label from post office and ship the item from there itself.

Please know, as I can see that the is being co-operative to you and are ready to provide you with the return shipping cost, please co-operate with them and let them the quotation. Please know, if we do not see you co-operate with the seller on eBay messages, I am to let you know, we may close the case without refund upon release from the hold. If we see you both resolving the issue, we may extend the hold too. I hope I have provided you the complete explanation. Should you need any further assistance please let me know. 

Thank you for your patience and understanding in this matter. 

Kind regards,
eBay Customer Support.

------------------------------------------------------------------------------------------------------

I took the time to call ebay once more a short while ago. The gentleman again said directly they are to provide a return label by the deadline or in leau thereof the full costs of return shipping and when they don't the case will be closed. 

BUT, after I hung up I checked my messages, and I got this following message from ebay/USA:

------------------------------------------------------------------------------------------------------

Thank you for contacting us about (item here) that you recently purchased. I understand you opened a case because the item was not as described. I can understand how concerning this is. Rest assured we’re here to work with you to make things right. 

After reviewing your case, we can see your seller has provided the funds to ship the item back. Here’s what to do next: 

Please ship the item back using a shipping company of your choice. It’s important the shipment can be tracked online and. You are responsible for returning the item in the condition you received it.

You’ll need to ship the item and upload tracking details to the case within 10 days of opening the case. Otherwise, the case will automatically close without a refund. For ease of reference, this is the seller's return address: (deleted for his privacy)

Once you return the item and the seller receives it, they have 2 business days to refund the cost of the item plus original shipping. If no refund is issued in this time, eBay will step in to provide the refund. We appreciate your cooperation and look forward to helping you resolve this.  

Thanks,

ebay.

________________________________________________________________ 

And Ebay/US also sent me this at the same time, and this directly goes against what the ebay gentleman told me on the phone!

Return the item to receive your refund

Hi Mark,

We reviewed this case and decided that you should return the item to the seller for a refund. We're sorry you had a problem with your purchase.

You need to send the item back to the seller by Nov 13, 2018 to receive a refund. Make sure that you enter the tracking information in the Resolution Center.

We'll issue you a refund once tracking information confirms that the item has been delivered to the seller.

 But you can see, the seller is saying he paid me for the return, he did not, not even close, even if I had kept his Paypal funds, which I did not. And I have been told several times by Ebay/US that even if he can't provide a return label they can and would help him towards that end. And I am not able to leave work before his 5 days ends. In my humble opinion he put me off just to be a huge pain, because he knew full well I wanted this taken care of swiftly.

I have several hours in this, I have wanted all along to do the right thing, I stand to gain Nothing from this as even if ebay finds in my favor I will donate this item to a local charity.

Any advice here is gladly accepted! I'm at my wits end and believe it or not even now I want to do the right thing, but all along this seller has made me jump through hoops. Last thing I want to be stuck with is this worthless expensive item.

My only question really is am I on firm ground by just waiting? I have done nothing but follow instructions the entire process.  I have no choice to do anything about it before the deadline, Do I answer Ebay/UK's message? The last thing they should do is allow this guy more time when he has had opportunities all week long! This guy is lying making it sound like he is the one doing the right thing but in reality he has fought me every step of the way. Confused here, do I listen to Ebay/USA or Ebay/UK?

Sorry this is so long, this has me so frustrated. 

[sam9876]

You need to ship it back and get an online viewable signature.

[newparts4u]

Hi Sam9876,

I appreciate your help.

I have absolutely no problem at all sending the item back.  I'll do the right thing in a heartbeat. I guess I am just confused, all along Ebay personnell in the US have told me absolutely do not send them item back until he sends me a return label. They told me that as late as this morning. Then seconds later they send a message saying I should return the item.

When looking at the notes Ebay sent me this morning, it looks like they are under the impression that he has already paid for return shipping. He has not. He did try sending me $27 twice, both times I refunded it because of insufficient funds which is what Ebay personnell told me to do. Actual shipping costs will be $88.35 and the maximum insurance the post office will offer is $650. But I have not taken a penny of his money, and I am not allowed to enter any proof in the case that I refunded his underpriced refunds. 

[gakni_76]

Don't insure a return

[newparts4u]

That doesn't sound right, don't insure a return? What if item is damaged on the way back, I have to imagine I would be responsible wouldn't I?

I have one other question, this is the last message I received from Ebay:

------------------------------------------------------------------------------------------------------------------------------

After reviewing your case, we can see your seller has provided the funds to ship the item back. Here’s what to do next:

Please ship the item back using a shipping company of your choice. It’s important the shipment can be tracked online and. You are responsible for returning the item in the condition you received it.

You’ll need to ship the item and upload tracking details to the case within 10 days of opening the case. Otherwise, the case will automatically close without a refund. For ease of reference, this is the seller's return address:

----------------------------------------------------------------------------------------

But while the seller told them he provided return shipping, he did not. He sent the $29 twice, both times on ebays recommendation I refunded that because it wasn't nearly enough. I have proof from Paypal that money was refunded, but when I go to the resolution center there is nowhere I can enter these forms to show I refunded his Paypal paymnets.

Even in messages Ebay sends there is nowhere to provide that proof.

[sam9876]

The fact that you refunded the return shipping money is a problem.

You might want to try calling eBay again and explain that it is going to cost $88 (or whatever the correct amount is).

Make sure that you get an online viewable signature.  Insurance isn't necessary.

[newparts4u]

Thank you!

I did contact Ebay. I replied to Ebay UK and was able to send them the receipts for my returned Paypal payments, and also told them why, because he did not send enough. They replied, and said they have sent the seller notice that he is to send me the proper funds. 

I also did call Ebay US again. I got hold of a wonderful gentleman and he went through the entire process with me and told me I have done the right thing so far. He also sent a message to the seller telling him to comply. And I made sure to tell them what the exact costs will be to ship back and I gave them the amount for actual return postage and the optional insurance so it is all up to him.

I never in the world thought I'd get caught up with a seller like this. I have dealt with some great sellers oversea's in the past but I won't allow myself to get caught up in this sort of thing again.  That is unfortunate but it is just not worth it for me. 

Thank you for all of your help...

[lintbrush*]

The seller needs to send the the funds for a return label in a seperate transaction.  

Refunding part of your original payment is not the same.  When times comes to refund, he would only be required to refund you the remaining part of the original payment.  eBay cannot force a seller to reimburse after the fact.

You will also need to send back the item with Signature Confirmation.  Be sure to include that as part of your request for shipping funds.

[papermoneyforme]

Read my lengthy post with a UK seller and returns.

[papermoneyforme]

---

@newparts4u wrote:

Purchased an item with shipping comes to over $904.00 I am from the United States, seller is from the UK. The 

Item arrived, it is a wind up locomotive. Several reasons why it is no where close to what was advertised. But bottom line it does not work as it was described, and the one and only reason I bid was because it worked. Even though seller said it worked for him several times, he told me I was crazy for wanting to use it. That's the entire reason I bought it. 

I messaged seller, he sent back nasty messages, accused me of ruining it myself etc, and did not at that time accept my return, so I contacted  Ebay involved. I told them what was going on October 25th. The reply was " The seller should respond and let you know what to do next. If you don't hear back or can't work things out, you can ask them to step in and help on October 31st. They said seller was responsible for providing me with a return label. They said if I don't receive that, do not ship. Ten minutes after that, All of a sudden seller accepted  the return. But, he said through ebay he could not provide me with a return label. Through Ebay conversations, no less than 5, I was always told do not send item back until seller provides a return label. 

October 31st rolls around and nothing had happened, so I "got ebay involved" and opened a case. Ebay said at that time that seller had 5 days to provide a shipping label. Seller has told me several things, that he couldn't provide a label etc, all along prodding me with nasty messages. 

I should mention I myself have never used Ebay labels. I have never been able to for a myriad of reasons even though I wish I could. That's a whole different story....one of his messages told me that if the loco was not 100% perfect there will be no refund. When I found out it was not as he advertised it, a friend helped me and we took video's showing it didn't work, also took several pictures to show condition it arrived here in. We also packaged it up safely, taking pictures of the entire process. I didn't trust him because when I first asked for a return, he chewed me up and down saying I had ruined it and other things before he ever even asked why I wanted to return it. In the beginning, I'd of gladly shipped it back to him covering the cost, but once I got ebay involved, I wanted to do the right thing and whatever they told me.

Seller has delayed things several times giving me every excuse in the book and accusing me of everything under the stars. All along since opening the case on the 31st, Ebay has told me seller must provide me with a return label. But a couple times in talking with different Ebay personnell, I got conflicting accounts on questions. Then a few days ago he refunded me the original shipping costs, and said "send it back". Problem is, I checked shipping costs (online post office site) and it looks like it would cost me about 68-75 dollars to ship it back to him, and that does not include insurance. (when he shipped it to me he only insured it for $250) Before I returned his $29 paypal pymt, I told him in a message that online quotes show shipping costs of at least 68-75 dollars. I think I offered to ship it back if he provided me with complete costs. Next day he sends me the $29.00 again. I sent it back again because ebay has been quite clear, do not ship without a return label from him.  And being one to do the right thing I have told him no less than 3 times I would be happy (last week) any day to go to the post office and get an exact shipping quote with insurance. He would simply reply "send it back". I should also mention I am 17 miles away from the post office one way. 

Now here is my problem. I am at work now,  We are almost to the end of his 5 days and now I'm back to work, I work today and cannot leave, I work tomorrow (Sunday) but post office is not open, and I work Monday which is past his 5 day deadline. Supposed to work Tuesday but I could maybe get out of that. But I get a message now from customer service on the Ebay UK site and it says the following:

 ---------------------------------------------------------------------------------------------------------

My name is ******* from eBay UK Customer Service contacting you regarding the Return case: **********, you filed for the Item: ************ - item you purchased from: "********".

The reason to message you is your seller contacted us and informed us that we had asked the to facilitate return for you to return the item for full refund. They have informed us that they had provided you with the return shipping cost and you have returned it to them as you wish to have a prepaid label only. To this, please understand, as per the eBay Return Policy, if the seller is from other country, they can provide the buyer with the return label or the return shipping cost to their buyer.

As in this case, I can see that your seller is from UK and they are not able to provide you with the return label and they are co-operating for the return by providing you with the return shipping cost, I just request you to check for the postage cost from US to UK for the Item under 2KG with insurance for the item price for the tracked service.

You just have to check for the cost and let the seller know about this, now it is seller's responsibility to provide you with the return shipping cost, if they do not provide, then you may contact us back. Once they provide you with the return shipping cost via PayPal, you just have to post the item, you can purchase a label from post office and ship the item from there itself.

Please know, as I can see that the is being co-operative to you and are ready to provide you with the return shipping cost, please co-operate with them and let them the quotation. Please know, if we do not see you co-operate with the seller on eBay messages, I am to let you know, we may close the case without refund upon release from the hold. If we see you both resolving the issue, we may extend the hold too. I hope I have provided you the complete explanation. Should you need any further assistance please let me know. 

Thank you for your patience and understanding in this matter. 

Kind regards,
eBay Customer Support.

------------------------------------------------------------------------------------------------------

I took the time to call ebay once more a short while ago. The gentleman again said directly they are to provide a return label by the deadline or in leau thereof the full costs of return shipping and when they don't the case will be closed. 

BUT, after I hung up I checked my messages, and I got this following message from ebay/USA:

------------------------------------------------------------------------------------------------------

Thank you for contacting us about (item here) that you recently purchased. I understand you opened a case because the item was not as described. I can understand how concerning this is. Rest assured we’re here to work with you to make things right. 

After reviewing your case, we can see your seller has provided the funds to ship the item back. Here’s what to do next: 

Please ship the item back using a shipping company of your choice. It’s important the shipment can be tracked online and. You are responsible for returning the item in the condition you received it.

You’ll need to ship the item and upload tracking details to the case within 10 days of opening the case. Otherwise, the case will automatically close without a refund. For ease of reference, this is the seller's return address: (deleted for his privacy)

Once you return the item and the seller receives it, they have 2 business days to refund the cost of the item plus original shipping. If no refund is issued in this time, eBay will step in to provide the refund. We appreciate your cooperation and look forward to helping you resolve this.  

Thanks,

ebay.

________________________________________________________________ 

And Ebay/US also sent me this at the same time, and this directly goes against what the ebay gentleman told me on the phone!

Return the item to receive your refund

Hi Mark,

We reviewed this case and decided that you should return the item to the seller for a refund. We're sorry you had a problem with your purchase.

You need to send the item back to the seller by Nov 13, 2018 to receive a refund. Make sure that you enter the tracking information in the Resolution Center.

We'll issue you a refund once tracking information confirms that the item has been delivered to the seller.

 But you can see, the seller is saying he paid me for the return, he did not, not even close, even if I had kept his Paypal funds, which I did not. And I have been told several times by Ebay/US that even if he can't provide a return label they can and would help him towards that end. And I am not able to leave work before his 5 days ends. In my humble opinion he put me off just to be a huge pain, because he knew full well I wanted this taken care of swiftly.

I have several hours in this, I have wanted all along to do the right thing, I stand to gain Nothing from this as even if ebay finds in my favor I will donate this item to a local charity.

Any advice here is gladly accepted! I'm at my wits end and believe it or not even now I want to do the right thing, but all along this seller has made me jump through hoops. Last thing I want to be stuck with is this worthless expensive item.

My only question really is am I on firm ground by just waiting? I have done nothing but follow instructions the entire process.  I have no choice to do anything about it before the deadline, Do I answer Ebay/UK's message? The last thing they should do is allow this guy more time when he has had opportunities all week long! This guy is lying making it sound like he is the one doing the right thing but in reality he has fought me every step of the way. Confused here, do I listen to Ebay/USA or Ebay/UK?

Sorry this is so long, this has me so frustrated. 

---

Read my post for another return issue with a UK buyer that Ebay totally screwed up